Australia Pushes South Korea Into Life-Plus-70 Copyright Terms As Part Of Free Trade Agreement

from the finally!-now-south-korea's-creators-will-have-a-reason-to-create! dept

When it comes to free trade agreements, the concessions to incumbent copyright industries always seem to be a foregone conclusion. Australia has made some bold steps towards fair use to be implemented in its copyright reform efforts (and in the face of heavy criticism), but on other fronts, it seems more than willing to take several steps back to compensate for any forward momentum. While copyright reform hums away in the background, legislators in the foreground are laying the path for more of the same stuff that hasn't worked anywhere else, like "three strikes" programs and web filtering.

Australia has just put the finishing touches on a free trade deal with South Korea, and hidden amongst the pages of legal wording is a 20-year gift to the copyright industries:

The Australian government today released the final negotiated terms of the Korea-Australia Free Trade Agreement (KAFTA), which is intended to give Australian businesses increased access to the South Korean market, and likewise for businesses from the Republic of Korea conducting business in Australia.

Under the terms of the agreement, Korea will extend its current copyright laws by 20 years to harmonise its copyright laws with Australia, so that both nations will have a copyright term of "not less than the life of the author and 70 years after the author's death", or 70 years after the first performance, recording, or publication of a work. The transition arrangements give South Korea two years to implement the copyright changes.
This puts yet another country on the Bono/Disney gold standard and helps ensure South Korea's public domain will be as impoverished as Australia's and the United States'. This must be the "level playing field" corporate copyright holders envision when they speak grandly about the tech industry "pitching in" to make sure the incumbents are still around to collect these royalties a half-century from now.




Reader Comments (rss)

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  1.  
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    Anonymous Coward, Feb 18th, 2014 @ 7:11am

    Why not just push life+eternity, because that's where it's going and the people today are going to see all the same benefits.

     

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  2.  
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    Anonymous Coward, Feb 18th, 2014 @ 7:14am

    are all negotiations finished on this then? no chance of S.Korea catching on and removing or renegotiating this part?

    what the hell has Australia gained out of this? surely what it has done, like everywhere else, is make things so much better for the entertainment industries IN THE FUCKING USA AGAIN! what the hell is going through the minds of these people when they do things like this? i could understand, though still completely disagree, if the gain was for the industries in their own country and for their own artists, but to keep giving these ridiculous conditions and benefits to someone else, doesn't make any sense to me!

     

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  3.  
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    Anonymous Coward, Feb 18th, 2014 @ 7:19am

    Re:

    what the hell has Australia gained out of this?


    They gain any taxes those companies may pay on the extra revenue from stuff created by people who died between about 1944 and 1964 that is sold in South Korea?

    A stupid reason, yes. But from Australia's point of view, there's no downside since THEIR copyright is already that long.

     

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  4.  
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    Anonymous Coward, Feb 18th, 2014 @ 7:32am

    Hasn't Australia been screwed over enough by copyright through outrageous software pricing compared to the rest of the world? Don't they realize from that how it's a bad idea to force it on others?

     

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  5.  
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    PaulT (profile), Feb 18th, 2014 @ 7:52am

    In before the inevitable troll claiming that South Korea hasn't yet created any culture worth watching just because they're so ignorant that subtitles scare them.

    Sadly, that's so much more reliable a response to this argument that someone actually giving a reasonable, measured reason for such a copyright length that's backed by any real evidence. What, exactly, stands to be achieved from the extra 20 years other than easy profit for corporations?

     

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  6.  
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    Pixelation, Feb 18th, 2014 @ 8:06am

    "Free" trade, for a price.

     

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  7.  
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    jupiterkansas (profile), Feb 18th, 2014 @ 8:10am

    Re:

    Because this would put all the future negotiators out of a job. Better to bring the issue back every decade or so to justify their existence.

     

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  8.  
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    btrussell (profile), Feb 18th, 2014 @ 8:26am

    Re:

    "In before..."

    You've become that which you hate.

     

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  9.  
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    John Nemesh, Feb 18th, 2014 @ 8:31am

    Level playing field

    Yeah, about as level as a city after a nuke...great.

     

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  10.  
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    Anonymous Coward, Feb 18th, 2014 @ 8:50am

    Re: Re:

    wait, since when do these companies pay taxes?

     

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  11.  
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    Not That Chris (profile), Feb 18th, 2014 @ 9:46am

    Naming Choice

    It would seem one might take more care to avoid acronaming (I may have just made that word up) a trade agreement that ends up so close to Kafka.

     

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  12.  
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    Krista, Feb 18th, 2014 @ 10:25am

    Life + 70 was already required under KORUS

    The requirement of a copyright term of life plus seventy was already required in Korea under the terms of the US-Korea FTA (also known as KORUS). Korea did not agree to anything new that it hadn't already agreed to with the US See Article 18.4.4 of the final text here: http://www.ustr.gov/sites/default/files/uploads/agreements/fta/korus/asset_upload_file273_12717.pdf

     

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  13.  
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    David, Feb 18th, 2014 @ 11:20am

    What's with "life +" anyway?

