Presentation on theme: "Background and History WTO – World Trade Organization GATT – General Agreement on Tariffs and Trade TRIPS – Trade-Related Aspects of Intellectual."— Presentation transcript:
Background and History WTO – World Trade Organization GATT – General Agreement on Tariffs and Trade TRIPS – Trade-Related Aspects of Intellectual Property Rights TRIPS was added to GATT in 1994. Its inclusion made possible by intense lobbying of the United States, EU, Japan and other first world states. GATT became the basis of the WTO. Since ratification of TRIPS is a compulsory requirement of WTO membership, any country that wishes to obtain access to international markets must follow very strict IP laws. Unlike other international agreements on intellectual property, TRIPS has a powerful enforcement mechanism. Countries which do not adopt TRIPS-compliant IP systems can be disciplined, e.g. trade sanctions. Zion’s Part!
TRIPS Requires Strong IP Copyright terms extend to 50 years after the death of the author. Copyright must be granted automatically and not based upon any "formality", such as registrations or systems of renewal. Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection. Exceptions to copyright, e.g. "fair use“, must be tightly constrained. Patents must be granted in all "fields of technology" (regardless of whether it is in the public interest to do so). IP laws may not offer any benefits to local citizens which are not available to citizens of other TRIPS signatories.
TRIPS Proponent’s Argument TRIPS provides a framework of rules designed to promote free trade and reduce the leverage of governments in favoring domestic industries over foreign ones. It is limited to trade relations, e.g. correcting the international balance of trade, lowering customs barriers. It only recommends how laws should be structured, e.g. "no discrimination in favor of specific local industries". It encourages limitations that are based on systematic considerations, e.g. on weighing IP rights against other rights of equal weight.
Proponent’s Argument Cont’d Different countries can tailor their IP system to fit their particular circumstances, in line with their levels of scientific and technological development. Developing countries can benefit from innovation that would be spurred by stronger IP protections; more incentives and more opportunities. The IP protection required by TRIPS should be implemented for the sake of their own industry.
Hamilton’s Opposition to TRIPS Imperialistic: It imposes Western beliefs, feelings, and values against their will and for their own good. Outdated: It does not adapt/adjust to significant changes in technology of communication, esp. the “on-line” arena. Overprotective: It constrains the “free use zone”; allowing copyright holders to strengthen their control over access to information and further abuse their “legal monopolies”. Hamilton: “[it’s] important to embrace an interdisciplinary approach, to widen copyright lens to include culture, politics, human rights.”
Interdisciplinary Approach Answering Moral Philosophy’s Question – What is Right? Right contrasted with wrong: X is the right thing to do. You ought to do X. Right as a valid claim that one has to something: This sense of right conveys more than a simple ‘ought’. In this sense, a right directly generates a corresponding duty in others. If I have a claim-right that other people not harm me, then other people have a corresponding duty not to harm me.
Moral Conceptions of Right Consequentialism – bases rights solely on outcomes and the production of well-being or welfare or happiness (i.e. utility). Utilitarians are consequentialist. Anti-Consequentialism – if welfare or utility was the basis for rights, then there would be no universal, absolute rights. Rights establish the framework within which autonomous individuals seek to promote their own welfare. Rights are not justified by how well or how poorly they promote individual or overall welfare. Deontologists are anti-consequentialist. Cultural Relativism – societies have different perceptions of right and wrong. People ought to comply with the moral norms of their own culture. Local traditions (religious, political, legal etc.) determine the existence of individual’s rights. There is no moral basis for one culture to criticize the norms of another culture. Every culture ought to respect every other culture’s moral norms.
Problem with Deductive Reasoning Premises with Universal Moral Claim: P1. It is always wrong to kill another person. P2. I am a person. P3. If you shoot me, I will die. Conclusion: PMJ1. It is wrong for you to shoot me now.
Problem with Deductive Reasoning Cont’d Premises for Cultural Imperialism: P1. I ought to act in accordance with my religion. P2. You ought to act in accordance with my religion. Conclusion: PMJ1. I ought to force you to act in accordance with my religion.
Problems with Deductive Reasoning Cont’d Western Liberalism – individual rights and liberties are paramount and should be protected. Confucianism – some actions undermine social stability and should be prohibited. Islam – actions that undermine religious order cannot be permitted. If they all start from different premises, then they will not arrive at the same conclusions.
