Measuring Fair Use’s Market Effect — An intriguing forthcoming paper from a pair of researchers that “find[s] evidence that negative perceptions about an earlier work are created when sampled in a new work that itself is a failure.” This result, say the authors, has implications for fair use determinations, since it “points to a negative spillover effect that may harm perceptions of the underlying copyrighted work.”
Podcast: Copyright & Culture with Terrica Carrington — Illusion of More’s David Newhoff talks with Copyright Alliance’s Terrica Carrington about her work in public policy and artist advocacy, touching upon topics like #blacktiktokstrike and engaging young creators in copyright.
USTR Suspends Review of Ukraine, Remains Concerned with China in Latest Special 301 Report — IPWatchdog reports on the release this week of the US Trade Representative’s annual Special 301 Report, which examines the “adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property (IP) rights”—including patent, trademark, copyright, and trade secret. Among the highlights not included in the headline, the Report raises concerns over the EU’s promotion of Geographical Indicators (GIs), which are source indicators for items from a certain geographical area possessing certain characteristics or reputation, like feta cheese, champagne, and Kalamata olives.
Article 17 of the DSM Directive is valid: an early take on today’s Grand Chamber ruling — Eleonora Rosati analyzes this week’s long awaited ruling involving a challenge to internet platform obligations in the EU’s Digital Single Market copyright directive brought by Poland. The topline outcome of the CJEU ruling is that Article 17’s obligations are “compatible with freedom of expression/information.”
Making the Case: The Economic Rationale for Intellectual Property Rights — The US Chamber this week released a statistical annex to its International IP Index, which “examines 29 different correlations to illustrate the economic benefits of improving IP protection.” Among the findings: “economies with effective IP systems have . . . 2X the access to new music through legitimate platforms . . . [and] 46% more likely to attract venture capital and private equity.”