[Ip-health] The "Extraneous Agendas?" part of the ip-watch story

Jamie Love james.love at keionline.org
Thu May 30 21:49:18 PDT 2013

The part of the IP-Watch story on "Extraneous Agendas?" had to make
the publishers pretty happy, since it makes the NFB sound as if they
have aligned themselves with the MPAA on 3-step test, fair use and
commercial availability.     Jamie



Extraneous Agendas?

As to extraneous agendas, Dodd said in a press conference call that
there are “two overarching notions about copyright.” That is, some
have wanted to use the treaty to further their interest in having no
copyright at all, while others want to “use this vehicle to add extra
protections,” he said. The goal of the treaty should not be to add or
eliminate copyright protection, except to allow a very specific use,
he said.

But Dodd and Maurer emphasised that the details are up to the
negotiators. They should just make sure that in the end, they do not
end up eroding basic international copyright law, Dodd said. Helping
the blind and visually impaired is “the right thing to do,” he said.

When asked, Dodd gave some specifics, saying that the treaty “should
not undermine” technological protection measures used by copyright
holders to block access to works, and also should not include mention
of fair use, which under US law provides exceptions for certain uses
such as libraries and journalists. These issues are “inappropriate and
totally irrelevant,” he said.

He stressed, however, the importance of inclusion of the three-step
test, which creates a hurdle to using exceptions and limitations, as
it is consistent with international norms. This has been a contentious
issue in the WIPO negotiations.

In the conference call, Maurer said the concern about straying from
the purpose is that some people thought countries would try to use the
treaty negotiation for their own purposes, and others wanted to take
the treaty in other directions. The aim in the end is to have a
product that is useable and not unmanageable, he said. He tried to
appease the publishers, who were also on the conference call.

“We’re not trying to take the commercial market away from the
booksellers,” Maurer said. “but it cannot be so fraught with systems
and checks that it is impractical” to use. He mentioned an idea that
WIPO might create a system for identifying when there are books
already out there for sale in a country. But there should not be so
many tests that the exceptions cannot be used, he said.

The International Publishers Association (IPA) issued a press release
[pdf] last month stating its support for the treaty, as long as there
is a provision protecting commercial sellers who make such works

James Love.  Knowledge Ecology International
http://www.keionline.org, +1.202.332.2670, US Mobile: +1.202.361.3040,
Geneva Mobile: +41.76.413.6584, efax: +1.888.245.3140.

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