[Advocacy Advisors] Joining a letter on copyright term in the TPP?

James Salsman jsalsman at gmail.com
Fri Dec 6 02:57:13 UTC 2013


Kat Walsh wrote:
>
> I think Wikimedia should sign it; as mentioned, the letter is targeted at
the copyright term issue, which is well within our mission,

I agree.

> without bringing in other issues that we may not share a position on.
Disagreement is an opportunity to increase accuracy. There is no way to
even we know which issues we might not agree about unless we ask. The idea
that foundation officials are proceeding under the assumption that there is
potential widespread disagreement on some undisclosed set of topics without
some transparent effort to measure the actuals is terrible compared to if
there was an ongoing effort to map the boundary between too much and too
little empowerment over time.

> On Thu, Dec 5, 2013 at 2:56 PM, Stephen LaPorte <slaporte at wikimedia.org>
wrote:
>>
>> Hello advocacy advisers,
>>
>> Current drafts of the Trans Pacific Partnership[0], a new trade treaty
currently being negotiated, contains language that would require countries
that sign the treaty to extend the length of the minimum copyright term to
life of the author plus 70 years. Global treaties currently require only
life + 50 years, so the TPP would represent a widespread extension of
copyright terms by 20 years, and make it hard to roll back the copyright
term in countries that already have life + 70.
>>
>> The letter below[1], addressed to the TPP negotiators, directly
addresses this issue. We’re considering signing, because the letter is
specifically targeted at an issue (copyright term) that is core to our
encyclopedic mission, and affects (at present) 14 different countries.
>>
>> Does the advisory group have any thoughts about joining the letter? We
would like to let KEI know if we will join the letter before December 7,
2013.
>>
>> [0] https://en.wikipedia.org/wiki/Trans-Pacific_Partnership ;
http://tppinfo.org/
>>
>> (We briefly mentioned TPP in the Wikilegal fact sheet on ACTA in January
2012. If anyone is interested in updating that document, feel free to get
in touch! See:  https://meta.wikimedia.org/wiki/Wikilegal/ACTA)
>>
>> [1] http://keionline.org/nolifeplus70intpp
>>
>> --
>>
>> The letter was prepared by Knowledge Ecology International, and will be
joined by like-minded organizations including the Open Knowledge
Foundation, Electronic Frontier Foundation, and Free Software Foundation.
>>
>> Full copy of the letter:
>>
>> Dear TPP negotiators,
>>
>> In a December 7-10 meeting in Singapore you will be asked to endorse a
binding obligation to grant copyright protection for 70 years after the
death of an author. We urge you to reject the life+ 70 year term for
copyright.
>>
>> There is no benefit to society of extending copyright beyond the 50
years mandated by the WTO. While some TPP countries, like the USA, Mexico,
Peru, Chile or Australia, already have life+ 70 (or longer) copyright
terms, there is growing recognition that such terms were a mistake, and
should be shortened, or modified by requiring formalities for the extended
periods.
>>
>> The primary harm from the life+ 70 copyright term is the loss of access
to countless books, newspapers, pamphlets, photographs, films, sound
recordings and other works that are “owned” but largely not commercialized,
forgotten, and lost. The extended terms are also costly to consumers and
performers, while benefiting persons and corporate owners that had nothing
to do with the creation of the work.
>>
>> Life+70 is a mistake, and it will be an embarrassment to enshrine this
mistake into the largest regional trade agreement ever negotiated.
>>
>> --
>> Stephen LaPorte
>> Legal Counsel
>> Wikimedia Foundation
>>
>> This message might have confidential or legally privileged information
in it. If you have received this message by accident, please delete it and
let us know about the mistake. For legal reasons, I may only serve as an
attorney for the Wikimedia Foundation. This means I may not give legal
advice to or serve as a lawyer for community members, volunteers, or staff
members in their personal capacity.
>>
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>>
>
>
>
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