[A2k] KEI letter to Register of Copyrights, USPTO and OSTP on copyright issues in TPP | Knowledge Ecology International

Jamie Love james.love at keionline.org
Wed Jul 22 12:02:57 PDT 2015


KEI letter to Register of Copyrights, USPTO and OSTP on copyright issues in

​On the topic of the TPP and copyright, KEI has sent a letter to Letter to
Maria Pallante, the Register of Copyrights, Shira Perlmutter, Chief Policy
Officer and Director for International Affairs for USPTO, and Nancy Weiss,
Senior Advisor to the Chief Technology Officer, Office of Science and
Technology Policy (OSTP), Executive Office of the President.

KEI asked these agencies to address certain issues in the TPP intellectual
property chapter that relate to access to copyright issues, with a focus on
orphan works, and uses by governments.

Attached is a PDF version of the letter, which includes 3 attachments.
(Copy here).

First, we discuss briefly the widely stated objections to the placement of
long copyright terms in a trade agreement.

Next, the letter focuses on the provisions in the TPP on remedies including
damages and costs, and show how these provisions are directly at odds with
the recommendations of the copyright office for limitations on the damages
and other remedies with regard to the infringement of orphan works.

Third, we discuss how the TPP provisions are contrary to U.S. law on access
to works under 28 USC § 1498(b) and 28 USC § 1498(e), when the works are
"infringed by the United States, by a corporation owned or controlled by
the United States, or by a contractor, subcontractor, or any person, firm,
or corporation acting for the Government and with the authorization or
consent of the Government."

Finally, we note that the TPP provisions expose the United States to costly
right holder arbitration, when state governments, state universities and
other state agencies infringe copyrights (or other intellectual property
rights), contrary to US law after the 1999 Florida prepaid decisions by the
US Supreme Court.​

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