While you were away...

My blog has been quiet while I've been traveling, but things have been busy in the world of scholarly communication and copyright! Let me try to catch up on the happenings of the past month.

New Copyright Tool
Carrie Russell at the ALA Office of Information Technology Policy and Michael Brewer at the University of Arizona library developed a handy slide rule for copyright compliance. It is available in print and digital form from ALA.

Balanced Interpretation of the Three-Step Test
The Max Planck Institute released a Declaration offering a balanced interpretation of the Three Step Test in international copyright law. The Three Step Test is a provision found in international treaties, especially the Berne Convention and TRIPs. It provides for exceptions to copyright law as long as those exceptions are confined to "certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder." The experts who drafted this Declaration, advised on its content, and signed it, comprise a group of highly experienced and authoritative commentators on international copyright law.

One objective of the Declaration is to offer an alternative to some of the more narrow interpretations of the test that limit the extent to which governments can protect users' rights and interests when drafting copyright law. The Declaration maintains that the test is not a series of hurdles that users must overcome; instead the steps should be considered together as a comprehensive overall assessment. The test allows exceptions based on the balance of competing considerations, including basic human rights and fundamental freedoms, competition, scientific progress, and cultural, social, and economic development.

Anti-Counterfeiting Trade Agreement (ACTA)
Those interested in intellectual property rights are following ACTA negotiations whenever information from the closed-door meetings becomes available. The concern is that the enforcement measures will further reduce fair-use rights to use copyrighted works in digital format. Although few details have surfaced from the negotiations, this concern is founded on a "Discussion Paper on a Possible Anti-Counterfeiting Trade Agreement" written in October 2007 and leaked in May 2008.