Further Background Information on International Copyright and Documentary Film

Academic Papers and Other Reports:

Colletion of PIJIP Reports on Fair Use and Public Media.

Jeremy de Beer, Legal Strategies to Profit from Peer Production [2008] 46 CAN. BUS. L.J. 269. 

Peter Jaszi, Public Interest in Copyright: A Comparative and International Perspective 

Michael Handler and David Rolph, A Real Pea Souper: The Panel Case and the Development of the Fair Dealing Defences to Copyright Infringement in Australia, 27 Melb. U. L. Rev. 381 (2003). 

Paul Kuruk, Protecting Folklore under Modern Intellectual Property Regimes: A Reappraisal of the Tensions Between Individual and Communal Rights in Africa and the United States, 48 Am. U. L. Rev. 769 (1999). 

Howard Knopf, The Copyright Clearance Culture and Canadian Documentaries (2006)

Giuseppina D'Agostino, Healing Fair Dealing? A Comparative Copyright Analysis of Canadian Fair Dealing to UK Fair Dealing and US Fair Use, September 13, 2007. 

WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment

Robert Bond and Vinod Bange, "New Data Protection Laws for India." BNA International. May 2009.

Gowers Review of Intellectual Property (November 2006)

UK Treasury's Gower Report on Intellectual Property 

American University Center for Social Media, Documentary Filmmakers' Statement of Best Practices in Fair Use (November 18, 2005)

Shuttleworthfoundation.org, Open Review of the South African Copyright Act 

Resolution on Freedom of Expression and Information in Documentaries, European Documentary Filmmakers (January 2008).

Industry Canada, Supporting Culture and Innovation:Report on the Provisions and Operation of the Copyright Act, (2002).

Australian Government Attorney General's Department, Fair Use and Other Copyright Exceptions: An Examination of Fair Use, Fair Dealing and Other Exceptions in the Digital Age, May 2005. 

Film Australia & Holding Redlich,  Introduction to Copyright and Related Issues for Documentary Filmmakers (2008). 

Eve Grey and Monica Seeber, PICC Report on Intellectual Property Rights in the Print Industries Sector 72 (2004).

International Laws and Agreements on Copyright:

South Africa - Copyright Act of 1978 (as amended 2002)

Canadian Copyright Act C-42

Canadian Copyright proposed Amendments C-61

Australian Copyright Act of 1968 (including 2008 proposed amendments)

Indian Copyright Act, 1957 (as amended 1999)

Copyright Act, Laws of the Federation of Nigeria 

EC - Directive 2006-15-EC of the European Parliament, Rental and Lending Rights

EC - Directive 2001-29-EC of the European Parliament, Harmonization of Copyright and Related Rights

An Act to Amend the Canadian Copyright Act, 2008 

Filmmaker Organizations and Projects:

Documentary Filmmakers' Association

The African Copyright and Access to Knowledge Project

Documentary Organization of Canada 

Film Victoria, Australian State Government Agency

Cases:

Eldred v. Ashcroft, 537 U.S. 186 (2003) 

CCH Canadian, Ltd. v. Law Society of Upper Canada, 2004 SCC 13

Corp. Sun Media v. Syndicat canadien de la fonction publique, 2007 QCCS 2943

Documentary Filmmakers Speak

Documentary filmmakers comment on the challenges they face in accessing copyrighted materials:

Doc Makers Say Unique Voices Being Silenced by Rights Battles, CBC News, April 2008

European Filmmakers Resolution on Freedom of Expression and Information in Documentaries

Censorship by Copyright - Report of the DOC Copyright Survey, Canada

Filmmaker Shares Some "Wheeling & Dealing" Advice. Daniela Faris, iCommons.org

Other Developments:

In July 2008, ministers of arts annd culture in 17 African nations officially formed Seaconet, the Southern and Eastern African Copyright network, to harmonize copyright laws through the region. For more information, see the article on IP watch.

In July 2008, a group of copyright experts from around the world signed a declaration calling for more balanced interpretations of copyright law's "Three-Step Test," encouraging courts to consider benefits to the public's interest along with the interests of the copyright holder. Declaration - A Balanced Interpretation of the Three-Step Test in Copyright Law

The Copyright Office of India is considering proposed amendments to the Copyright Act and is accepting comments from interested members of the public. The proposed amendments, alongside the existing language of the Copyright Act, may be viewed here. Information on how to provide feedback can be found here.

Canada's new Industry Minister, Tony Clement, will likely reintroduce Bill C-61, which aims to amend Canada's copyright act, according to an October 2008 CBC article.