Open Access News

News from the open access movement


Thursday, August 17, 2006

Brazilian students fight for right of fair-use copying

Copying Book is a Right! An anonymous blog posting on A2KBrasil, July 21, 2006. Excerpt:

The Movement to Copy Literature started to expand following the annual National Assembly of Base Entities in Campinas, São Paulo on April 11, during which 13,000 students from all over Brazil met as part of the National Students’ Union (UNE, in Portuguese).

As its principal objective, the Movement hopes to gain for students the right to photocopy portions of books for academic purposes.

The Movement "Copiar Livro é Direito!", its original name in Brazilian Portuguese, arose in response to actions taken by the Brazilian Association of Reprography Rights (ABDR, in Brazilian Portuguese), which represents several Brazilian editors - but not all. The ABDR has prosecuted universities and academic directories throughout five different states...for making photocopies of copyrighted materials. Until the present, 18 institutions have been sued.

Brazil’s Copyright Law, n. 9.610/98, states that the one-time reproduction of small portions of texts for the copier’s private use without the intention of making a profit “does not constitute an offense to copyrights”. This statement is accompanied by five complementary restrictions: 1. one can copy at the most just one piece; 2. copies must be of small portions of the text (the law does not specify the size); 3. copies must be for private use of the copier; 4. the individual interested in reproducing the material must be the one responsible for making the copy, and 5. under no circumstances is profit from the photocopy permitted....

According to Putterman, “what’s absurd about the Law is that it prohibits authors from making use of their own books in the classroom, for example.” He goes on to explain that the Copiar Livro é Direito Movement estimates how much each student would have to spend on books, if they were required to purchase the entire bibliography for a semester course: “a first-semester B.A. candidate at the Fundação Getúlio Vargas would have to spend 2,000 Reais (approximately US$ 900)!”

The Movement continues to expand. Today it has support from the following Student’s Unions:  Centro Acadêmico Direito GV (FGV-SP) Centro Acadêmico Nove de Setembro (São Judas/Administração) Centro Acadêmico XI de Agosto (USP/Direito) Centro Acadêmico 22 de Agosto (PUC/Direito) Centro Acadêmico Visconde de Cairu (USP/FEA) Diretório Acadêmico de Administração FGV - Rio Diretório Acadêmico Eugênio Gudin (Mackenzie) Diretório Acadêmico Getulio Vargas (FGV-SP/EAESP e EESP) Diretório Acadêmico Ibmec - RJ Discentes Representatives of the Universidade da São Paulo

The Copiar Livro é Direito! has the support of the Center for Technology and Society at Fundação Getúlio Vargas’ School of Law in Rio de Janeiro along with Free Culture, an international student organization that defends the flexibility of laws pertaining to intellectual property and access to knowledge. The Copiar Livro é Direito! Movement intends to launch a booklet and website to support the initiative.