Copyright legislation

Americas - national

IFRRO submission on U.S. PUBLIC CONSULTATION: “MASS DIGITIZATION PILOT PROGRAM” August 2015
Submitted by jboyd on Thu, 20/08/2015 - 06:58

This submission made on behalf of IFRRO - The International Federation of Reproduction Rights Organisations – supports the US Copyright Office’s proposed approach, that ways to facilitate large-scale digitisation of copyright works be explored through a pilot program, which involves relevant stakeholders. It further shares relevant experience from other similar initiatives and, in particular on the use of the Extended Collective Licensing (ECL) to support large-scale digitisation, which is the legal technique that we understand that the Copyright Office wishes to consider in support of large-scale digitisation projects in the US.

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Canada - IFRRO comment on Canadian Copyright Modernization Act
Submitted by jboyd on Tue, 18/10/2011 - 11:39

Following the Canadian Copyright Bill C-11 (the “Copyright Modernization Act”), tabled in the House of Commons on 29 September 2011 in the exact same form as Bill C-32 (which died with the 2011 election call), IFRRO expressed its concerns vis-à-vis the Canadian Government ministers.

In a letter to Hon. Edward Fast, James Moore and Christian Paradis (in English and French), IFRRO made clear that the educational and other non-commercial exceptions in the proposed Canadian Copyright Modernization Act (Bill C-11) will seriously affect the existing and future sales market for educational material and prejudice authors' and publishers' legitimate interests.
 

Canada - IFRRO comment on Canadian Copyright Modernization Act
Submitted by jboyd on Wed, 15/09/2010 - 08:33

IFRRO has expressed its concerns, in a letter to Canadian Government ministers, that the educational and other non-commercial exceptions in the proposed Canadian Copyright Modernization Act (Bill C-32) will seriously affect the existing and future sales market for educational material and prejudice authors' and publishers' legitimate interests.

It also believes that the bill will put Canada outside the existing agreed international legal framework on copyright.
 

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Brazil: Brazilian copyright amendment threatens Exclusive Rights
Submitted by James on Mon, 23/08/2010 - 09:53
IFRRO has supported the Brazilian RRO Associação Brasileira de Direitos Reprográficos (ABDR) in its protests against proposed amendments to the Brazilian Copyright act. 
 
In a letter to Juca Ferreira, the Brazilian Minister of Culture, while supporting some amendments which aim at sustaining collective management of rights in printed works, IFRRO points out that the bill appears to give a general right of access to copyright material which would conflict with the author’s exclusive rights in the Berne Convention and the “3 Step Test” in relation to exceptions and limitations.
 
The basic principle in copyright is that the creator of a work shall also be granted the exclusive right to authorise the use of it. This applies to all kinds of intellectual property and dates back several centuries before any copyright legislation. It is included in international treaties and conventions and national legislation on copyright. Copyright legislation also allows for exceptions to be made to the exclusive rights to allow restricted access to a work without prior authorization of the copyright holder when three specific conditions are all three met: the use must be a special case, not unreasonably prejudice the legitimate interest of the author and not conflict with the normal exploitation of the work. The problem comes if the legislation speaks of a general right of access, which would inevitably conflict with the principle of exclusive rights of the creator to authorise or prevent access to his or her work. “We believe that copyright legislation is best built on the long accepted and well founded principles of exclusive rights of the creator accompanied with carefully crafted exceptions on the basis of criteria established in international instruments” said Olav Stokkmo, the IFRRO CEO, adding that if the amendments are carried forward as they currently read the publishing industry and the creator’s possibility to live off his/her work would be seriously jeopardized.
 
IFRRO invites the government to withdraw several of the proposed amendments and instead facilitate a stakeholder dialogue to enable enhanced legal access to copyright works based on individual and collective licensing.