[A2k] ARTICLE/S mention of fair practices, dealings or uses

Asma Rehan asmarhn at googlemail.com
Thu Jun 6 04:04:38 PDT 2013


It has been reported that John Kerry's US Department of State has sent a
demarche to countries asking that they remove the reference to "fair
practices, dealings or uses" in Article S, which is the article where the
copyright 3-step is mentioned four times.  This week a large number of US
disabilities groups have filed briefs in the Hathitrust fair use court
case.

Have any of the US disabilities groups that filed briefs in the Hathitrust
fair use case formally or publicly objected to the Obama Administration
efforts to remove mention of fair use from the treaty? With the MPAA and
the Intellectual PropertyOwners Organization (IPO) lobbying the Obama
Administration to eliminate the fair use language, which groups are
defending the fair use language?

*ARTICLE/S( footnote 18) reads as follows:*

"Contracting parties may fulfill their rights and obligations under this
Treaty through, exceptions or limitations, specifically for the benefit of
beneficiary persons,other exceptions or limitations,or a combination
thereof within their national legal traditions/systems.These may include
judicial,administrative or regulatory determinations for the benefit of
beneficiary persons as to fair practices,dealings or uses to meet their
needs."

fn 18.  Ad referendum:  these elements of the treaty are the result of the
SCCR session that met from February 18 to 22,2013.This language was
tentatively agreed by the delegations attending that session and remains ad
referendum.



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