Brussels/Geneva, 09/11/2000 (Agence Europe) - A panel of the World Trade Organisation (WTO) is preparing to announce the "reasonable delay" they have decided for the United States to adapt its copyright legislation to developments in international law. Their decision is due to be announced in the next few days. It will be binding for the United States which has said that it is "technically impossible" to implement the required reform in less than fifteen months. The ruling will also be binding on the European Union, which argued that this deadline was "excessive" and brought the issue before the WTO in Geneva (see EUROPE of 13 September).
The legislation in question was criticised in an earlier ruling of a WTO Panel, whose findings were endorsed by the Dispute Settlement Body on 27 July 2000. The Panel was set up in the weeks following the European Union's appeal and had 90 days to decide on the "reasonable delay" for the United States which means their decision will be made in the next few days.
The US essentially argues that the reforms demanded by Geneva will not be simple to implement since they will have to take a new look at their entire copyright legislation. This rehaul of copyright legislation was put on hold for the US elections and cannot be reasonably completely in less than fifteen months, insists the US. The European Union asserts that the changes that need to be made are straightforward and will not take so long to implement. The measures slammed by the WTO provide the legislative basis for an exemption from the copyright payments that would normally have to be paid in the United States for music in public places such as shopping centres, supermarkets, bars, restaurants, pubs, hotel lobbies and other public areas under Article 9(1) of the Intellectual Property Rights Agreement. The WTO trade Panel only accepted the "home exception" which exempts small businesses from copyright payments on music they listen to while working (see also EUROPE of 20 June and 26 April).