ICLE report : Broad exceptions damage creativity and innovation

A new White Paper issued by International Center for Law & Economics (ICLE) warns that calls for broad “fair use” exceptions can be harmful to consumers around the world by de-incentivising creativity and innovation.

The report, entitled ‘Dangerous Exception: the detrimental effects of including “fair use” copyright exceptions in free trade agreements’, argues that minimum standards of copyright protection based on the “3 step test” have been an important part of bilateral trade agreements over the years and that such provisions can enhance trade by improving the clarity of rights of creators and users thereby promoting increased levels of creativity and innovation. It cautions against reference, in up-coming trade agreements such as the Trans-Pacific Partnership (TPP), to US-style exceptions or more specific language, which may not be suitable for countries with different legal systems.

The white paper can be found here.