Copyright Provisions of the TPP Proposals and the Impact on Access

to Knowledge and Education

Dr. Burcu Kilic Public Citizenbkilic@citizen.orgDecember, 2011

What is copyright?

• Copyright is the body of laws which grants authors, artists and other creators protection for their literary and artistic creations, referred to as “works”.

• A work is protected for the whole of the author’s life and 50 years after his death (EU and US life + 70 years)

WIPO Publication No. 484 (E)

Idea vs. Expression Dichotomy

Copyright protects expression not the ideas.

Related rights

• Provides rights similar or identical to those of copyright, although often more limited and of shorter duration

• Beneficiaries are performers ( actors, musicians) in their performances, producers of sound recordings in their recordings, broadcasting organizations in their radio and television programs

What rights do copyright and related rights provide?

• Economic rights: allow the owner of rights to derive financial reward from the use of his works by others, – Right of Reproduction – Rights of Public performance and communication to the

public, broadcasting– Rights of adaptation and translation

• Moral rights: allows the author to take certain actions to maintain the integrity of the work.

Copyright Law

• Establishes balance between the interests of authors and public

• Creates reasonable incentives for creativity • Provides access to knowledge for the

advancement of learning, innovation and research

Leaked US IP Proposals

• Disrupts the traditional balance between right holders and public access

• Increases royalties and radically transforms the information marketplace

• Undermines core educational functions• Restricts access to information and knowledge

that should be in public domain

Leaked US IP Proposals

Extends term of protection

– Life + 70 years for individuals– 95 and 120 years for

corporate works

Leaked US IP Proposals• Prohibits parallel

importation – a legitimate acquired work from another county- of books, music and movies

• Prevents third parties from importing legitimate copies of work from one country to another, without authorization

• Jeopardises World Blind Union Treaty

Technological Protection Measures • Covers measures

– Controlling access to copyright content,

– Preventing users from copying protected content.

• Protects content by a copyprotection technology,

e.g. movies, games, software,CDs or digital music files,protected content stored ina web-page

• Circumvention technologies/devicesremove, disable or circumvent

technologicalprotection measures

Leaked US IP Chapters

Provides anti – circumventionmeasures – Prevents the legitimate uses of

works- harder to legally break digital locks

– Criminal liability for circumvention breaches and criminal penalties

Leaked US IP Proposals

• A blanket ban on circumvention

• Limited exceptions for certain purposes

• Renewable exemptions (3 years), substantial evidence burden

Leaked US IP Proposals

• Protects special commercial interests• Restricts access to knowledge and essential

goods for consumers• Stifle creativity, innovation and development

of new technologies• Burdensome for developing countries

Thank You!!

Any Questions?

Dr. Burcu KilicPublic Citizen - Washington, D.C.

bkilic@citizen.org+1 202 588 1000