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Wednesday, July 1, 2009

Criticism Of Copyright Terms Builds

A trade advisory body to the European Union and the U.S. government on Wednesday approved a resolution calling on policymakers worldwide to consider measures to moderate what its member argue are harmfully long terms of copyright and related rights. The TransAtlantic Consumer Dialogue's declaration opposes protections that exceed the period required by a 1994 World Trade Organization agreement. That WTO's treaty says performers have the right to prevent unauthorized recording, reproduction and broadcast of live performances for no less than 50 years and producers of sound recordings have the same window to prevent unauthorized reproduction.

In cases where the WTO's guidance is not followed, TACD asks governments to introduce measures, such as limitations and exceptions to rights, or registration requirements. The 80-member group first discussed the resolution with representatives from the EU and United States in June during TACD's annual meeting in Brussels. "For too long, legislatures have accepted uncritically the assertions of industry that longer copyright terms necessarily lead to more creation. However, as terms reach multigenerational lengths, mounting evidence has shown that long terms can chill discussion, debate, analysis and revisiting of existing works," Public Knowledge's Sherwin Siy said in a press release.

Extending what amounts to a temporary monopoly without sound economic justification, does not facilitate the search for new business models, nor address the need for the increased provision of legal content, argued Kostas Rossoglou of the European Consumers' Organisation in Brussels. "Copyright should aim to keep a balance between rights holders and society as a whole." TACD's Anne-Catherine Lorrain noted that if policymakers decide longer terms of copyright protection are needed, "they still have the option to counter-balance the harmful effects of such policies, by adopting several measures to improve public access to knowledge goods."

Read the TACD resolution here.

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