Tuesday, December 17, 2013
The TPP and termination rights
The
TPP’s Attack on Termination Rights?
Provocative post on EFF’s blog.
Of course we will be told that the TPP doesn’t require changes in
domestic law (it just bars many improvements, something that ought to be notable
given that Washington seems to be gearing up for real copyright reform). But (a) given the secrecy, I’d rather verify
than just trust, (b) the US has ignored its international commitments in IP for
years when it suits domestic political forces, but doesn’t extend the same
consideration to others, so I can absolutely believe we’d push a rule that we’d
be immediately violating. (See also
Margot Kaminski’s excellent work on US positions that unduly constrain and even
conflict with US law, such as Kirtsaeng,
presented in this
forthcoming article.) But maybe the TPP’s proposed language
allows restrictions on transfers like our current termination rules. Maybe we’ll eventually find out.
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