The report points out that these numbers likely understate the total contribution of the copyright industries to the digital economy, because the BEA’s digital economy classification does not encompass the full range of the copyright industries’ digital activities. [...] Some three years after filing an application to block access to the piracy site Sci-Hub, the matter remains pending, despite the operator’s own categorial admission to the court that plaintiff publishers are the copyright owners of the works illegally obtained and posted to the site. [...] They are also inconsistent with the three-step test governing exceptions and limitations in Article 9(2) of the Berne Convention, Article 13 of the WTO TRIPS Agreement, and the corresponding provisions of the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) (collectively, the WIPO Internet Treaties), each in force in Ecuador since 2002. [...] While the act states that it does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of its exploitation, it does not expressly distinguish between use for commercial or non-commercial purpose, nor does it expressly require lawful access to the works in question. [...] In particular, key definitions and rights should be clarified to ensure they are consistent with the treaties, including the definition of “sound recordings” and the rights of communication to the public, broadcasting, and making available, which should be separately enumerated and defined.
- Pages
- 241
- Published in
- United States of America
