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7 October 2015Copyright

TPP to include ‘life plus 70-year’ copyright term

The Trans-Pacific Partnership (TPP) will require all countries signed up to the agreement to adopt a ‘life plus 70-year’ term of copyright protection, the New Zealand government has said.

The controversial trade deal, the wording of which was agreed on Monday, October 5, will require New Zealand and six other countries that are party to the agreement to switch to the 70-year model if they ratify the deal.

The other countries participating in the agreement are Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, Peru, Singapore, US, and Vietnam.

New Zealand currently has a life plus 50-year period of protection, as do Brunei, Canada, Japan, Malaysia and Vietnam. The term of protection in Mexico ranges from 50 to 100 years after life.

All the other countries currently have the life plus 70-year term.

In a statement about the TPP released on Tuesday, the New Zealand government said that “the TPP requires New Zealand to move to 70 years” but that it would be allowed a transition period to make the switch.

“This change could benefit New Zealand artists in some cases, but the benefits are likely to be modest,” the government said.

“Extending the copyright period also means New Zealand consumers and businesses will forego savings they otherwise would have made from books, music and films coming off copyright earlier,” it added.

The TPP has proved controversial as the negotiations have largely taken place in private.

Exceptions and limitations to copyright law are also reportedly included in the agreement, though it is not known what those will be.

A framework establishing a safe harbour status for internet service providers will also be required and signatories must introduce criminal sanctions for the theft of trade secrets.

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