Copyright Provisions of the TPP proposals and the Impact on Access to Knowledge and Education
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Copyright Provisions of the TPP proposals and the Impact on Access to Knowledge and Education
- 1. Copyright Provisions of the TPP Proposals and the Impact on Access to Knowledge and Education Dr. Burcu Kilic Public Citizen bkilic@citizen.org December, 2011
- 2. What is copyright? • Copyright is the body of laws which grants authors, artists and other creators protection for their literary and artistic creations, referred to as “works”. • A work is protected for the whole of the author’s life and 50 years after his death (EU and US life + 70 years)
- 3. WIPO Publication No. 484 (E)
- 4. Idea vs. Expression Dichotomy Copyright protects expression not the ideas.
- 5. Related rights • Provides rights similar or identical to those of copyright, although often more limited and of shorter duration • Beneficiaries are performers ( actors, musicians) in their performances, producers of sound recordings in their recordings, broadcasting organizations in their radio and television programs
- 6. What rights do copyright and related rights provide? • Economic rights: allow the owner of rights to derive financial reward from the use of his works by others, – Right of Reproduction – Rights of Public performance and communication to the public, broadcasting – Rights of adaptation and translation • Moral rights: allows the author to take certain actions to maintain the integrity of the work.
- 7. Copyright Law • Establishes balance between the interests of authors and public • Creates reasonable incentives for creativity • Provides access to knowledge for the advancement of learning, innovation and research
- 8. Leaked US IP Proposals • Disrupts the traditional balance between right holders and public access • Increases royalties and radically transforms the information marketplace • Undermines core educational functions • Restricts access to information and knowledge that should be in public domain
- 9. Leaked US IP Proposals Extends term of protection – Life + 70 years for individuals – 95 and 120 years for corporate works
- 10. Leaked US IP Proposals • Prohibits parallel importation – a legitimate acquired work from another county- of books, music and movies • Prevents third parties from importing legitimate copies of work from one country to another, without authorization • Jeopardises World Blind Union Treaty
- 11. Technological Protection Measures • Covers measures – Controlling access to copyright content, – Preventing users from copying protected content. • Protects content by a copy protection technology, e.g. movies, games, software, CDs or digital music files, protected content stored in a web-page • Circumvention technologies/devices remove, disable or circumvent technological protection measures
- 12. Leaked US IP Chapters Provides anti – circumvention measures – Prevents the legitimate uses of works- harder to legally break digital locks – Criminal liability for circumvention breaches and criminal penalties
- 13. Leaked US IP Proposals • A blanket ban on circumvention • Limited exceptions for certain purposes • Renewable exemptions (3 years), substantial evidence burden
- 14. Leaked US IP Proposals • Protects special commercial interests • Restricts access to knowledge and essential goods for consumers • Stifle creativity, innovation and development of new technologies • Burdensome for developing countries
- 15. Thank You!! Any Questions? Dr. Burcu Kilic Public Citizen - Washington, D.C. bkilic@citizen.org +1 202 588 1000
Notas del editor
- Provides exclusive right to control importation of works.
- e.g. where you have to pay money or enter a password to access the content
- Criminal penalties apply to anyone other than a non-profit library, archive, educational institution or public non-commercial broadcasting entity, who engages in circumvention ‘for purposes of commercial advantage or private financial gain’. Circumvention gives rise to liability independent from any infringement of copyright. Resale, lending and donation of information goods prevented Restrains trade and creates monopolies Libraries provide access to digital material through license agreements, exceptions under national copyright law, the public domain Distance education- raising the costs of providing instructional materials, by placing barriers to storing, transmitting, using distance education materials
- - TPM on Apple’s music delivery platform iTunes has prevented users from playing music downloaded from iTunes on devices not supported by Apple’s proprietary software. -There is an exception which would allow blind groups to allow an exemption to be applied to them (through an administrative or other procedure), but they would have to have that exemption renewed every three years. The TPPA imposes a "substantial evidence" burden on the applicant (actual or likely adverse impact on [other] noninfringing uses is demonstrated in a legislative or administrative proceeding by substantial evidence) - Under U.S. copyright law, there are specific exceptions that exempt from infringement the reproduction or distribution of accessible format works for those who are blind or otherwise disabled. It is therefore non-infringing to reproduce a work into an accessible work format. Due to our digital age, many persons who are blind utilize new technologies, such as the “text-to-speech” feature on Kindle, which may employ TPMs. Although it is non-infringing to provide and distribute accessible format works to persons who are blind, anyone who manufactures or distributes a device to overcome this TPM could be held liable under a separate cause of action under the TPPA.