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Articles 31 - 60 of 114
Full-Text Articles in Law
Data Localization And Government Access To Data Stored Abroad: Discussion Paper 2, Shanzay Pervaiz, Alex Joel
Data Localization And Government Access To Data Stored Abroad: Discussion Paper 2, Shanzay Pervaiz, Alex Joel
Joint PIJIP/TLS Research Paper Series
The Centre for Information Policy Leadership (CIPL) and Tech, Law & Security Program (TLS) have been collaborating on a project regarding data localization policies. As data localization is increasingly gaining traction, we seek to understand the different dimensions of the impacts and effectiveness of these policies. As part of this collaboration—CIPL published a paper on the “real life” business, societal, and consumer impacts of data localization policies and TLS published the present paper on whether data localization measures are legally effective in achieving one of their main ostensible purposes, i.e., to prevent foreign government access to data.
The Trouble With The Wipo Broadcasting Treaty, James Love
The Trouble With The Wipo Broadcasting Treaty, James Love
Joint PIJIP/TLS Research Paper Series
The World Intellectual Property Organization (WIPO) is a specialized UN body that provides forums to discuss intellectual property policies and practices, provides technical assistance to its member states and engages in norm setting. Since 1997, WIPO has engaged in a series of activities to evaluate proposals advocated by some companies that are engaged in broadcasting. There is yet another effort to bring this proposal to a diplomatic conference. This article (i) provides background on the negotiations including the evolving rationales for broadcast right; (ii) describes the differences between the thin temporary signal protection model and the far more problematic vision …
Lost In Transit: How Enforcement Of Foreign Copyright Judgements Undermines The Right To Research, Naama Daniel
Lost In Transit: How Enforcement Of Foreign Copyright Judgements Undermines The Right To Research, Naama Daniel
Joint PIJIP/TLS Research Paper Series
The ease of travel in the globalized, modern world is a double-edged sword for the right to research: while research opportunities are bolstered due to information and data traveling extremely easily in the digital world, the right to research may be undermined by the easy travel of foreign copyright judgments between countries. This article analyzes thoroughly, for the first time, the threats posed to the right to research by private international law instruments on recognition and enforcement of foreign copyright judgments. This article uses a theoretical and doctrinal perspective to analyze the matter, demonstrating that the right to research, aimed …
Government Role In Realising A ‘Right’ To Research In Africa, Chijioke Okorie
Government Role In Realising A ‘Right’ To Research In Africa, Chijioke Okorie
Joint PIJIP/TLS Research Paper Series
Development agendas and plans such as World Intellectual Property Organisation (WIPO) Development Agenda, African Union Agenda 2063, South Africa’s National Development Plan 2030 and Nigeria’s National Development Plan 2021 – 2025, etc. indicate the need for and benefits of research for development. Research as an activity is needed for countries to sharpen their innovative edge and contribute to global scientific and technological advancement. Recent scholarship has highlighted the positive impact on national development of copyright exceptions implementing a right to research in the form of either a complete defence to copyright infringement, or, as user rights. However, the realisation of …
The Wipo Broadcasting Treaty: Comments On The Second Revised Draft, Bernt Hugenholtz
The Wipo Broadcasting Treaty: Comments On The Second Revised Draft, Bernt Hugenholtz
Joint PIJIP/TLS Research Paper Series
From March 13 to 17, 2023, the WIPO Standing Committee will discuss, for the 43rd consecutive time, a possible Treaty on the Protection of Broadcasting Organizations. The draft treaty, which has featured high on the Committee’s agenda since its inception in 1998, would offer international protection to broadcasting organizations against unauthorized retransmission and related uses. Despite many years of discussion, stern opposition, countless redrafts and political setbacks, the controversial treaty project has never been abandoned. A Second Revised Draft Text, published on 11 January 2023, is now on the Committee’s agenda. This paper critically discusses the history, rationales, and examines …