PART II. Copyright Norms and Freedom Imperialism Jamie Yaptinchay INFO 300 12/04/03
Globalization of Intellectual Property AAAApplying the same intellectual property rules globally TTTThe issue of differing cultural views on human efforts
“Impolite” Imperialism “Old-fashioned western style imperialism” Imposes ideas of human value, effort, and reward based on a Western intellectual property system
Preqreqs to Believing in Western Copyright Rights Individualism “Individual creative effort is valuable”“Individual creative effort is valuable”
Preqreqs to Believing in Western Copyright Rights Reward Society should give proprietary rights to the owners of original products.Society should give proprietary rights to the owners of original products. Qualities of the product are measures for the reward.Qualities of the product are measures for the reward. Effort alone is not sufficient.Effort alone is not sufficient.
Preqreqs to Believing in Western Copyright Rights Commodification Product creators do not need to be producers or distributors.Product creators do not need to be producers or distributors.
Critique THE IMPOSEMENT OF PROTESTANT-BASED CAPITALISM!
China: Human Rights (and critique) Human rights linked to respect for copyright “Marked disdain for change and originality” because of their view of the family unit as the lowest social denominator instead of the individual.
China: Cultural Copying Copying as a noble art. Therefore copyright law seems artificial and ridiculous.
TRIPS in the On-Line Era 1. Introduction 2. Universal Access Norms vs. Copyright Norms on the GII 3. Free Use Zone 4. Summary Stephanie’s Part!
Introduction TRIPS is oblivious to the on-line era Ignores fundamental changes in product transmission and generation.Ignores fundamental changes in product transmission and generation. Doesn’t reassess current “fences and gates” of intellectual property ownership in virtual space.Doesn’t reassess current “fences and gates” of intellectual property ownership in virtual space. Finding balance between ensuring ample access to information and rewarding authors for creative works is difficult. This is particularly daunting in the emerging global information infrastructure (GII)This is particularly daunting in the emerging global information infrastructure (GII) TRIPS refers to the copyrightability of computer programs and references the Berne convention Berne Convention is outdatedBerne Convention is outdated By not adjusting the Berne Convention, TRIPS tips the balance to copyright holdersBy not adjusting the Berne Convention, TRIPS tips the balance to copyright holders
Universal Access Norms vs. Copyright Norms on the GII Information and Access There is value in the universal access of information Important to free speech values (recognized by the U.S. Constitution’s First Amendment) More information is better than less information Access is better than exclusion Failure of both leads to ignorance and the consequent decay of the democratic propensities of the state.
Contradiction in the initiative for the Global Information Infastructure Universal Access G-7 plan to include all countries in the Global Information InfrastructureG-7 plan to include all countries in the Global Information Infrastructure All sectors of the world will be capable of providing, receiving, and exchanging informationAll sectors of the world will be capable of providing, receiving, and exchanging information Copyright Law US: protects original works of authorship while providing incentives to disseminate those works to the general public.US: protects original works of authorship while providing incentives to disseminate those works to the general public. Europe: Moral right protecting personality.Europe: Moral right protecting personality. Both of these justify monetary compensationBoth of these justify monetary compensation
Where Universal Access and Copyright Collide Information is a vague term. oCopyright only protects “expression” oIf works are only considered “information” it would deceptively seem that copyright is irrelevant in the “Information Era” Copyright permits individuals to block access to works. oAt best seems ungenerous in the progression toward a global information infrastructure oAt worst seems antidemocratic
Copyright should not be abandoned Universal access and copyright law serves similar goals Increase the individuals capacity to challenge government’s temptation for tyrannyIncrease the individuals capacity to challenge government’s temptation for tyranny Maximize capacity of the people to maintain independence by constructing certain private power structures though religion, art, philosophy, politics, and family.Maximize capacity of the people to maintain independence by constructing certain private power structures though religion, art, philosophy, politics, and family.
Copyright and Balance Defending Copyright Copyright is not a relic of the print eraCopyright is not a relic of the print era Abandoning would decrease the number of works which defeats the purpose of having a global information infrastructureAbandoning would decrease the number of works which defeats the purpose of having a global information infrastructure Finding Balance There needs to be a balance between the two extremes of in unrestricted access and over controlling copyright.There needs to be a balance between the two extremes of in unrestricted access and over controlling copyright.
