[Infowarrior] - TPP Text On Fair Use Leaks; US Proposals Are Really About Limiting Fair Use, Not Expanding It

[Richard Forno]

Which, presumably, is the reason why there's so much secrecy over its negotiations, right?  ---rick


TPP Text On Fair Use Leaks; US Proposals Are Really About Limiting Fair Use, Not Expanding It

from the unfortunate dept

About a month ago, we were slightly encouraged by the public statement from the USTR that it was adding language to the TPP agreement that embraced "limitations and exceptions" to copyright law -- even as we believe that it's wrong to call fair use rights "limitations and exceptions" when they're really just enforcing the public's own rights to information. We also found it bizarre and ridiculous that no text was being shared -- and noted that the USTR would garner a lot more trust if it was actually transparent and opened up the language in question for public discussion. Others expressed some specific worries about even the nature of the statement. 

That said, it was a big deal that the USTR would even acknowledge such things as fair use in a document like this, because historically it had never done so. It appeared to be a "step" in the right direction, but a relatively small one. 

Late on Friday, however, the text of the current negotiations on that particular section leaked to KEI who posted it to their site, and while (again) at least this is on the table for discussion, there are reasons to be greatly concerned. As many public interest groups had wondered, it appears that the text focuses on expanding the "three step" test for these expansions of user rights. The three step test for user rights, as is written into the Berne Convention agreement is much more limited than most of what we conceive of as fair use (it's also a relatively recent addition to the Berne agreement, being added in 1971)......

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http://www.techdirt.com/articles/20120804/00173819933/tpp-text-fair-use-leaks-us-proposals-are-really-about-limiting-fair-use-not-expanding-it.shtml

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Just because i'm near the punchbowl doesn't mean I'm also drinking from it.