Notes from Monday's PIJIP Event on "Copyright From an International Perspective"
Matilda Bilstein
September 24, 2009
At PIJIP’s event, “Copyright from an International Perspective,” WCL Professors Michael Carroll and Peter Jaszi were joined by Michele Woods, Senior Counsel for Policy and International Affairs at the Office of Policy and International Affairs at US Copyright Office.
Click here to view the webcast.
Professor
Jaszi began the panel with a quick introduction to copyright law and
the international copyright system. He discussed copyright law’s early
beginning in eighteenth century England and its gradual spread
throughout the world, culminating in the TRIPS Agreement. The adoption
of TRIPS demonstrated the interest of copyright holders in subsuming
intellectual property rights within the larger framework of
international trade norms.
According to Jaszi, international
copyright treaties address three main issues: international recognition
of rights across borders based on national treatment; minimum standards
for copyright protection; and the limitations to copyrights. When it
comes to copyright limitations, countries that are net exporters of
copyrighted goods negotiate with the goal of raising copyright
protection standards up to those found in their own laws. However,
these countries (such as the US and Great Britain) do not emphasize the
limitations on rights found in their own laws, such as fair use and
fair dealing provisions. These limitations are important because the
next generation of creators and culture-makers need reasonable levels
of information access.
However, this may be changing. The
World Intellectual Property Organization (WIPO), which functions as a
UN Secretariat for international intellectual property treaties like
the Berne Convention, is required to allow input from all
stakeholders. This includes input from developing countries and the
NGO-based access to knowledge movement which urges WIPO to think about
the need for international norms for limitations and exceptions to
copyrights.
Furthermore, WIPO’s Agenda Setting body, the
Standing Committee on Copyright and Related Rights, is opening
discussions on new norms for specific limitations to copyright in areas
like educational use, transformative use, and use by specialized
communities. The first issue on its agenda is limitations and
exceptions to copyright for the purpose of enhancing access to
copyrighted work for the hundreds of millions of people who are blind,
have had strokes, or have learning disabilities.
Next, Ms.
Woods discussed the role of the US Copyright Office in the
international copyright system. Its Office of Policy and International
Affairs works with Congress and agencies in the executive branch, such
as the Departments of State and Commerce, and the US Trade
Representative. The Office’s international work is divided up into
different areas: (1) bilateral relationships with other countries
regarding copyright issues; (2) representation of the US in
international organizations; (3) domestic policy issues that intersect
with international ones; (4) international treaties like WIPO and the
Berne Convention, especially as they relate to audiovisual works and
new technologies; and (5) involvement in international trade issues –
including advice on enforcement issues that come up under various
treaty obligations. The Office is working on a number of issues
regarding the blind and visually impaired and the US national
experience. It is also working to enhance copyright protection for
audiovisual works and broadcast signals. Additionally, the Office is
involved in policy debates regarding orphan works legislation and the
Google Book Search settlement.
Professor Carroll discussed the
effect of the internet on the copyright system. The internet is a
global medium that does not recognize the system of national
boundaries, and issues arise when an international legal system that
relies on national borders and territorial treatment of cultural works
meets these new technologies. The US has moved away from copyright
registration formalities and towards more automatic copyrights, and
digital technology has allowed for the production, consumption, and
distribution of millions of works of all types. A problem arises with
the copyright system’s one-size-fits-all approach, which treats these
different types of works as equally copyrightable and grants them the
same terms of protection. Carroll co-founded a group called Creative
Commons, which pointed out that one size does not fit all, and that
many creators have different motivations for their works and the amount
of control they want over it.
