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
Name(s): |
Keith Ann Stiverson, Chair, and Samuel Trosow,
Secretary, Copyright Committee |
Organization(s): |
American Association of Law Libraries |
Country: |
United States and Canada |
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
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