NAFTA copyright extension plans come under fire
The Office of the US Trade Representative (USTR) announced yesterday that it has agreed a modernised IP chapter with Mexico as part of updates to the North American Free Trade Agreement (NAFTA).
According to a press release, the updated chapter will provide “strong and effective protection and enforcement of IP rights critical to driving innovation”. As part of the proposed agreement, the minimum copyright term will be extended to ‘life plus 75 years’ for creative works such as songs.
Copyright protection currently extends to the life of the author plus an additional 70 years.
NAFTA, a trade agreement between the US, Mexico and Canada, is currently being renegotiated.
However, the proposal to extend the copyright protection term has come under fire from freedom of expression group Public Knowledge.
Gus Rossi, global policy director at the organisation, called the proposed extension a “staggeringly brazen attempt by the entertainment industries to launder unpopular policies through international agreements”.
According to Rossi, this extension violates US Congress’s instructions to the USTR to negotiate IP provisions consistent with existing law.
“Americans deserve a trade agreement that fosters innovation, creation, and the free flow of knowledge by recognising necessary exceptions and limitations to copyright,” he said.
“Copyright terms are already absurdly long. Extending them even further is totally unnecessary, and will only shrink the public domain while making problems like orphan works even worse.”
Rossi explained that this would be a “gift” to the big entertainment companies and added that the proposal is “impossible to justify” under the constitutional purpose of copyright.
In other sections of the agreement, enforcement authorities will be required to stop suspected counterfeit goods at all areas of entry and exit between Mexico and the US for the first time. It will also enforce criminal procedures and penalties for recording films on camcorders.
In addition, the trade agreement proposes to provide broad protection against trade secrets theft.
While the US and Mexico have agreed these changes, Canada has yet to agree to the terms of the updated deal, but it will hold discussions today, August 28.
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