Tag Archives: international

New Advocacy and Policy Update Available

The latest ARL Advocacy and Policy Update (covering mid-August to the beginning of October) is now available.  Previous Advocacy and Policy Updates can be found here.

From the current update’s summary:

With its return from an August recess, the US Congress faces several controversial must-pass bills and other divisive issues with little time to spare prior to the passage of a short-term funding measure for the US Government as the Government’s fiscal year ended on September 30. A short-term funding bill that will fund the Government through mid-December was approved in lieu of another Government shutdown.

The US Senate continues to press ahead for passage of the Fair Access to Science and Technology Research Act (FASTR), a bill to codify the Office of Science and Technology Policy’s 2013 memorandum regarding public access to federally funded research.

The White House is building a pool of prospective candidates for the Librarian of Congress position. With James Billington’s retirement at the end of September, the White House has been reaching out to stakeholders, including ARL, for their input and recommendations. Legislation has been introduced in the Senate to limit the term of the Librarian of Congress to 10 years.

Copyright has been an active area over the past six weeks. Members of the House Judiciary Committee are poised to introduce several bills regarding the future of the US Copyright Office— determining the office’s authority and whether it will remain in the Library of Congress. This may be the first issue that the House considers as it continues its review of the Copyright Act for possible reform. A court ruled that Warner/Chappell Music does not hold a valid copyright to the “Happy Birthday” song lyrics, and there were two positive fair use decisions in Lenz v. Universal and Katz v. Google. The Library Copyright Alliance filed comments on the Copyright Office Notice of Inquiry on Extended Collective Licensing, and the 1201 Digital Millennium Copyright Act rulemaking is still underway.

ARL participated in a number of amicus briefs on a variety of issues. ARL, the American Library Association, Association of College and Research Libraries, and Chief Officers of State Library Agencies filed an amicus brief in support of the Federal Communications Commission’s Open Internet Order protecting network neutrality. ARL also joined in an amicus brief in the case Wikimedia v. National Security Agency (NSA), challenging warrantless surveillance and invoking the First Amendment’s protection of privacy.

Congress continues to consider reform of the Electronic Communications Privacy Act, or ECPA and there is widespread support in the House for such reform.

The US Supreme Court has agreed to rehear Fisher v. University of Texas at Austin, a case involving the University of Texas (UT) admissions process, which seeks to improve student body diversity.

On the international front, several additional countries have ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, with Canada moving closer to ratification of the treaty. Another meeting took place in late September–early October to finalize the Trans-Pacific Partnership Agreement, a large, regional, trade agreement among 12 countries including Canada and the US. Finally, the “right to be forgotten” online has been upheld in Europe, and French regulators declared that search engines must apply the right to be forgotten across all domains, not just in France or Europe.

Mexico Ratifies Marrakesh Treaty

On Wednesday, July 29, 2015, the World Intellectual Property Organization (WIPO) announced that Mexico ratified the Marrakesh Treaty.  The Marrakesh Treaty sets forth minimum standards for limitations and exceptions to facilitate access to accessible format works.  It would also permit cross-border sharing of these accessible formats, allowing countries to avoid unnecessary duplication of efforts and resources in the creation of these accessible works.  Additionally, the Treaty would facilitate importation of works created in other languages.

With Mexico’s ratification as well as recent news of Mongolia’s ratification, the Marrakesh Treaty is now halfway to the 20 necessary ratifications to enter into force.  Countries previously ratifying the treaty include Argentina, El Salvador, India, Mali, Mongolia, Paraguay,Singapore, the United Arab Emirates and Uruguay.

Bill C-65 in Canada was introduced in June in preparation for accession to the Marrakesh Treaty.  While the United States signed the Treaty in October 2013, signaling an intention to ratify, the Obama Administration has not yet sent the Treaty to the US Senate for ratification.

Mongolia Ratifies Marrakesh Treaty for the Blind; 11 More Needed for Entry Into Force

Mongolia’s Parliament has ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.  The Marrakesh Treaty now has a total of nine ratifications or accessions* and eleven more are needed for it to enter into force.  Countries that have previously ratified or acceded to the Marrakesh Treaty include: Argentina, El Salvador, India, Mali, Paraguay, Singapore, the United Arab Emirates and Uruguay.

The Marrakesh Treaty sets forth minimum standards for limitations and exceptions to facilitate access to accessible format works.  It would also permit cross-border sharing of these accessible formats, allowing countries to avoid unnecessary duplication of efforts and resources in the creation of these accessible works.  Additionally, the Treaty would facilitate importation of works created in other languages.

The United States, which signed the treaty on October 2, 2013, should ratify the treaty to help end the “book famine” where only a small fraction of books, estimated by the National Federation of the Blind at no more than five percent, are created in accessible format.  While the United States has robust limitations and exceptions to allow for the creation and distribution of accessible format works, many countries, particularly those in the developing world, do not and their collections of accessible formats are even smaller than in the United States.  Additionally, persons with print disabilities in the United States would benefit from ratification, not only from the ability to import works from other English-speaking countries, but also because persons who speak other languages or are learning new languages — for example, Spanish, French, Russian or Chinese — would be able to import works in these languages from other countries.  The Administration has reportedly been working on its ratification package, but the package has not yet been sent to Congress.

Canada recently introduced a bill to amend its copyright law in preparation for accession to the Marrakesh Treaty.  The amendments would remove the restriction against creation of a large print book, allow broader export and make changes to the exception permitting circumvention of technological protection measures.  Passing this bill would be the first step toward accession for Canada.

A recent IP-Watch story quoting Michelle Woods from the World Intellectual Property Organization (WIPO) indicated that the twenty total ratifications needed for entry into force could potentially take place later this year, meaning that the Marrakesh Treaty would enter into force in early 2016 (the treaty will enter into force three months after the twentieth ratification).  With eighty signatories to the Marrakesh Treaty, as well as numerous countries that have indicated that efforts are underway to accede to the treaty, hopefully more countries swiftly ratify so that the treaty can enter into force and alleviate the book famine.

*Countries that signed the Marrakesh Treaty during the one-year period in which it was open for signature must ratify the treaty.  Ratification is a two-step process where a country will sign the treaty, signaling that it agrees with the treaty and intends to ratify.  While a signature does not create a binding legal obligation and does not commit a country to ratification, it obliges the country to not commit acts that would undermine the treaty’s objective and purpose.  Countries that did not sign the Marrakesh Treaty can become a party to the treaty through accession, a one-step ratification.  

Now with United States government support for maximalist copyright on behalf of the motion picture industry (from an earlier, relatively balanced approach to the treaty), this meaningful treaty —to help visually impaired people who have the audacity to hope, the audacity to read —has becomes meaningless.

Strong words from the ever-awesome Carrie Russell at ALA in a new blog post, Hooray for Hollywood? Choosing maximum copyright over justice.

the proposed directive has morphed into a twisted attempt to protect the ideology underpinning 20th century copyright legislation against the effects of the problems created by the rigidity of this very ideology

Intensely skeptical statement by COMMUNIA on the proposed EU Orphan Works Directive.

Good God, ACTA is like a Swiss Army knife for autocrats. It slices, it dices, it censors, and it traces.

Citizen Media Law Project explains how provisions in ACTA that would require ISPs to reveal the identities of accused infringers could be used by authoritarian regimes to unmask human rights activists.