Last week, the U.S. Congressional Research Service released a report, NAFTA Renegotiation and Modernization, which describes U.S. negotiating objectives chapter by chapter, citing publicly available information. It notes that the U.S. has tabled language on fair use that walks back the commitment to balance found in the TPP text. Page 21 reads:
“Fair use.” TPP contained new language, consistent with the 2015 TPA, to “endeavor to achieve an appropriate balance” between users and rights holders in their copyright systems, including digitally, through exceptions for legitimate purposes (e.g., criticism, comment, news reporting, teaching, research). The “appropriate balance” language has been criticized by rights-holder groups, and the United States reportedly has tabled language seeking to restrict exceptions for fair-use.[85]
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FOOTNOTE 85: “New NAFTA Pits Silicon Valley Against Hollywood Over Copyright,” Bloomberg BNA International Trade Reporter, December 21, 2017.
The Bloomberg article cited gives insights from industry reps from tech and movie companies, but it does not describe any language that may have been tabled. (USTR declined to comment for the article.) It notes that copyright is considered a tougher issue that had been was “punted” in until later in the negotiations, and says that “haggling over copyright could go down to the wire.” More recently, Canadian Ambassador to the U.S. recently identified the IP chapter as one of the remaining sticking points in the negotiations.
