The USTR has announced that its next GSP review hearing will include consideration of the complaint by the IIPA alleging that South Africa’s adoption of a US style fair use right would violate the adequate and effective intellectual property requirement for GSP (19 U.S.C. 2462(c)(5)) primarily due to passage (but not yet signed into law) Copyright Amendment Act.
The Federal Register notice is here.
The IIPA complaint is here.
The primary complaints about the bill involve its fair use clause modeled on US law, rights to use excerpts in education, override of contractual restrictions on user rights, rights reversion to authors (25 years after assignment), and mandatory non-waivable royalty rights.
The notice announces a January 30th hearing and a January 17th deadline for submission of comments, prehearing briefs, and requests to testify.
Many may recall the las time the USTR threatened to remove GSP benefits from South Africa for making use of limits to IP rights to promote public interests – then in the midst of the AIDS crisis and the IP was patents. Today it is copyright fair use at issue.
If you would like to express your support for South Africa’s rights and be informed about the contributions of the Global Expert Network on Copyright User Rights to the process, sign your name and organization if applicable here –
SA Copyright Sign On: https://form.jotform.com/pijip/SupportSACopyAmendBill
