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[_at_]cptech.org, by telephone 202.387.8030, by fax at 202.234.5176. CPT web page is http://www.cptech.org/Received on Tue Apr 27 1999 - 23:20:30 GMT
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