U.S. Seeking International Copyright Limits with Trade Agreement Provision
By David Tobia
July 9, 2012
July 9, 2012
The office of the United States Trade Representative (USTR) has held private meetings to discuss and draft an international copyright provision to the Trans-Pacific Partnership (TPP).- USTR spokeswoman Carol Guthrie explains that “the United States is proposing a new provision, consistent with the internationally recognized ‘3-step test,’ that will obligate parties to seek to achieve an appropriate balance in their copyright systems in providing copyright exceptions and limitations for purposes such as criticism, comment, news reporting, teaching, scholarship, and research.”
- “These principles are critical aspects of the U.S. copyright system, and appear in both our law and jurisprudence,” adds Guthrie. “The balance sought by the U.S. TPP proposal recognizes and promotes respect for the important interests of individuals, businesses, and institutions who rely on appropriate exceptions and limitations in the TPP region.”
- While most intellectual property holders have applauded the developments, they eagerly await the release of the treaty. Without the treaty in hand, no one can analyze the precise language, which “makes a big difference in how effective it will be on the ground,” according to intellectual property attorney Jonathan Band.
- Critics, such as the Electronic Frontier Foundation, complain that the propositions are nothing more than “ACTA-plus.” The organization notes that the 3-step-test “imposes rigid constraints on the sorts of ‘fair use’ provisions countries may enact.”
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