EFF believes that it is vitally important that fair use and exceptions and limitations to copyright be protected in international trade agreements.
But the United States Trade Representative (USTR) is putting Fair Use at risk with restrictive language in the Trans-Pacific Trade Agreement (TPP). The US and Australia are both proposing very restrictive text, and Peru is willing to accommodate the bad language. KEI reports on the leak of the negotiating TPP text on copyright limitations and exceptions.
“Limitations and exceptions are positive enabling doctrines that function to ensure that intellectual property law fulfills its ultimate purpose of promoting essential aspects of the public interest. By limiting the private right, limitations and exceptions enable the public to engage in a wide range of socially beneficial uses of information otherwise covered by intellectual property rights—which in turn contribute directly to new innovation and economic development. Limitations and exceptions are woven into the fabric of intellectual property law not only as specific exceptional doctrines (‘fair use’ or ‘fair dealing,’ ‘specific exemptions,’ etc.), but also as structural restrictions on the scope of rights, such as provisions for compulsory licensing of patents for needed medicines.”—Washington Declaration on Intellectual Property and the Public Interest (2011)
Read More @ EFF.org
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