Thursday, February 9, 2012

Criticism Of Copyright Terms Builds

July 1, 2009

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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Juliana Gruenwald

Tech Writer

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Tech Reporter

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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.