Previously leaked reports and drafts of the TPP agreement had showed that the US and Australia were strongly pushing other countries to extend the minimum copyright terms to “life plus 70 years,” up from the international norm of “life plus 50 years.” Mexico was actually pushing for life plus 100 at one point. This seemed bizarre to us. It’s hard to see how anyone could legitimately support extending copyright terms, but the USTR refused to back down. This made no sense, given that here in the US, as we undergo a major copyright reform effort, even the head of the US Copyright Office has admitted that perhaps it’s time to start moving back towards life plus 50 years here in the US.

So, now with the TPP concluded and no one willing to release the actual text, New Zealand has at least admitted that it and Canada caved and agreed to put “life plus 70” into the TPP.

TPP requires New Zealand to move to 70 years as well, but allows for a transition to do this over time.

This change could benefit New Zealand artists in some cases, but the benefits are likely to be modest. Extending the copyright period also means New Zealand consumers and businesses will forego savings they otherwise would have made from books, music and films coming off copyright earlier. The net cost of extending New Zealand’s copyright term from 50 to 70 years will be small to begin with and increases gradually over 20 years, reaching a relatively constant level after that. Over the very long term, including the initial 20-year period, the average annual cost is estimated to be around $55 million.

This is hugely problematic and, once again, shows how even if the TPP doesn’t directly require changes to current US law, at the very least it locks in a very dumb provision that the US has already expressed interest in changing. And now we won’t be able to because an unelected bureaucrat, negotiating behind closed doors with help from the MPAA & RIAA, pushed through provisions like this one.


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