Amend ACTA: Move Footnote to text

Sherwin Siy
September 16, 2010

AMENDMENT

ADD footnote 34 into the body of the agreement:

34 The obligations in paragraphs (5) and (6) are without prejudice to the rights, limitations, exceptions, or defenses to copyright or related rights infringement. Further, in implementing paragraphs (5) and (6), no Party shall be obligated to require that the design of, or the design and selection of parts and components for, a consumer electronics, telecommunications, or computing product provide for a response to any particular technological measure, so long as the product does not otherwise violate any measures implementing paragraph (5).

JUSTIFICATION 

Footnote 34 reflects a general principle that anticicumvention provisions should not be used to shift the fundamental balance that copyright strikes between authors and users. Not only should the existing rights, limitations, and exceptions present  in copyright be preserved despite any anticircumvention provisions, but those provisions should also not be read to create obligations upon anyone wishing to display or interact with works.

This savings clause, present in US law under 17 U.S.C. §1201(c) is a general principle governing the relationship between circumvention and copyrights, and should be clearly stated in the text of the agreement, not merely as an addition to one particular clause.

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