NZ stands ground on Trans Pacific Partnership

16.08.2012
A draft of the copyright chapter of the negotiating text for the Trans-Pacific Partnership trade agreement (TPPA), leaked to the public early this month, shows New Zealand holding the line for permitted uses of copyright under the treaty, in accordance with domestic legislation.

Australia, however, appears to be taking a line more in sympathy with the US, which wants to restrict such permitted uses more strictly than current treaties.

Permitted-use exceptions for copyright material, known in the US as "fair dealing", cover "criticism, comment, news reporting, teaching, scholarship and research" and similar uses.

"With respect to this Article [Article 4 on copyright] each Party shall confine limitations or exceptions to exclusive rights to certain special cases that do not conflict with a normal exploitation of the work, performance, or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder," says the text proposed by the US. This is labelled Paragraph 1 of the pertinent section.

The previously promoted commitment by US negotiators to "strive for an appropriate balance in providing limitations or exceptions, including those for the digital environment, giving due consideration to legitimate purposes" is now put as Paragraph 2 in the proposed US text and made "subject to and consistent with paragraph 1".

In other words the conditions in paragraph 1 would limit the permitted use undertakings and the commitment to balance as US negotiators would draft the text.