-
Nov. 1, 2017 - Open Letter To Ambassador Robert Lighthizer [pdf]
From: Engine Advocacy
“First, NAFTA must reflect the full spectrum of U.S. copyright law that is essential to our existence and growth, including the innovation-oriented fair use doctrine, the Digital Millennium Copyright Act (DMCA) safe harbors, and other copyright limitations and exceptions that protect startups, consumers, and creators. The startup community depends fundamentally on these principles, and if other countries fail to reflect these same principles in their laws, we are at great risk. For instance, if through NAFTA USTR requires Mexico to adopt a more stringent set of litigation tools and enforcement measures that can be used against startups, then we will get sued out of the market if we lack the same protections that we have in the United States.”
“Second, any changes to NAFTA must include intermediary liability protections that have led to the creation of pioneering platforms for collaboration, communication, creation, distribution, promotion, and mobilization that are used by billions of people. Modern technology allows millions of people worldwide to reach even the smallest of online platforms. This model only works because U.S. law enables companies to host or serve as a platform for huge volumes of transactions, communications and other activity by third parties. NAFTA modernization should include provisions to prohibit governments from forcing online services to be gatekeepers for content on the internet -- consistent with legitimate law enforcement requirements.”
-
Oct. 5, 2017 - Copyright provisions in NAFTA must include fair use and safe harbor protections
From: Re:Create Coalition
“We have serious and fundamental concerns regarding the recent U.S. proposal on copyright in NAFTA as reported in the media. First, NAFTA must include strong provisions on limitations and exceptions to copyright, such as fair use, that reflect U.S. law. The economic implications of failing to include strong fair use protections are profound, particularly if NAFTA includes strong copyright protection and enforcement measures. The Internet Association, in a recent white paper, said:
A strict regime of strong copyright protection and enforcement — without limitations and exceptions like the 'fair use' of copyrighted material — would doom the internet economy and U.S. innovation leadership.
We agree with the Internet Association. Fair use adds $2.8 trillion to the U.S. economy or approximately 16% of G.D.P. Fair use benefits 18 million workers, which is 12.5% of the American workforce. In 2014, America exported $368 billion in fair use-based goods and services, a 21% increase from 2010. Simply put, the fair use-based economy is one of the largest and fastest growing parts of the American economy, and has become a cornerstone of not just our global digital leadership, but the United States' global economic leadership as well.” -
Nov. 15, 2017 - NAFTA Must Include Fair Use, Safe Harbors
From: Over 70 international copyright experts
“To fully take advantage of the opportunities that new technologies offer to promote creativity, innovation, and access to knowledge, copyright must strike a balance between exclusive rights and limitations and exceptions to those rights that serve public interests. Trade agreements should include language requiring parties to promote such a balance, and should also include language protecting rights of countries to adopt open and flexible general exceptions like fair dealing and fair use.”
“An appropriate copyright balance requires mechanisms by which copyright owners call attention to instances of possible copyright infringement online, paired with demarcated safe harbors shielding Internet intermediaries from liability for infringement initiated by individual users. We call on parties to international agreements to assure that intermediary safeguards are provided in every country, and to allow each country flexibility to define the specific obligations of copyright owners and intermediaries.”
-
Sept. 14, 2017 - Letter to USTR, House Committee on Ways & Means, Committee on Finance [pdf]
From: FreedomWorks & R Street
“A light touch should be taken when approaching Intellectual Property provisions in any agreement primarily aimed at ensuring free trade. More appropriate fora exist, such as domestic law or international intellectual property agreements, to take up the broad questions of IP and its limits. To the extent that IP must be incorporated into NAFTA modernization, negotiators should take care to ensure protections adhere to the U.S. model. IP provisions should not asymmetrically place stringent obligations on parties to protect narrowed IP rights. Trade negotiators should seek limitations and exceptions to allow for new entrants, such as derivative works, to enter the market.”
-
Aug. 15, 2017 - To Benefit America, a Renegotiated NAFTA Must Include Four Tech Points
From: CCIA
“Remember, the technology behind the World Wide Web entered the public domain only months before we ratified NAFTA. Since then, America's tech sector has become our economic engine — the envy of the entire world.”
“Balancing copyright limitations and exceptions removes impediments that stifle innovation, and including fair use provisions and strong liability protections is critical for internet intermediaries.”