[GA - Passed] Repeal: “Foreign Copyright Recognition”

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Chipoli

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Repeal "Foreign Copyright Recognition"
Category: Repeal | GA 232
Proposed by: Heidguadr | Onsite Topic
Replacement: None​


The General Assembly,

Believing that freedom of artistic expression is a cornerstone of a healthy society;

Recognizing the need for artists to receive due compensation for their work; however,

Contending that GA#232 "Foreign Copyright Recognition" works contrary to these fundamental beliefs;

Aggrieved that member nations are permitted to institute policies that are destructive to both artists and member nations alike;

Finds the following:

Article 3's minimum length requirement and lack of any maximum length requirement leads to nonsensical outcomes. For the former, domestic copyright may lapse long before the foreign copyright has. In the latter, a work can remain copyrighted long after the artist and their immediate family are deceased. In either extreme, members are disadvantaged with no justification for doing so.
Article 3 is furthermore troublesome as a nation may change its copyright laws for the express purpose of economically damaging other member nations. Such a form of economic warfare is antithetical to the World Assembly's mission and as such should not be tolerated.
Article 4's limitations and exceptions to copyright when doing so "are clearly in the public interest" are incredibly vague, creating a chilling effect wherein people who might be entitled to use the work under these exceptions refrain from doing so out of fear of litigation.

For these reasons, hereby repeals GA#232 "Foreign Copyright Recognition".
Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!


ForAgainstAbstainPresent
12200
 
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Overview
"Repeal: 'Foreign Copyright Recognition'" by Heidgaudr seeks to repeal GA#232, a resolution designed to protect copyright across the WA. It argues the target resolution effectively creates the possibility for absurd outcomes with foreign copyright far outlasting domestic copyright or otherwise lasting an unnecessarily long period of time. It further claims that the target resolution is too exploitable, because by leaving the determination of the length of foreign copyright protection largely up to the domestic law of the state from which the content originated, it allows for member states to change their copyright laws to economically damage other nations. Finally, it claims that the resolution's allowance for exceptions for foreign copyright are too vague and are too open to litigation.

Recommendation
The resolution makes a compelling case for the target's repeal. The resolution fails to accomplish the goal of protecting authors and artists. It allows for foreign copyright recognition to last for either an arbitrarily long date or for an absurdly long date established by a member state with extremely long durations for copyright protections. It also harms member states, by making them vulnerable to abusive economic behaviour by cultural powers, and by exposing them to litigation through the vagueness of the resolution's text. Overall, "Foreign Copyright Recognition" is poorly conceived policy, and the repeal makes a convincing case for its repeal.

For the above reasons, the Ministry of World Assembly Affairs recommends a vote For the General Assembly resolution at vote, "Repeal: 'Foreign Copyright Recognition'".
 
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Against. It's more of the philosophical arguments behind the repeal that I dislike rather than whether I am against the fact of there being a repeal.
 
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