Why exporting fair use through TPP is a bad idea

[Commentary] The Huffington Post claims that a “leaked e-mail exposes how Hollywood opposed “fair use” protections in secretive trade agreement." I will assume that this is true because I cannot legally or ethically read anyone else’s stolen and potentially privileged documents. Luckily, I do not need to read a leaked e-mail to know why “Hollywood” opposed proposals to use free-trade agreements (FTAs) to require other countries to “double” their existing copyright exceptions and limitations by adding an open-ended, US-style fair-use exception. I also don’t need access to those e-mails to know that this is, frankly, an awful idea.

“Hollywood” was right on the merits: US FTAs should not “export” either our Communications Decency Act, or our fair-use exception. While US Internet intermediaries inarguably deserve significant legal protections, the fair-use and CDA proposals are ill-conceived, risky and unnecessary. Neither clearly advances our trade-related national interests. Now, hopefully, policymakers do not need to read anyone’s stolen documents to understand why.

[Tom Sydnor is the previous Director of the Center for the Study of Digital Property and the Progress & Freedom Foundation]