Copyright Term
Unsurprisingly, the U.S.wants all TPP countries to ensure that their copyright term of protection is at least life of the author plus 70 years. That would require countries such as Canada, Japan, New Zealand, and Malaysia to extend their terms by 20 additional years beyond the international standard found in the Berne Convention. The length of term within the TPP is currently in square brackets, suggesting that countries have still not reached a final decision (though expectations are that Canada will cave on the issue).
The Importance of the Public Domain
The general provisions section of the IP chapter contains a notable dispute between Canada and the U.S. over the public domain. There is an article that emphasizes the importance of taking into account the interests of rights holders, service providers, users and the public. Canada and Chile have proposed additional language to acknowledge “the importance of preserving the public domain.” The U.S. and Japan oppose the reference.
Limitations and Exceptions
The copyright provisions include an article on limitations and exceptions that references “criticism; comment; news reporting; teaching, scholarship, research, and other similar purposes; and facilitating access to published works for persons who are blind, visually impaired, or otherwise print disabled.” There is also a footnote recognizing the Marrakesh Treaty and one that acknowledges that commercial uses may be legitimate purposes under exceptions and limitations. This article is consistent with current Canadian law.
Internet Retransmission
The U.S., Singapore, and Peru support a provision granting rights holders stronger rights over Internet retransmission of television signals. The provision states:
No Party may permit the retransmission of television signals (whether terrestrial, cable, or satellite) on the Internet without the authorization of the right holder or right holders of the content of the signal
Canada – along with Vietnam, Malaysia, New Zealand, Mexico, Chile, Brunei, and Japan – all oppose the provision.
Anti-Circumvention Rules
The DMCA’s anti-circumvention rules (often referred to as digital lock rules) make it into the chapter with restrictions that extend beyond those required by the WIPO Internet treaties. Earlier opposition to mandatory criminal penalties for some circumvention has disappeared as the countries now agree that it is a requirement. The TPP permits some exceptions (there are some found in Canadian law), subject to strict limitations.
In addition to the anti-circumvention rules, there are also provisions on rights management information. Canada currently stands alone in opposing mandatory criminal penalties for rights management information violations (for example, making available copies of works knowing that rights management information has been removed). If Canada caves on the issue, the digital lock and rights management information provisions in the Copyright Act would require amendement by adding new criminal penalties.
ISP liability
The liability of Internet service providers is currently the subject of a lengthy addendum that is complicated by different approaches in the varying TPP countries. The primary approach is to create a legal requirement for ISPs to cooperate with anti-infringement activities in return for limits on liability. The key requirements include a notice-and-takedown system similar to that found in the United States. However, there are also flexibilities included for other countries and a c