Entries Matching: Limitations & Exceptions

Copyright and Secrecy Don’t Make for Good Trade Agreements

Dear USTR, copyright has meaningful non-economic and social value; keep it out of the U.S.-E.U. Free Trade Agreement. If you have to have it, make sure it protects all Americans and not just large content owners. (And make the agreement transparent and inclusive while you’re at it.)


Today we filed comments about the proposed United States-European Union Free Trade Agreement – the Transatlantic Trade and Investment Partnership (TTIP). We told the Office of the United States Trade Representative (USTR) that copyright is an uncomfortable fit for a trade agreement and should be kept out of the TTIP.

If the USTR still wants to include copyright within the TTIP, it should make sure that a copyright chapter in the TTIP will not impede Congress’s ability to change U.S. copyright laws.

We also asked the USTR to break from the past and not negotiate the TTIP in secret.

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Copyright’s Impact on Free Expression Rights

Exclusive rights conferred by intellectual property laws can conflict with human rights. Yet policy makers rarely acknowledge this possibility and continue to make IP rules that increase the scope of exclusive rights. In a recent decision the European Court of Human Rights (ECHR) disagreed, recognizing that copyright laws can have an adverse impact on the freedom of expression. Scholars point out that the court is likely to hear more such cases in future.

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The Internet Radio Fairness Act: What It Means for Radio, Musicians, and You

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Last week we broke down the details of the Internet Radio Fairness Act, the recently proposed bill that aims to update the compulsory licenses for online radio services. This week we’ll be delving more into the real world impacts of IRFA.

At the end of the day, the proposals in IRFA are a good start toward promoting a healthy, competitive radio marketplace, but there are still a couple of missing pieces that the bill must include to truly be technology-neutral and to fairly balance the interests at stake in the radio marketplace.

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The Internet Radio Fairness Act: Revamping the Online Radio Marketplace

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Royalties for online radio and other digital music services are a prominent topic for today’s recorded music industry, and the discussion has only grown with the recent introduction of the Internet Radio Fairness Act in the House and Senate. IRFA aims to revamp the parts of the Copyright Act that create licenses for online radio services to pay for transmitting sound recordings to their users. More specifically, IRFA would change the standard by which online radio royalty rates are set, alter the qualifications and appointment procedures for the Copyright Royalty Judges, and make several more changes to the process of setting online radio royalties.

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Defining your rights to participate in culture: How the USTRs attempts on limitations and exceptions

All over the world, blind people cannot get books and other printed material as easily as those of us with sight can. Teachers face difficulties in using movies and music, particularly those in digital format, in the course of teaching. Librarians are constrained in their ability to lend and preserve books, movies, and music. Copyright laws, with the restrictions and costs they impose on these users, are a major contributor to these barriers. International copyright agreements exacerbate these barriers by constantly ratcheting up exclusive rights over knowledge and cultural products and diminishing user rights. The TPP is the latest iteration of these agreements.

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