[A2k] IMPORTATION PROVISION IN TPP FOR COPYRIGHT

Luis Villarroel info at innovarte.cl
Wed Jun 20 15:19:59 PDT 2012


From: Luis Villarroel <info at innovarte.cl>
Date: 2012/6/16
Subject: IMPLICATION OF IMPORTATION PROVISION OF TPP FOR COPYRIGHT
To: IP-ENFORCEMENT at roster.wcl.american.edu,


Dear TPP concerned community :

According to the leaked US TPP proposal, there is a provision on "
importation right". That provision  does not clarifies if only refers to
physical copies or also includes digital copies. According to the plain
meaning it would include both copies , digital and non digital.

 If that is the case, then in addition to the problem of market
segmentation that is a mirror to  imposing national exhaustion of the
distribution right,  there is an additional and very complex one for the
digital environment.

This problem is very similar to the problem that creates granting copyright
to  transcient incidental copies made in the course of a transmission.  As
you are aware there is a problem of granting  those temporary copies needed
for a transmission, because it implies that in addition to  a license to
make the transmission on line  you need a license for those temporary
copies. So people making the digital transmission like a web caster, would
need to get a license for transmission + a license for temporary copies,
which means you have to get two authorizations and pay twice for the same
activity,

Well in the case of granting a  importation right for digital copies, the
situation goes worst, because if you want to make a international digital
transmission of a work, the webcaster will need a license for transmission
+ a license for temporary copies (if temporary copies are not exempted)
AND  a license for importation - export, if the transmission is being done
on the open internet, and being transmitted also to other countries.

And even  worst if you are a user to download  a file from a server outside
you country you will need to get a importation license. !!!which is
something really odd.

Is very important that this issue is also raised with negotiators, so those
attending  next round of TPP, bring up this really bad, so far unseen
implication which is another good reason to reject the importation right
proposal.

  Luis Villarroel Villalón
Director de Investigación
 Corporación Innovarte
     www.innovarte.cl
     (56 2) 688 69 26




-- 
  Luis Villarroel Villalón
Director de Investigación
 Corporación Innovarte
     www.innovarte.cl
     (56 2) 688 69 26




-- 
  Luis Villarroel Villalón
Director de Investigación
 Corporación Innovarte
     www.innovarte.cl
     (56 2) 688 69 26



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