Second Revised Draft Text For The Wipo Broadcasting Organizations Treaty, Annotated, Sean Flynn, Miguel Alvarenga
Second Revised Draft Text For The Wipo Broadcasting Organizations Treaty, Annotated, Sean Flynn, Miguel Alvarenga
Joint PIJIP/TLS Research Paper Series
The agenda of the 43rd meeting of the World Intellectual Property Organization Standing Committee on Copyright and Related Rights includes a Second Revised Draft Text for the WIPO Broadcasting Organizations Treaty. This PIJIP Working Paper displays the changes between the first and second revised drafts and adds short commentary on some of the major drafting issues. The comments include repeated references to the working paper Prof. P. Bernt Hugenholtz, Groundhog Day in Geneva: The WIPO Broadcasting Treaty is on the Agenda Once Again. American University International Law Review Symposium on the Right to Research in International Copyright Law, v.2 March …
Legal Literacies For Text Data Mining – Cross-Border (“Lltdm-X”): White Paper, Rachael G. Samberg, Timothy Vollmer, Thomas Padilla
Legal Literacies For Text Data Mining – Cross-Border (“Lltdm-X”): White Paper, Rachael G. Samberg, Timothy Vollmer, Thomas Padilla
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Reconceptualizing Open Access To Theses And Dissertations, Orit Fischman Afori, Dalit Ken-Dror Feldman
Reconceptualizing Open Access To Theses And Dissertations, Orit Fischman Afori, Dalit Ken-Dror Feldman
Joint PIJIP/TLS Research Paper Series
Theses and dissertations (TD) are academic research projects that are conducted by graduate students to acquire a high academic degree, such as a PhD. The perception of the written TD has evolved over the years, following changes concerning the purpose of advanced academic studies. Today, these academic fruits should meet a high standard of academic innovation, which is understood broadly as encompassing not only knowledge concerning basic science but also the knowledge that generates social and economic value for society.
The modern perception of TD has generated a call for their greater accessibility, as part of the Open Science movement. …
Legal Literacies For Text Data Mining – Cross-Border (“Lltdm-X”): Case Study, Rachael Samberg, Timothy Vollmer, Thomas Padilla
Legal Literacies For Text Data Mining – Cross-Border (“Lltdm-X”): Case Study, Rachael Samberg, Timothy Vollmer, Thomas Padilla
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Legal Reform To Enhance Global Text And Data Mining Research, Sean Flynn
Legal Reform To Enhance Global Text And Data Mining Research, Sean Flynn
Joint PIJIP/TLS Research Paper Series
Text and data mining (TDM) research involves the process of collecting vast amounts of digitized material and using software to analyze and extract information from such information. TDM is a crucial first step to addressing some of the world’s greatest scientific and societal challenges. But, as we show in this article, a patchwork of copyright laws across jurisdictions limits where and how TDM research can occur. We discuss how the World Intellectual Property Organization and legislatures around the world can promote harmonization of copyright exceptions for various research uses. Addressing research uses, including for TDM, in copyright reform can help …
The Status Of Reproduction Rights Organisations (Rros) In Africa, Desmond Oriakhogba, Dick Kawooya
The Status Of Reproduction Rights Organisations (Rros) In Africa, Desmond Oriakhogba, Dick Kawooya
Joint PIJIP/TLS Research Paper Series
This report is based on desk research conducted from June 2021 to May 2022 by way of a survey of publicly available information on Reproduction Rights Organisations (RROs) in all 55 African Union (AU) member states. It is the first of a two-part study. The second part of the study will be conducted as empirical research where data will be obtained from relevant stakeholders in the collective management systems of African countries to address key issues flagged in this report as requiring further evidence.