    I can perform the Yiddish songs of Mordechai Gebirtig freely since the Nazis were gracious enough to kill him in the Krakowice Getto in 1942, making his work enter into the Public Domain at least in countries following the "life+70" rule. In contrast, I will never be able to perform the work of Sholom Secundam since he had the audacity to live in the U.S. beyond Walt Disney's demise, and consequently the ever-shifting retroactive copyright extensions keeping Mickey Mouse in Disney Corp.'s claws will also put songs like "Dos Kelbl" eternally out of the public's reach as collateral.

    Any murderer killing any creator of cultural works sufficiently before 1966 (the year Walt Disney died) has caused works to be available to the public that otherwise would have been kept eternally from it and has in this way enriched our culture immensively.

    Can we please stop this perversion?

     

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  14.  
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    David, Feb 18th, 2014 @ 11:30am

    Re:

    What, exactly, stands to be achieved from the extra 20 years other than easy profit for corporations?

    Nothing that would be more important. The Taliban may have levelled the Buddhas of Bamiyan, but destroying the access of the public to culture can be done much more thoroughly and systematically if you let the content marketing empires buy your conscience.

    They pay the decision makers well.

     

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  15.  
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    OMG, Feb 18th, 2014 @ 11:31am

    if we just kill all the artists our grandkids might live to see it enter public domain!!!

     

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  16.  
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    David, Feb 18th, 2014 @ 11:49am

    Re:

    Not while congress is on the payroll of Disney Corp. The Public Domain has never managed to make it beyond the paywall of 1928.

    You should have thought of killing all artists sooner.

     

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  17.  
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    Anonymous Coward, Feb 18th, 2014 @ 12:19pm

    Life + 70 years makes no sense in the modern world. Not even serial killers get that much prison time, so why should someone's labor of love be locked up by corporations for even longer just for existing?

     

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  18.  
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    That Anonymous Coward (profile), Feb 18th, 2014 @ 2:28pm

    I've figured it all out.
    Because it has taken so long for material to be released in Oz, they want to extend the copyrights so that there is a reason for corps to finally get around to releasing it to 26 million potential customers. If there wasn't copyright there would be no money in doing it and Oz would never get these things.

    Or they could point out that content no longer needs to be sailed to Oz, that the "internet" could let them get content there even faster and that they will not change the laws to suit companies who treat them like Ike treated Tina.

    But then I live in a fantasy land where it should not be Governments job to protect a business model that refuses to move forward and become more profitable.

     

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  19.  
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    Anonymous Coward, Feb 18th, 2014 @ 6:54pm

    Re:

    "what the hell has Australia gained out of this?"
    The same as always America's gratitude, when it comes to IP, Copyright, and Patents, we always doy as the USA tells us to do.

    Big Content own the US government (with their "lobbying" and donations), the US government tells others "Do this to keep being friends" and the Australian government says "Sure... We love you USA" (and gets out the lube, ready to be pounded in the.... I digress).

    You only need to look at the fact the the Australian govenment is a backer of the TPP, and that they are looking at graduated response programs (which have been shown not to be effective), that their secret service spies on the US and then give the information to the US (so the US agencies can say their not spying on US citizens), to see that they are so enamoured with the US, they'd rather help out US big business than do right by their citizens.

     

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  20.  
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    Anonymous Coward, Feb 18th, 2014 @ 7:01pm

    Re:

    I think Australian polititions are unsure of what the internet means, and may think the term "information super highway" may refer to a road...

     

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  21.  
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    Kronomex, Feb 18th, 2014 @ 11:33pm

    Don't forget kiddies that our gummint still has to sign the TPP so the copyright extension into the FTA with South Korea shows the US that Moany Crabbitt and Crony Co. are still thinking of them and showing how wonderful they are.

     

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  22.  
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    John Smith, Feb 20th, 2014 @ 12:28am

    And the moral of the story is....
    If you find any content to your liking, hurry up and murder the content creator so that your grand (or great-grand) children will have a chance at enjoying it in all its glory...

     

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  23.  
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    Anonymous Coward, Feb 20th, 2014 @ 2:59pm

    It should be called "Life Plus Life"

     

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  24.  
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    Anonymous Coward, Feb 24th, 2014 @ 5:13pm

    To fill in some of the background. The PROPOSED copyright reform that includes fair use stuff is merely a proposal by a quasi government body called the Australian Law Reform Commission - when given a brief, they research and then propse changes to laws, but itís then up to the government and ministers what proposals to act on. I assume the stuff that grants us extra rights will not be adopted.

    As for the free trade stuff and forcing the Koreans into something, thatís purely Australia towing the line at the request of the US government. We have no interest in it but ourselves get forced into these things with the free trade agreements involving the US.

     

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