Has NZ caved on copyright in the TPP?
The EFF report:
New reports indicate that Trans-Pacific Partnership (TPP) negotiators have agreed to language that would bind its 12 signatory nations to extend copyright terms to match the United States’ already excessive length of copyright. This provision expands the reach of the controversial US Sonny Bono Copyright Term Extension Act (or the “Mickey Mouse Act” as it was called due to Disney’s heavy lobbying) to countries of the Pacific region. Nations including Japan, New Zealand, Malaysia, and Canada would all be required to extend their terms and grant Big Content companies lengthy exclusive rights to works for no empirical reason. This means that all of the TPP’s extreme enforcement provisions would apply to creative works for upwards of 100 years. …
These are the terms of the proposal, revealed by several leaks of the TPP Intellectual Property chapter: If the copyright holder is an individual, the minimum copyright term would extend to the lifetime of the creator plus 70 years after her death.
It is unclear if NZ has caved on just the length of copyright, or also on all the other issues in the intellectual property chapter. If it is the latter, that is truly bad as the US proposed text would be severely detrimental to the Internet, ISPs and users.
If they have only caved on the length of copyright, that is less bad but still undesirable. The current NZ law is for copyright to apply for life plus 50 years, and an extension to life plus seventy is not justified.
The reason we have copyright is to protect and encourage innovation and creative works. If there was no copyright at all, then we’d have few authors and movies. However no author or creator is encouraged to produce creative works by the possibility royalties will still flow 70 years after they die.
You could make a principled case that copyright should only apply for the life of a creator. However that could set up an incentive to kill authors to make their works public domain, plus if they have young children it is fair that royalties from their works should continue while their children become adults.
So I think a copyright term of life plus 20 years is what we should have. We should not be always extending the life of copyright to benefit some US corporations. Think if you could never put on a Shakespearean play without having to pay a large fee to the great great great great grand children of Shakespeare.
Copyright is an invented right, which seeks to balance the rights of creators and the rights of users. It is not an natural right such as free speech. It is an important intellectual property right, but extending the term to life plus 70 years will not benefit creators (they will be long dead). It will benefit a few large corporations.