>>Intellectual Property IP Action Agenda - International Implications Introduction & Scope | Members RIGHTS AND PERMISSIONS | IP MANAGEMENT: Education & Training | LICENSING & OTHER BUSINESS MODELS | PUBLIC DOMAIN | INTERNATIONAL IMPLICATIONS | INTERNATIONAL IMPLICATIONS David Green Martha Winnacker Towards an Agenda for Addressing International Copyright Issues for the Cultural Community in a Networked Environment In a world in which digital networking has made information and intellectual property potentially instantly accessible around the world, the implications of the Internet for copyright are immense. While some wondered whether copyright would be irrelevant online, the World Intellectual Property Organization’s 1996 Copyright Treaty (WCT) reaffirmed and updated the original 1886 Berne Convention for the digital age and strengthened it through the World Trade Organization’s Trade Related Intellectual Property Rights Agreement (TRIPS) requiring details of enforcement procedures from every WTO member. But the global IP system is still “a patchwork of national legal systems linked through an intricate network of agreements” and global and local interests are often at odds. While globalization is valued for economic opportunities it might bring through access to markets, technology transfer and new products and services, localization is valued for local forms of creativity, innovation and symbols that constitute important sources of national cultural identity and potential national wealth. For Americans, who have been preoccupied with the implications of the Digital Millennium Copyright Act and our own institutional experiments, the international arena remains relatively unfamiliar. Who are our allies, and what international collaborative activities can be undertaken with creative, cultural and scholarly groups abroad in asserting our interests and values? We believe it is time to assemble what knowledge and understanding we have here and abroad about the issues on which we need to develop agendas for action, in order to exploit the full potential of digital and networked resources for international cultural cooperation and development. Among the matters that appear most pressing: Limits of and potential for “fair use” and other exemptions under TRIPS and WIPO: U.S. law is distinctive in codifying the fair use exemption. What functional equivalents, if any, exist in other national legal systems, and perhaps more importantly, what other innovative exemptions to copyright outside U.S. notions of fair use are worth exploring? Can the national versions of “fair use” and other exemptions be harmonized under the Berne Convention (WIPO) or the TRIPS Agreement (WTO)? How might harmonization occur? Through national legislation evolving towards harmonized norms? Through an international agreement on fair use and other exemptions? What role will WTO play in dispute resolution? International licensing: Many licensors of large volumes of academic materials in digital form are multinational corporations whose largest markets appear to be in North America and the EU. These licensing schemes are accessible only to institutions with ample budgets and internal regulatory resources. To what extent are institutions in less wealthy and impoverished nations able to secure digital resources needed for academic and cultural purposes? Are institutions in such nations able to digitize and license their own resources on reasonable terms? Can we develop the framework for licensing that accurately reflects differences in wealth and institutional capacity? What are the prospects for establishing an international cultural fund to establish access to digital cultural resources? Proliferation of cyber- and intellectual property crimes: Are other national legal systems matching the United States in criminalizing intellectual property offenses? What precautions are needed to avoid inadvertent offenses in the course of sharing materials internationally? To what extent is the multiplication of crimes required by/consistent with international law and treaties? What defenses are available? How may cultural and educational institutions maximize the potential for sharing digital materials internationally without running afoul of criminal laws? International Policymaking: The worldwide information society mandates better understanding of the value of open communication, access, and educational use of content. In order to foster global cooperation, particularly with respect to access to cultural heritage information across boundaries, how can we promote the adoption of clear, publicly available national and international information policy frameworks? While industrialized nations have created or are creating such policies how can developing countries be encouraged and assisted in establishing policy frameworks? Can organizations and governments learn to think about their digital content not only as financial opportunities, but also as opportunities to reach new audiences and to promote open and democratic societies? Introduction & Scope | Members RIGHTS AND PERMISSIONS | IP MANAGEMENT: Education & Training | LICENSING & OTHER BUSINESS MODELS | PUBLIC DOMAIN | INTERNATIONAL IMPLICATIONS |