copyright-protection-limit
10 September 2013Copyright

AIPPI 2013: ExCo rejects 70-year copyright term

(UPDATED BELOW)

The executive committee (ExCo) of the International Association for the Protection of Intellectual Property (AIPPI) has failed to agree on a recommended fixed term for protecting copyright, following discussions.

It rejected a proposed 70-year term after an author’s death, but agreed that a maximum term for copyright protection should be addressed in all treaties on the subject.

The issue of copyright protection was previously addressed at AIPPI ExCo meetings in 1985 and 2012 but, in light of continuing political discussions about copyright protection, it was decided to explore the adequacy of existing terms.

Copyright protection is governed by international treaties including the Berne Convention, amended in 1979, the 1994 TRIPS agreement and the WIPO Copyright Treaty 1996, which have all set minimum terms for protection.

The Berne Convention sets a minimum term of 50 years after an author’s death, also adopted by TRIPS and the WIPO Copyright Treaty.

However, a draft resolution, put forward by an AIPPI working group and considered by the ExCo, conceded that over the years the term of copyright has been “constantly extended” in almost all countries.

It adds that there is “no consensus of what the maximum term should be” and if it should differ between different types of work.

Members said that, in today’s digital and online market, the term for countries belonging to the treaties should be given a maximum protection, rather than a minimum.

The working group, recommending a maximum term of 70 years, claimed “this maximum term should be 70 years counted from the year of death of the author, or the last deceased author in the case of works with several authors”.

However, the proposals were rejected by members of AIPPI’s ExCo, most notably the US and Canada, who instead proposed (and this was later accepted) a resolution agreeing to an unspecified maximum term.

The resolution adds that there is “substantial support” for introducing a maximum term and says the continued extension of copyright has resulted in competition between countries and regions in respect of offering the best protection.

(UPDATE on September 11: After this story was published, a resolution recommending the maximum 70-year-term of copyright protection from the death of the author was accepted during the final executive committee meeting on September 10.

According to the resolution: “The maximum term of copyright should not exceed 70 years pma (post mortem auctoris) of the last deceased author when the term is calculated on the basis of the life of the natural person.”)

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