This report examines the current status of RROs in Africa to help inform policy and legislative …
Research Exceptions In Comparative Copyright, Sean Flynn, Luca Schirru, Michael Palmedo, Andrés Izquierdo
Research Exceptions In Comparative Copyright, Sean Flynn, Luca Schirru, Michael Palmedo, Andrés Izquierdo
Joint PIJIP/TLS Research Paper Series
This Article categorizes the world’s copyright laws according to the degree to which they provide exceptions to copyright exclusivity for research uses. We classify countries based on the degree to which they have a research exception in their law that is sufficiently open to be able to permit reproduction and communications of copyrighted work needed for academic (i.e. non-commercial) text and data mining (TDM) research. We show that nearly every copyright law has at least one exception that promotes uses for research purposes. We find six different approaches to the provision of research exceptions that implicate application to TDM. Notably, …
Reforming Copyright Or Toward Another Science? A More Human Rights-Oriented Approach Under The Rebspa In Constructing A "Right To Research" For Scholarly Publishing, Klaus Beiter
Joint PIJIP/TLS Research Paper Series
This article identifies copyright impediments existing in the sphere of science, to then make (tentative) suggestions as to how these may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, specifically asking whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of …
Trips-Compliant Alternatives For Overcoming Intellectual Property Barriers To Covid-19 Countermeasures, Brook Baker
Trips-Compliant Alternatives For Overcoming Intellectual Property Barriers To Covid-19 Countermeasures, Brook Baker
Joint PIJIP/TLS Research Paper Series
In the aftermath of the recent WTO Ministerial Decision on the TRIPS Agreement (adopted June 17, 2022), there may be some confusion about the many options that countries have for overcoming intellectual property barriers to allow alternative production, distribution, and use of COVID-19 countermeasures. Of course, visibility into the patent landscape for particular products is essential to understanding freedom to operate in terms of products, ingredient, and manufacturing processes, and that work is complicated, though aided by the Medicines Patent Pool MedsPaL and VaxPaL databases and work done by other researchers on COVID-19 vaccine and therapeutics patents . Overcoming patent …
Conceptualizing A 'Right To Research' And Its Implications For Copyright Law: An International And European Perspective, Christophe Geiger, Bernd Justin Jütte
Conceptualizing A 'Right To Research' And Its Implications For Copyright Law: An International And European Perspective, Christophe Geiger, Bernd Justin Jütte
Joint PIJIP/TLS Research Paper Series
Copyright, at international, European and national levels, does not provide a legal framework that prioritizes enabling and incentivizing research using protected works and information to the extent necessary and desirable in a digital, data-driven society in order to build a sustainable ecosystem for innovation and creativity. While small progress has been made, for example with the recent introduction of specific exceptions for research purposes and for text and data mining in certain national legislations as well as in the European Union law, a horizontal approach towards a more research-friendly copyright ecosystem has so far failed to evolve. By revisiting international …
Protecting Children In The Age Of End-To-End Encryption, Laura Draper
Protecting Children In The Age Of End-To-End Encryption, Laura Draper
Joint PIJIP/TLS Research Paper Series
No abstract provided.
A Novel Dataset Measuring Change In Copyright Exceptions, Michael Palmedo
A Novel Dataset Measuring Change In Copyright Exceptions, Michael Palmedo
Joint PIJIP/TLS Research Paper Series
Copyrights grant creators long periods of market exclusivity during which they or their agents have the exclusive right to reproduce and distribute their works. However, copyright exceptions limit their scope and strength. The laws on both copyright protection and copyright exceptions vary substantially from one country to the next. This working paper introduces a novel, survey-based dataset that describes changes to 24 countries’ laws on copyright exceptions over time. To explore the data, I construct two indices from subsets of the dataset; one that focus on exceptions related to ICT technologies and another that focuses on educational uses. The indices …
Non-Patent Intellectual Property Barriers To Covid-19 Vaccines, Treatment And Containment, Sean Flynn, Erica Nkrumah, Luca Schirru
Non-Patent Intellectual Property Barriers To Covid-19 Vaccines, Treatment And Containment, Sean Flynn, Erica Nkrumah, Luca Schirru
Joint PIJIP/TLS Research Paper Series
As the World Trade Organization considers a proposal to waive or otherwise address intellectual property barriers to the global response to the COVID-19 pandemic, most of the attention given by scholars and policy makers has been focused on patents. The original proposals by South Africa and India, as well as the groundbreaking support of the United States, however, explicitly applied to all forms of intellectual property. This paper documents many instances where non-patent forms of intellectual property create barriers to the global scale up of access to vaccines, treatments, and the ability to contain the virus through social distancing. Addressing …
