2013-04-18

‎Canadian collecting society wages war on fair dealing:

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Revision as of 17:22, 18 April 2013

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== Official Meetings ==

== Official Meetings ==





== Consultations and departments ==

== Committees ==

== Committees ==

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===Enterprise and Regulatory Reform Bill===

===Enterprise and Regulatory Reform Bill===



After having been returned to the [[House of Commons]] with amendments the [[Enterprise and Regulatory Reform Bill]], according to the [http://services.parliament.uk/bills/2012-13/enterpriseandregulatoryreform.html progress of the Bill], is currently in the "Ping Pong" stage. The House of Commons has yet to consider the copyright amendments made by the [[House of Lords]].
Another
Ping Pong
event
is scheduled for the 22 April.

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After having been returned to the [[House of Commons]] with amendments the [[Enterprise and Regulatory Reform Bill]], according to the [http://services.parliament.uk/bills/2012-13/enterpriseandregulatoryreform.html progress of the Bill], is currently in the "Ping Pong" stage. The House of Commons has yet to consider the copyright amendments made by the [[House of Lords]].
The next
Ping Pong
stage
is scheduled for the 22 April.

===Defamation Bill===

===Defamation Bill===

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== International Developments ==

== International Developments ==



==
European Union
==

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==
=China prioritises IP enforcement=
==



==
Devolved Matters
==

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According to [http://www.chinadaily.com.cn/business/2012-11/06/content_15880293.htm China Daily] 'Piracy has long been staining the reputation of China on intellectual property rights protection." As a result the:

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"reported end of free downloads of music, which has been confirmed by industry insiders to be under discussion by major international record companies and Chinese music sharing websites, is expected to mark another major achievement in China's battle against piracy."

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In late January "Chinese Vice-Premier Wang Qishan called for more efforts to fight copyright infringement and counterfeit products in China". On the 16 April Wan Yongshen was "sentenced to six months in jail and fined 2,000 yuan ($320) after being convicted of illegally publishing the works of Mo Yan, winner of last year's Nobel Prize in literature." The National Office Against Pornographic and Illegal Publications stated that "Yongshen published 3,000 illegal copies of Mo's books." The office:

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"disclosed 10 most common forms of copyright infringement cases that it fought in 2012. Among them, the most serious punishment handed out was an 11-year prison sentence in Tianjin, while the highest fine was 3.2 million yuan, for a copyright case in Harbin, Heilongjiang province."

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===
Canadian collecting society wages war on fair dealing
=
==

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The ruling made in [http://en.wikipedia.org/wiki/Alberta_(Education)_v_Canadian_Copyright_Licensing_Agency_(Access_Copyright) Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright)] which, according to [http://the1709blog.blogspot.co.uk/2012/07/flecks-five-scc-ruling-no2-photocopies.html the 1709 Blog] clarified "the test to assess whether use of copyright material for research and private study is "fair dealing"", has resulted in York University in Toronto being sued for copyright infringement. Several Canadian universities "opted out of collecting society Access Copyrights's model copyright licence" with Access Copyright responding by pursuing legal action.

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According to [http://www.accesscopyright.ca/media/35670/2013-04-08_ac_statement.pdf Access Copyright] "The actions focus on York University, ministries of education, school boards and post-secondary institutions that copy-and promote the copying-of copyright-protected materials without a licence." The legal fronts include:

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* A lawsuit has been launched against York University. It alleges that York's purported fair dealing guidelines authorise and encourage copying that is not supported by the law, and that there is no justification for the university to operate outside the interim tariff.

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* An interim elementary and secondary school education tariff application has been filed with the Copyright Board of Canada. This application seeks an effective enforcement mechanism against the ministries of education and Ontario school boards for their stated intention to stop paying the royalties set by the Copyright Board.

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* A proposed post‐secondary tariff has been filed with the Copyright Board of Canada for the period of 2014‐2017. With this application, Access Copyright ensures the continuation of an existing process at the Copyright Board to establish the royalties to be paid for the use of copyright‐protected content in post‐secondary educational institutions.

== Law and Legal Cases ==

== Law and Legal Cases ==

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"In the wrong hands, today's surveillance technologies can have devastating effects, and the public, especially victims targeted by this surveillance, have a right to know what the UK government is doing about it."

"In the wrong hands, today's surveillance technologies can have devastating effects, and the public, especially victims targeted by this surveillance, have a right to know what the UK government is doing about it."

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===Supreme Court refers question of temporary copies to the CJEU===

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Following on from the decision made in [http://www.bailii.org/ew/cases/EWHC/Ch/2010/3099.html NLA v Meltwater and PRCA] whereby it was held that users of Meltwater's news aggregation service need a licence from the NLA in order to receive and read Meltwater's news snippets, the Supreme Court held that it will refer the question of "temporary copies" to the CJEU. According to the [http://the1709blog.blogspot.co.uk/2010/11/how-originality-is-reinventing-itself.html 1709 Blog]:

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"The specific question of whether the copies made on user's computer screens and hard drives when they access and read content online are temporary for the purposes of Article 5.1 of the [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML InfoSoc Directive] was appealed to the Supreme Court." The Supreme Court's decision "contains a thorough analysis of the temporary copies exception and previous CJEU case law". The decision notes that:

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"if it is an infringement merely to view copyright material, without downloading or printing out, then those who browse the internet are likely unintentionally to incur civil liability, at least in principle, by merely coming upon a web-page containing copyright material in the course of browsing."

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As a result it was stated that:

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"the issue has a transnational dimension and that the application of copyright law to internet use has important implications for many millions of people across the EU making use of what has become a basic technical facility. These considerations make it desirable that any decision on the point should be referred to the Court of Justice for a preliminary ruling, so that the critical point may be resolved in a manner which will apply uniformly across the European Union."

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Full judgement available [http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2011_0202_Judgment.pdf here].

== ORG Media coverage ==

== ORG Media coverage ==

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