2008 U.S. Copyright Office Memo concluded that export of accessible works is not legal under U.S. law

In briefings about the WIPO proposal for a treaty for persons who are blind or have other disabilities, the U.S. government has sent mixed signals regarding the legality of exporting of accessible works created under exceptions in U.S. law. In some informal briefings and conversations, the U.S. government has said such exports are allowed under U.S. law. At other times, they say they are not.

KEI has obtained a June 12, 2008 memo from the U.S. Copyright Office, written by Neil Conley to David Carson, that analyzes the possible extraterritorial effects of the Chafee Amendment.

Continue Reading

Uncategorized

DOJ files amicus brief supporting controversial use of copyright claim to block parallel trade of Omega watches

In a parallel trade case involving Costco, a popular discount outlet, and Omega, the Swiss watchmaker, the US Department of Justice has come down against U.S. consumers, backing the Swiss companies use of copyright laws to block imports of watches sold at lower prices outside of the US, by Omega. A copy of the DOJ brief is available here. Costco filed a response, which is available here.

Continue Reading

Uncategorized

WIPO Open-ended Consultations on Copyright Limitations and Exceptions for Persons with Print Disabilities

On April 23, 2010 and May 27-28, 2010, WIPO will hold open-ended consultations on copyright limitations and exceptions for persons with print disabilities and on the protection of audiovisual performances as mandated by the conclusions of the 19th session of the WIPO Standing Committee on Copyright and Related Rights (SCCR).

Continue Reading

Uncategorized

Copyright lobby (IIPA) demands that USTR punish governments who ‘consider’ mandating open source software

On February 18, 2010, the International Intellectual Property Alliance (IIPA), a trade association whose members include the Business Software Alliance (BSA), the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) prepared a 498 page submission to the Office of the United States Trade Representative (USTR) detailing their concerns with 39 countries or territories which the IIPA believed were not providing adequate and effective protection of their Continue Reading

Uncategorized

United States of America Statement on Copyright Exceptions and Limitations for Persons with Print Disabilities

World Intellectual Property Organization
Standing Committee on Copyright and Related Rights (SCCR)
Nineteenth Session
December 14-18, 2009

United States of America Statement on Copyright Exceptions and Limitations for Persons with Print Disabilities

As Delivered
December, 2009

Geneva, Switzerland

Thank you, Mr. Chairman.

The United States is proud to have a series of specific exceptions and limitations in our copyright law, including for education, libraries, and persons with print disabilities.

Continue Reading

Uncategorized

New Ad Hoc Observers for the WIPO Standing Committee on Copyright and Related Rights (Dec.14-18, 2009)

There will be new participants at the WIPO Standing Committee on Copyright and Related Rights (Nineteenth Session) Geneva, December 14 to 18, 2009.

Here is the lists of non-governmental organizations, which have requested to be granted observer status in sessions of the Standing Committee on Copyright and Related Rights (SCCR), according to SCCR’s Rules of Procedure (see document SCCR/1/2, paragraph 10).

  • African Union of the Blind (AFUB)
  • All India Confederation of the Blind (AICB)
  • Asociación Civil Tiflonexos – Biblioteca Tiflolibros (Tiflolibros),
  • Continue Reading

Uncategorized

Comments on inadequacy of voluntary measures to ensure equal access to copyrighted works for persons with reading disabilities

In discussions about a possible WIPO Treaty for persons who are blind or have other reading disabilities, there have been suggestions by some that voluntary licensing by rights holders presents a sufficient solution to the problem. I studied several publications since 1985 to take a closer look at this viewpoint and find out what were the common perceptions.

Continue Reading

Uncategorized