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Category: Fair use

SWD IA on EU copyright modernisation – options to address preservation of cultural heritage


No policy intervention. Reproduction of works for preservation purposes by CHIs would continue to take place only as permitted under the different conditions and the varying space provided by the national implementation of the existing EU exception for ‘specific acts of reproduction’, or after the reproduction right has been cleared with rightholders if CHIs consider that the transaction costs involved is for them worth and possible to incur. In voluntary legal deposit contexts and for parts of scientific publications that libraries have access to remotely, preservation could continue to take place within broader agreement-based systems.

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Technical aspects of text and data mining research in copyright directive

A new very useful research, requested by policy department for citizens’ rights and constitutional affairs, has been published. The author of research, Eleonora Rosati, has briefly but informative and understandable way outlined the main issues with text and data mining exception to copyright. The entire research available here, below some technical points of exception – its three steps.

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Adaptation of photo without substantial similarity

On a sunny April day in 2007, freelancer Donald Harney snapped a photograph (“the Photo”) of a blond girl in a pink coat riding piggyback on her father’s shoulders as they emerged from a Palm Sunday service in the Beacon Hill section of Boston. Just over a year later, the pair in the Photo became a national media sensation.

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Fair use of books in institutes of higher education

In this case plaintiffs, consisting of individuals and associational organizations, assert claims for copyright infringement for the alleged unauthorized reproduction and distribution of books owned by the Universities. Defendants have entered into agreements with Google, Inc. (“Google”), that allow Google to create digital copies of works in the Universities’ libraries in exchange for which Google provides digital copies to defendants (the “Mass Digitization Project” or “MDP”).

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“Fair use” for backdrop video

Derek Seltzer created Scream Icon in 2003, and subsequently reproduced the image on posters and stickers. These reproductions were displayed on buildings, walls, street signs, and other public spaces around Los Angeles, including, specifically, a wall at Sunset Boulevard and Gardner Avenue. The Scream Icon image was also disseminated online.

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Castle Collection v Scholastic: it is likely about fair use

Castle Collection sought to enjoin the distribution and sale of the children’s book, “Silent Days, Silent Dreams”. The Book is written and illustrated by Allen Say and published by Arthur A. Levine, an imprint of Scholastic.

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Criticism can be insulting but it is not copyright infringement

This action principally concerns whether critical commentary on a creative video posted on YouTube constitutes copyright infringement. Matt Hosseinzadeh filed action in response to a video created by Ethan and Hila Klein, in which they comment on and criticize Hosseinzadeh’s copyrighted video. The Kleins’ criticism and commentary is interwoven with clips from the Hoss video.

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Australian copyright law review – alternative to fair use exception, specific exceptions and orphan works

An alternative exception, should fair use not be enacted, is also recommended: a ‘new fair dealing’ exception that consolidates the existing fair dealing exceptions and provides that fair dealings for certain new purposes do not infringe copyright.

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Australian copyright law review – with a fair use exception the right questions could be asked

An Australian copyright law review committee recommended the introduction of fair use in 1998. Almost 30 existing exceptions could be repealed, if fair use were enacted. In time, others might also be repealed. Replacing so many exceptions with a single fairness exception will make the Copyright Act considerably more clear, coherent and principled.

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