Brasília
21 March 2017
Reporter: Barney Dixon

Brazil floats new copyright rules under WTO


Brazil has raised new online copyright rules that could be included in future World Trade Organization (WTO) treaties.

The new proposals were circulated in a paper on electronic commerce and copyright in December 2016.

The paper, highlighted by the Electronic Frontier Foundation (EFF), focused on transparency, the balance of rights and obligations, and the territoriality of copyright.

According to the EFF’s Jeremy Malcolm, the paper is a step in the right direction for copyright reform in the digital age.

But Malcolm said that Brazil didn’t go into enough detail in its paper. To specify where copyright fits in with the broad term of ‘transparency’, Brazil’s paper outlined how transparency of remuneration of copyright related to rights in the digital environment could address industry complaints of a “value gap”.

Malcolm argued that there are potential applications of distributed ledger technology, such as blockchain, to provide much needed transparency. “Rather than invest in exploring this or other transparency initiatives, big media has continued to devote most of its attention to a failing war on piracy,” he said.

Malcolm also said Brazil’s proposal for a balance of rights and obligations “correctly identifies the need to maintain balance between the interests of copyright holders and those of users of copyright works”.

“But the paper goes off the rails when it suggests that it may be unlawful under the WTO’s three-step test for countries to allow users to bypass digital rights management (DRM) on copyright works, on the grounds that DRM is essential for the normal exploitation of works in e-trade.”

Circumvention is often the only way for users to gain access to content on the devices of their choice and that it is “imperative for preservation, archival, and reuse of such content”.

Finally, Brazil addressed the territoriality of copyright, proposing that WTO members’ rules should make their “best efforts to make their national copyright legislation applicable to trade relations where content is accessed from within their national borders”.

Malcolm said: “If this means blocking or banning users from accessing overseas content services, we have serious concerns.”

“Such measures are entirely unnecessary anyway, as the world already has a common set of copyright rules as standards for global trade—that's exactly what the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights provides. Brazil hasn't made out a case for more.”

More Copyright news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
EU Copyright Directive “compromise amendments” revealed
22 February 2018 | Brussels | Reporter: Barney Dixon
EU rapporteur Axel Voss has proposed “compromise amendments” to article 13 of the EU's Copyright Directive, which would further shift the burden of responsibility for copyright infringement to internet platforms
IPTV supplier fined £18,000
14 February 2018 | Harrow | Reporter: Barney Dixon
A pre-loaded IPTV box supplier must pay a £18,000 fine for selling illicit streaming devices online, as well as breaching the Premier League’s copyright
IFPI calls for “effective solution” to value gap
07 February 2018 | Brussels | Reporter: Barney Dixon
The International Federation of the Phonographic Industry (IFPI), with the support of 23 other creative industry organisations, has penned a letter to the new presidency of the European Council asking it provide an “effective solution” to the so-
New trial ordered in BMG v Cox
06 February 2018 | Virginia | Reporter: Barney Dixon
The US Court of Appeals for the Fourth Circuit has overturned a $25 million damages award for BMG Rights Management and ordered a new trial in its dispute with Cox Communications
CRB issues royalty rate hike for music streaming services
05 February 2018 | Washington DC | Reporter: Barney Dixon
The Copyright Royalty Board has ruled to increase royalty payments to songwriters and music publishers from music streaming services by nearly 44 percent
Grumpy Cat wins copyright lawsuit
25 January 2018 | California | Reporter: Barney Dixon
The owner of internet sensation ‘Grumpy Cat’ has won a copyright infringement lawsuit against Grenade Beverage
Radiohead sue Lana Del Rey for copyright infringement
8 January 2018 | New York | Reporter: Barney Dixon
Radiohead are suing Lana Del Rey for copyright infringement, claiming that the Del Rey’s 2017 song Get Free was similar to their 1992 song Creep