Critique of “Universal Access Norms vs. Copyright Norms” Defending the need for balance Listing similarities in intentions for both universal access and copyright.Listing similarities in intentions for both universal access and copyright. Advantage to Publishers vs. Copyright is Vital In the first section she talks about how the copyright holders have been given a giant advantage.In the first section she talks about how the copyright holders have been given a giant advantage. Then she talks about the importance of copyrightThen she talks about the importance of copyright If the interests of copyright are over-represented in the global corporate and political communities, why make an argument for copyright without making an equal or stronger argument for universal access.If the interests of copyright are over-represented in the global corporate and political communities, why make an argument for copyright without making an equal or stronger argument for universal access.
The Free Use Zone and Its Construction in the On-line Era Pre-online Era Before Amazon.com, Ebay, AOL-Time WarnerBefore Amazon.com, Ebay, AOL-Time Warner On-line Era E-commerce, On-line - banking, shopping, investing, music, media, ect.E-commerce, On-line - banking, shopping, investing, music, media, ect. Jacob’s Part!
The Free Use Zone Pre-On-line: “ browsing among copyrighted books and magazines for sale in a bookstore, loaning a book to a friend, borrowing copyrighted works from public libraries, and visiting an art gallery or museum”“ browsing among copyrighted books and magazines for sale in a bookstore, loaning a book to a friend, borrowing copyrighted works from public libraries, and visiting an art gallery or museum”
The Free Use Zone On-line Era “ how to adapt existing copyright treaties and statutes to the new on-line era”“ how to adapt existing copyright treaties and statutes to the new on-line era” Hackers vs. PublishersHackers vs. Publishers Opposite views of online works
The Hackers "Information wants to be free.” Copyright Linked to the days of the printing press Will be swept under by the emerging on-line environment
Because of the copying capabilities of the on-line era to ensure innovation there must be a system to reward creation. High quality copying is much more feasible in the on-line era. Hamilton argues that this will lead to an on-line environment of second rate materials
The Publishers All uses of a work can be tracked and charged Sphere of privacy
Once publishers enter the free zone it infringes on the publics privacy “haves” vs. “have nots” traditional information at cost would exclude the poortraditional information at cost would exclude the poor
“(1) ensuring that authors can obtain fair remuneration for their works through enforcement mechanisms that work (2) protecting the public from an overreaching publishing industry by crafting a free use zone for borrowing and browsing.”
Trade Related Aspects of Intellectual Property (TRIPS) Enforcement of Copyright on the GII Advantages of Independent Collective Agencies Hamilton’s Suggestions for the Free Use Zone Summary Conclusion Anthony’s part!
Enforcement of Copyright on the Global Information Infrastructure Need for monitoring and enforcement scheme for all copyrighted works Why? The GII poses the same copyright issues that the music industry has addressed through collective agencies Hamilton suggests creating similar collective agencies
Advantages of Independent Collective Agencies Authors of intellectual property have more time to concentrate on their creative productivity, rather than legal endeavors Collective societies might create a copyright culture on-line more quickly than individual efforts Do we give these agencies international jurisdiction, and if so, how far should these agencies be permitted to go?
Suggestions for the Free Use Zone Personal Lending Library Lending & Copying Use is limited in timeUse is limited in time Can not make copiesCan not make copies Patron pays for keeping the informationPatron pays for keeping the information Authors & publishers prohibited from interfering with this system.Authors & publishers prohibited from interfering with this system. Libraries must work in conjunction w/publisher to enforce above rules.Libraries must work in conjunction w/publisher to enforce above rules. Commercial Browsing Publishers can’t restrict customers from brief perusal of their work.Publishers can’t restrict customers from brief perusal of their work.
Summary Copyright law is a necessity The Free Use Zone is a necessity Find equilibrium between copyright law and the Free Use Zone Free market ensures copyright owners can enforce their rights Ensuring the Free Use Zone will require domestic government and international action Fences & gates that permit borrowing and browsing will have to be engineered through laws and agreements.Fences & gates that permit borrowing and browsing will have to be engineered through laws and agreements.
Conclusion “Soul Searching” Current incongruencies between countries will test TRIPS to its full extent TRIPS will inevitably find itself in the on- line realm Change, creativity, originality = positive goods Damn, money-grubbing copyright industries!!!