Public
FTAA.soc/civ/70/Add.1
May 16, 2003

Original: English

FTAA - COMMITTEE OF GOVERNMENT REPRESENTATIVES ON THE PARTICIPATION OF
CIVIL SOCIETY

OPEN INVITATION CONTRIBUTIONS

Executive Summary
Supplemental Comments of the American Association of Law Libraries and Other Library Associations on
the Second Draft Consolidated Texts of the
Free Trade Area of the Americans Agreement

The attached supplemental comments were prepared by several library associations (hereafter the Library Associations) in response to the Second Draft Consolidated Texts of the Free Trade Area of the Americas Agreement (FTAA), published by the Office of the United States Trade Representative (USTR) in the Federal Register on December 27, 2002. The Library Associations who signed the comments maintain an active interest in copyright policy and are guided by the belief that an equitable balance between the rights of users of information and the rights of copyright owners and licensors is essential to the free flow of information. We also believe that copyright policies must not impair the ability of governments to enable libraries and users of information resources to preserve intellectual works, share them with one another, and provide public access to them through lending and the Internet. In addition, we believe that governments need flexibility in order to help libraries keep pace with developments in information technology.

In light of these goals, the Library Associations are deeply concerned that the expansive language in the FTAA seeks to raise the level of copyright protection above and beyond the international standards currently evidenced by the Berne Convention for the Protection of Literary and Artistic Works (Berne) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) annexed to the agreement establishing the World Trade Organization. Because the Berne-TRIPS framework already provides an international standard, we are concerned that unnecessary duplication of an institutional framework will only increase complexity and uncertainty.

After reviewing the copyright section of the draft agreement, we believe that it should be deleted in its entirety. Most of our observations are limited to particular copyright-related provisions. We object to the inclusion of draft database treaty language, and we believe that FTAA unduly expands the scope of protectable subject matter. Some of the other objections include an objection that FTAA unduly limits fair use, and that it would expand the duration of copyright protection beyond the Berne standard.

We admire your process for gathering information and we are sending these comments in the spirit of openness espoused by the Committee of Government Representatives on the Participation of Civil Society.

In closing, we would like to point out the position taken by the Government of Canada, which we think is sensible and prudent, and one that should be adopted by the Negotiating Committee:

“Canada has not yet tabled any proposals on intellectual property (IP) within the Free Trade Area of the Americas (FTAA) negotiations. Canada’s immediate priority is to ensure that the current international IP rules are fully implemented, rather than to seek an extension on existing IP rights protection.”
http://www.dfait-maeci.gc.ca/tna-nac/IP-P%26P-en.asp

Keith Ann Stiverson
Chair, Copyright Committee
American Ass’n of Law Libraries
United States

Samuel Trosow
Secretary, Copyright Committee
American Ass’n of Law Libraries
Canada