Copyright and NAFTA Renegotiations

On May 18, 2017, the United States Trade Representative informed the Congress of the Trump administration’s plans to renegotiate the North American Free Trade Agreement (NAFTA). The first round of negotiations started on August 16, 2017, in Washington, DC. The agreement, which came into force in 1994, includes various intellectual property provisions. Due to technological developments since the original negotiations, various stakeholders have expressed their views on the intellectual property priorities and policies that the renegotiations should address. Letters addressing these views are collected below.


CreativeFuture | September 14, 2017

Music Industry | September 9, 2017

Property Rights Alliance and others | September 2017

Small and Medium-Sized Enterprises and Individual Creators | August 16, 2017

U.S. Chamber of Commerce | August 15, 2017

Press Releases

CreativeFuture & USAlliance For Music | 50,000+ American Creators Call On U.S. Trade Representative To Strengthen Copyright Protections in the North American Free Trade Agreement

Media Coverage

Neil Turkewitz | Re:Creating Reality: NAFTA, Dangerous Harbors & Unfair Use | “Every once in awhile, one encounters an article in which there is no central mistake but rather a series of equally flawed observations cascading on one another, and like Jenga, addressing one structural element doesn’t necessarily bring down the edifice, regardless of the structural infirmity of the remaining architecture. This was on display in a recent article published by Joshua Lamel, Executive Director of the Re:Create Coalition, entitled: “Entertainment trade associations looking for opportunity to push a false narrative.”

The Hill Op-Ed | New NAFTA must protect American innovation and creativity — not punish it | “This week in Washington, D.C., diplomats from the United States, Canada and Mexico are re-negotiating the North American Free Trade Agreement (NAFTA), and the talks are “moving at warp speed,” according to U.S. Trade Representative Robert Lighthizer.”

The Hill Op-Ed | Strong copyright protections in NAFTA renegotiations are needed to protect rights of creatives | “I was recently in Washington, D.C. with CreativeFuture, an organization that advocates for the rights of creatives.

I spoke with policymakers about copyright and trade while President Trump’s landmark NAFTA renegotiations were underway. There is much at stake in these discussions, including the ability of millions of American workers to make a living in entertainment and other copyright industries.”

Variety | CreativeFuture Pushes Back on Internet Industry’s Claim That They Are ‘New Faces’ of Content | “WASHINGTON — CreativeFuture, the coalition of entertainment and media industry groups and creative professionals, is pushing back on claims from internet firms that they represent the “new faces of the American content industry.”

A group of tech and internet trade groups, including the Internet Association, sent a letter to U.S. Trade Representative Robert Lighthizer late last month outlining their wish list as negotiations proceed on an update to the North American Free Trade Agreement. In the letter, they said that they represent the “new faces” of content, given that such platforms as Netflix and Amazon are among their ranks.”

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