WTO disputes over copyright exceptions

[James Love <love@cptech.org>]

According to BNA, the EU is asking the WTO to determine
if US copyright exceptions for playing of radio and
television music in bars, shops and restaurants
violate WTO/TRIPS rules regarding intellectual property.
BNA says this will happen on April 28. 

At issue are articles 9 and 13 of the TRIPS agreement.
I'm not aware of any previous WTO cases involving
copyright exceptions (I'll have to check on this).
Here is the TRIPS language on copyright exceptions.

  
          Article 13
     Limitations and Exceptions

    Members shall confine limitations or exceptions 
    to exclusive rights to certain special cases 
    which do not conflict with a normal exploitation 
    of the work and do not unreasonably prejudice the 
    legitimate interests of the right holder. 


Coincidentally, on April 24, the Trans Atlantic Consumer
Dialogue asked the EU and the US government to 
review article 13 of the TRIPS to determine if the
exceptions clause for copyrights is too restrictive.

http://www.tacd.org/meeting1/electronic.html#intellectual


-- 
James Love, Director, Consumer Project on Technology
I can be reached at love@cptech.org, by telephone 202.387.8030,
by fax at 202.234.5176. CPT web page is http://www.cptech.org