Monthly Archives: December 2012

2012 Global Congress on Intellectual Property and the Public Interest #gcongress

The Global Congress on Intellectual Property and the Public Interest is part of an attempt to define a positive agenda for policy reform in IP by building a global network of scholars and advocates.

I attended the Congress as part of the “Global Network on Copyright Limitations and Exceptions” an international group of copyright law experts that is drafting a set of exceptions and limitations to copyright law that (ideally) any country to use to modernize its law, comply with international obligations such as the Berne Convention and TRIPs and take advantage of the under-utilized flexibility those agreements allow. Our objective is

“to promote discussion of employing ‘open-ended’ limitations in national copyright legislation” and to support “the development of binding international agreements providing for mandatory minimum limitations and exceptions.”

Our view is that balancing mechanisms and user rights are an integral part of the copyright policy, not an afterthought.

We were also extremely privileged to have a whole day of private meetings with Marcos Souza, Head of Copyright, Brazil Ministry of Culture. In this meeting members of the L&E Network discussed proposals to amend Brazil’s copyright with Brazilian copyright scholars and officials.

  • Model Flexible Use Clause, Version 4.0 (PDF)
  • Introduction to Text (PDF)
  • Appendix I: Presumptively Lawful Purposes (PDF)
  • Appendix II: Examples of Flexible Limitations and Exceptions from Existing and Proposed Laws (PDF)
  • Appendix III: Responding to Frequently Asked Questions About Flexible Use Provisions (PDF)

Sean Flynn, Michael Carroll, Peter Jaszi and Meredith Jacobs from American University have done a fantastic job coordinating this.

Other L&E Network members include: Ahmed Abdel Latif, Alberto Cerda Silva, Allan Souza, Andrew Rens, Bruno Lewicki, Carlos Affonso, Carolina Botero, Caroline Ncube, Denis Barbosa, Gwen Hinze, Hong Xue, Jennifer Urban, Jonathan Band, Leon Felipe Sanchez Ambia, Matthew Sag, Niva Elkin-Koren, Oliver Metzger, Pedro Mizukami., Pedro Paranagua, and Pranesh Prakash.

These people are all awesome!