IP Watchlist /watchlist Table of Contents Introduction ..........................................1 This year's results ..................................2 Highlights ..............................................2 How the survey has been refined............4 Best Practices..........................................5 Fair use ................................................5 Innovative business models ..................5 Orphan works ......................................6 Concerns................................................7 Private copying ....................................7 Graduated response ............................8 Digital rights management ..................8 Looking forward ....................................9 Endnotes ..............................................11 Children at First Lubuto Library Children Contributors ........................................12 Introduction In most countries, the rules that regulate access to our accessible formats such as Braille, which were legally society's culture and learning place big business first and produced in another country. There are libraries whose consumers second. That is the overall finding of this second collections of rare audiovisual materials are crumbling, and Consumers International IP Watchlist, which endeavours to who lack the means to legally preserve them for future rate countries on how well they uphold their citizens' rights generations. There are families in Europe who have been cut of access to knowledge – or A2K, for short. It's complicated off from the Internet – often their communications lifeline to to assess the state of a country's support for A2K; in this relatives and friends – because of unproven allegations of survey we use a composite measure of 60 criteria, developed copyright infringement. And there are thousands of hours of and weighted by experts from around the world. But in films and music, along with millions of pages of books, simple terms, we are interested in how balanced the country's copyright law is, whether it is enforced in ways which will never be seen, heard or read again because their that impact consumers' interests, and whether the country copyright owner cannot be found and the law does not fosters the exchange of knowledge in forms that are not allow their works to be reproduced without permission. encumbered by exclusive rights. CI does not disagree that the copyright laws in force in a Using these measures, Consumers International (CI) is unable given country should be enforced, and that the rights of to report any overall improvement in the global state of authors should be respected and upheld. We would simply access to knowledge for consumers in 2010. Rather, we see like to see more balance into the equation. For every consumers' interests still being sidelined as lawmakers rush country's legislation that is amended to prevent consumers to meet the never-ending demands of lobbyists for the from bypassing copyright locks, we would like to see another entertainment and media conglomerates, who shape country adopting a new ‘fair use’ exception into its copyright domestic and international laws with their hyperbolic talk of law. For every new law enforcement initiative to seek out piracy, theft and organised crime. Whilst CI does not doubt and destroy pirated CDs or DVDs, we would like to see an that copyright infringement is a real problem, causing loss of educational initiative promoting the benefits of open access income within the publishing and entertainment industries, learning materials and open source software. And for every there are many other problems with the distribution of country in which Internet Service Providers (ISPs) collaborate knowledge that affect consumers much more acutely. with rights holders in tracking infringements, we would like To pick a handful of real life examples, there are millions of to see new measures to enshrine the rights of consumers to blind consumers who are unable to lawfully access books in access information over the Internet. IP Watchlist 2010 — 2 — /watchlist At first glance, there seems to be nothing connecting these This year's results countries... but let's pick out some patterns. Most of the best rated countries (but none of the worst rated countries) have Highlights copyright exceptions that are broad and general... in other words, they allow consumers to copy material for a range of For 2010, we have obtained reports on the state of access to purposes, rather than just for narrow ones like private study knowledge in 34 countries around the world – almost twice or news reporting. In the United States and Israel, this as many as last year. The results are consistent with those of exception is called ‘fair use’ – which will be discussed in our inaugural survey, but with more countries included, the much more detail. In Lebanon and Sweden it's called ‘private results are even more interesting. First, let's look at the top copying’ – as this implies, it only applies to individuals for ten countries – those whose laws and enforcement practices their own use, but it isn't limited to education; it extends to offer the best support for consumers' access to knowledge – the use of material for leisure purposes. In both cases, it and the bottom ten, who perhaps seem to be have forgotten gives consumers in these countries a lot more flexibility to about consumers altogether. utilise cultural and educational materials than those in the worst-rated countries enjoy. Best rated countries Worst rated countries What about income, is that a pattern? Not at all – and that's 1. India 1. Chile interesting in itself. Both the richest country in our survey (the United States) and the poorest country (Bangladesh) are 2. Lebanon 2. Jordan in the top 10. Another of the richest (the United Kingdom) is 3. Israel 3. United Kingdom next to the second poorest (Kenya) in the bottom 10.1 This means that a country's level of development does not have 4. United States 4. Kenya much impact on the shape of its copyright law. However, 5. Indonesia 5. Thailand research suggests that it should. It has been found that stronger copyright and patent laws are not, as often claimed, 6. South Africa 6. Argentina conducive to the growth of developing countries.2 For this 7. Bangladesh 7. Brazil reason, it would be better for the strictest laws to be reserved for the countries that have the most to gain from a 8. Morocco 8. Zambia bulletproof copyright regime – but too often, that is not the case. Much of Zambia's law, for example, is taken up with 9. Sweden 9. Egypt provisions about copyright collecting societies – whereas it 10. Pakistan 10. Japan has only one section detailing copyright exceptions. Are these the appropriate priorities for a poor African nation? IP Watchlist 2010 — 3 — /watchlist More patterns can be found when you look at the categories of Watchlist criteria in which countries scored best and worst. In the table below, A represents a good score, that shows that consumers' interests are being observed in this area. B, C and D are progressively not so good... and F is a fail. Freedom to access and use Freedom Admin Scope and By By In to share and duration home For By content By the By disabled public and enforce- of copyright users education Online creators press libraries users affairs transfer ment Overall Argentina C F F C D B F C C B C C- Australia D C B C B C B C D D C B- Bangladesh B C A C C C B F C D C B- Brazil F F F D B B F A B C D C- Cameroon B D C A B D F C B D D C Canada C D B B D A B A D F C C Chile F F F C D D F F F C C D China (PRC) B C A C C B C C A F D B- Egypt D C B B D B C F B F F C Fiji C D D B C B C F C F C C India B B B A A A B C C D A B Indonesia D B A A D A B A B D D B Israel D D C A B A B C B C B B Japan F C B C F B D A D C D C Jordan C D C D F B D F B F F C- Kenya A D D C D D D F B F F C- Lebanon C C C B B A B C A F B B Malaysia C C A D C B C C C C C B- Mexico D C B A C B B F C D D C Morocco C D B A C A A F C F C B- New Zealand D C C B C B B A B D C B- Nigeria B C C C D B C C D D B B- Pakistan A D A F F A B F B F B B- Philippines D C D B D A B F B F D C South Africa B D B B D A D F B B C B- South Korea D D A C C B B C C D D C Spain D B D A C B D C B D C B- Sweden C A F A B A D A B D C B- Thailand D B B F C B C F D F F C- Ukraine D B D A C D B C B F D C UK C F F B C D B A F D F C- USA B B C A B C A A B C D B Vietnam B F B C D A D C A F D C Zambia C B D C D C D F B D D C IP Watchlist 2010 — 4 — /watchlist Whilst it might not be immediately obvious due to the education or library use, or by specific groups of individuals volume of data in the table, the category in which most such as users with disabilities.