Research Exceptions In Comparative Copyright Law, Sean Flynn, Michael Palmedo, Andrés Izquierdo
Research Exceptions In Comparative Copyright Law, Sean Flynn, Michael Palmedo, Andrés Izquierdo
Joint PIJIP/TLS Research Paper Series
Recent scholarship has highlighted the positive impact on scholarship of copyright exceptions for text and data mining and of more “open” exceptions for research uses. Until now, however, there has not been a collection and categorization of the world’s copyright laws according to the degree to which they provide exceptions for research. In this report, we release the results of the first such study. We show that every copyright law in the world has at least one exception to promote research uses of copyrighted works, but that such exceptions vary widely between countries. We conclude that the world’s exceptions for …
Reforming The Right To Remuneration In The South African Copyright Amendment Bill, Malebakeng Agnes Forere
Reforming The Right To Remuneration In The South African Copyright Amendment Bill, Malebakeng Agnes Forere
Joint PIJIP/TLS Research Paper Series
One of the core goals of South Africa’s Copyright Amendment Bill is to provide a right to fair remuneration for all authors and performers. This objective was motivated by the experiences of numerous famous South African creators who, despite their success in the creative industry, died as paupers. The problem that the Bill seeks to address is that the distributors of copyrighted work are dominated by multinational monopolies that are able to exact enormous concessions in their contracts with South African creators. Among the tools to address this problem in the Bill is a new right to a “fair royalty” …
Not The African Copyright Pirate Is Perverse, But The Situation In Which (S)He Lives-Textbooks For Education, Extraterritorial Human Rights Obligations, And Constitutionalization "From Below" In Ip Law, Klaus Beiter
Joint PIJIP/TLS Research Paper Series
Printed textbooks remain crucial for education, particularly in developing countries. However, in many of these countries, textbooks are unavailable, too expensive, or not accessible in learners’ native tongues. Digital content, for many reasons, does not prove a wondrous solution. Cheaply (translating and) reproducing textbooks would be a strategy. However, reprography is highly regulated under copyright law. Copyright also adds to the cost of textbooks. The availability, accessibility, and acceptability of learning materials constitute essential elements of the right to education under international human rights law.
Intellectual property (IP) law has so far refrained from endorsing the concept of extraterritorial state …
The Missing Goal-Scorers In The Artificial Intelligence Team: Of Big Data, The Fundamental Right To Research And The Failed Text And Data Mining Limitations In The Csdm Directive, Christophe Geiger
Joint PIJIP/TLS Research Paper Series
This article argues that recent strategies of the European Union in the field of Artificial Intelligence (AI) resemble a football team missing a goal-scorer to win any of the competitions with other jurisdictions having more flexible limitations to copyright, in particular with those allowing robust text and data mining (TDM) activities. It analyses the TDM limitations newly introduced in EU copyright law by the Directive on Copyright in the Digital Single Market to show that these provisions not only fail to take duly into account the right to research grounded in the fundamental right to information, but also will not …
Platform Liability Under Article 17 Of The Copyright In The Digital Single Market Directive, Automated Filtering And Fundamental Rights: An Impossible Match, Christophe Geiger, Bernd Justin Jütte
Platform Liability Under Article 17 Of The Copyright In The Digital Single Market Directive, Automated Filtering And Fundamental Rights: An Impossible Match, Christophe Geiger, Bernd Justin Jütte
Joint PIJIP/TLS Research Paper Series
The Directive on Copyright in the Digital Single Market (CDSM Directive) introduced a change of paradigm with regard to the liability of some platforms in the European Union. Under the safe harbour rules of the Directive on electronic commerce (E-Commerce Directive), intermediaries in the EU were shielded from liability for acts of their users committed through their services, provided they had no knowledge of it. Although platform operators could be required to help enforce copyright infringements online by taking down infringing content, the E-commerce Directive also drew a very clear line that intermediaries could not be obliged to monitor all …
The Integration Of Artificial Intelligence In The Intelligence Community: Necessary Steps To Scale Efforts And Speed Progress, Corin R. Stone
The Integration Of Artificial Intelligence In The Intelligence Community: Necessary Steps To Scale Efforts And Speed Progress, Corin R. Stone
Joint PIJIP/TLS Research Paper Series
No abstract provided.
