Re: WTO disputes over copyright exceptions

On Tue, 27 Apr 1999, James Love <love[_at_]cptech.org> wrote:
>
> 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

Jamie,

The only other case that I believe has raised an article 13 issue was the US' challenge to a variety of alleged TRIPs deficiencies in Ireland's copyright statute, including an allegation of unduly broad exceptions and limitations in violation of article 13. The dispute was settled in February 1998 when the US and Ireland entered into an "understanding" in which Ireland agreed to implement new copyright legislation. For a brief discussion of the issue in the EU's Fairness in Music Licensing Act challenge, see my brief article in the forthcoming April 1999 Entertainment Law Reporter, which should be in print early next week.

Larry Helfer

--
Laurence R. Helfer
Associate Professor of Law
Loyola Law School
919 S. Albany Street
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E-mail:  Larry.Helfer[_at_]lls.edu