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Laws 2017, 6(3), 11; doi:10.3390/laws6030011

Back to the Future: The Digital Millennium Copyright Act and the Trans-Pacific Partnership

Faculty of Law, Queensland University of Technology, 2 George Street GPO Box 2434, Brisbane, Queensland 4001, Australia
Received: 1 May 2017 / Revised: 5 July 2017 / Accepted: 8 July 2017 / Published: 12 August 2017
View Full-Text   |   Download PDF [321 KB, uploaded 12 August 2017]

Abstract

The Trans-Pacific Partnership (TPP) is a trade agreement, which seeks to regulate copyright law, intermediary liability, and technological protection measures. The United States Government under President Barack Obama sought to export key features of the Digital Millennium Copyright Act 1998 (US) (DMCA). Drawing upon the work of Joseph Stiglitz, this paper expresses concerns that the TPP would entrench DMCA measures into the laws of a dozen Pacific Rim countries. This study examines four key jurisdictions—the United States, Canada, Australia, and New Zealand—participating in the TPP. This paper has three main parts. Part 2 focuses upon the takedown-and-notice scheme, safe harbours, and intermediary liability under the TPP. Elements of the safe harbours regime in the DMCA have been embedded into the international agreement. Part 3 examines technological protection measures—especially in light of a constitutional challenge to the DMCA. Part 4 looks briefly at electronic rights management. This paper concludes that the model of the DMCA is unsuitable for a template for copyright protection in the Pacific Rim in international trade agreements. It contends that our future copyright laws need to be responsive to new technological developments in the digital age—such as Big Data, cloud computing, search engines, and social media. There is also a need to resolve the complex interactions between intellectual property, electronic commerce, and investor-state dispute settlement in trade agreements. View Full-Text
Keywords: trans-pacific partnership; copyright law; intermediary liability; safe harbours; technological protection measures; electronic rights management information; intellectual property; investor-state dispute settlement; electronic commerce; international trade law trans-pacific partnership; copyright law; intermediary liability; safe harbours; technological protection measures; electronic rights management information; intellectual property; investor-state dispute settlement; electronic commerce; international trade law
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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Rimmer, M. Back to the Future: The Digital Millennium Copyright Act and the Trans-Pacific Partnership. Laws 2017, 6, 11.

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