[x-pubpol] USTR Introduces New Copyright Exceptions and Limitations Provision at San Diego TPP Talks

[Joly MacFie]

http://www.ustr.gov/about-us/press-office/blog/2012/july/ustr-introduces-new
-copyright-exceptions-limitations-provision

USTR Introduces New Copyright Exceptions and Limitations Provision at San
Diego TPP Talks
07/03/2012 - 12:17pm

The copyright system is an engine of free expression and a major building
block in the world economy. It plays a critical role in promoting and
disseminating American works of authorship, and the balance of rights and
exceptions and limitations achieved in U.S. law provides diverse benefits
for large and small businesses, consumers, authors, artists, and workers in
the information, entertainment, and technology sectors.

A robust copyright framework ensures that authors and creators are
respected, investments (both intellectual and financial) are promoted, that
limitations and exceptions provide an appropriate balance, and that
enforcement measures are effective.

An important part of the copyright ecosystem is the limitations or
exceptions placed on the exercise of exclusive rights in certain
circumstances. In the United States, for example, consumers and businesses
rely on a range of exceptions and limitations, such as fair use, in their
businesses and daily lives. Further, under the U.S. Digital Millennium
Copyright Act (DMCA), the United States provides safe harbors limiting
copyright liability, which help to ensure that legitimate providers of cloud
computing, user-generated content sites, and a host of other
Internet-related services who act responsibly can thrive online.

TPP -- Copyright Exceptions and Limitations

For the first time in any U.S. trade agreement, 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.
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.

The United States is proposing this at the current round of TPP talks in San
Diego.  The proposal has benefited from the input of a wide range of
stakeholders, and we look forward to discussing it further and sharing more
information as the TPP negotiations progress.

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Joly MacFie  218 565 9365 Skype:punkcast
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 VP (Admin) - ISOC-NY - http://isoc-ny.org
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