C4C has closely followed the release of a global model for flexible copyright exceptions. And for good reason, as we found during the Global Congress on Intellectual Property and the Public Interest on December 16th. Member organizations from C4C attending the summit included CCIA, eIFL, EFF and KEI.

A global model for flexible exceptions would help to recognize the importance of flexible limitations and exceptions as an integral part of copyright law in an era of rapid technological change. The charter states that “to promote and enable new technologies and uses over time, there is an increasing recognition that copyright laws should include, in addition to specific limitations and exceptions, a flexible balancing test that can apply to new uses on a case by case basis.”

One of the recurring themes in the last three decades has been a desire to shift policymaking on limitations and exceptions to intellectual property rights into a position where they are seen and used as an integral part of the policy itself, rather than a suspension of it.

Global Network on Flexible Copyright Limitations and Exceptions members include prominent IP experts from all over the world, including Lionel Bentley, Pranesh Prakash, Hong Xue, Pedro Mizukami, Michael Geist, Bernt Hugenholtz, Fred Von Lohmann, Martin Senftleben, Peter Jaszi, Ellen Broad, Gwen Hinze, Pam Samuelson, Alan Rocha de Souza and others.

Useful Links:

Model Flexible Use Clause, Version 4.0 ( co-ment | PDF)

Introduction to Text ( co-ment | PDF)

Appendix I: Presumptively Lawful Purposes ( co-ment | PDF)

Appendix II: Examples of Flexible Limitations and Exceptions from Existing and Proposed Laws ( co-ment | PDF)

Appendix III: Responding to Frequently Asked Questions About Flexible Use Provisions ( co-ment | PDF)

For in-depth background:

The Washington Declaration on IP and the Public Interest: http://infojustice.org/washington-declaration