"Fair Use" Through Fundamental Rights In Europe: When Freedom Of Artistic Expression Allows Creative Appropriations And Opens Up Statutory Copyright Limitations, Christophe Geiger
"Fair Use" Through Fundamental Rights In Europe: When Freedom Of Artistic Expression Allows Creative Appropriations And Opens Up Statutory Copyright Limitations, Christophe Geiger
Joint PIJIP/TLS Research Paper Series
This chapter discusses the evolution in jurisprudential understanding of the relationship between copyright and freedom of artistic expression in the European Union. It demonstrates how courts in France and several other EU member states have accepted a “fair use” approach that applies fundamental rights as external limitations to copyright law, in compliance with the case law of the European Court of Human Rights but contrasting with the recent conflicting position of the Court of Justice of the European Union. The chapter first analyses the application of freedom of artistic expression to copyright law on a case-by-case basis and shows that, …
The Domestic Effect Of South Africa's Treaty Obligations: The Right To Education And The Copyright Amendment Bill, Sanya Samtani
The Domestic Effect Of South Africa's Treaty Obligations: The Right To Education And The Copyright Amendment Bill, Sanya Samtani
Joint PIJIP/TLS Research Paper Series
On 16 June 2020, the President of South Africa returned the Copyright Amendment Bill [B-13 of 2017] to Parliament, expressing reservations regarding its constitutionality and compliance with international law. In this paper, I describe the constitutional implications of compliance with international law and the binding international obligations incumbent upon South Africa in respect of copyright and international human rights law. In doing so, I argue that the Bill of Rights acts as a magnet, compelling all organs of state to give greater normative weight to those international obligations that map onto the Bill of Rights as compared to those …
"An Hundred Stories In Ten Days": Covid-19 Lessons For Culture, Learning And Copyright Law, Carys J. Craig, Bob Tarantino
"An Hundred Stories In Ten Days": Covid-19 Lessons For Culture, Learning And Copyright Law, Carys J. Craig, Bob Tarantino
Joint PIJIP/TLS Research Paper Series
In the face of a pandemic, copyright law may seem a frivolous concern; but its importance lies in the ever-expanding role that it plays in either enabling or constraining the kinds of communicative activities that are critical to a flourishing life. In this article, we reflect on how the cultural and educative practices that have burgeoned under quarantine conditions shed new light on a longstanding problem: the need to recalibrate the copyright system to better serve its purposes in the face of changing social and technological circumstances. We begin by discussing how copyright restrictions have manifested in a variety of …
Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Analysis Of Woods And Myburgh Comments On Cab, Jonathan Band
Analysis Of Woods And Myburgh Comments On Cab, Jonathan Band
Joint PIJIP/TLS Research Paper Series
On June 16, 2020, President Ramaphosa of the South African Republic referred the Copyright Amendment Bill (“CAB”) back to the National Assembly on the grounds that he had reservations concerning its constitutionality. In his referral letter, President Ramaphosa stated that the CAB may be in conflict with international intellectual property (IP) treaties South Africa had joined or was planning to join. CAB opponents’ arguments that the CAB is incompatible with IP treaties are based largely on comments prepared by Michele Woods, Director of the Copyright Law Division of the World Intellectual Property Organization, in 2018. Woods prepared these comments as …
What Role Can Regulations Play? A South African Public Law Perspective On The Potential Response Through Regulations To Constitutional Reservations About The Copyright Amendment Bill, B-13b Of 2017, Jonathan Klaaren
Joint PIJIP/TLS Research Paper Series
This working paper addresses several issues in South African law relevant to determining whether and to what extent regulations may address genuine problems in the Copyright Amendment Bill [CAB]. Regulations are of course not yet drafted for this Bill and the Bill remains a Bill and is not yet an Act. Indeed, as discussed further below, the Bill is currently under consideration in Parliament as part of a section 79 process. In addition to its focus on the CAB, this paper identifies a set of emerging South African public law issues associated with similarly situated legislation.
After a background section …