In United States - Section 110(5) of the US Copyright Act (WTO panel report adopted in 2000, DS160),…
The panel found the "business" exemption in Section 110(5)(B) did not meet the requirements of Article 13, noting that it covered a substantial majority of eating and…
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In United States - Section 110(5) of the US Copyright Act (WTO panel report adopted in 2000, DS160), the panel tested two exemptions for playing music in establishments against Article 13 of TRIPS. What did it hold?
Answer and explanation
Correct answer D
The panel found the "business" exemption in Section 110(5)(B) did not meet the requirements of Article 13, noting that it covered a substantial majority of eating and drinking establishments. The narrower "homestyle" exemption in Section 110(5)(A) did meet Article 13, so the two exemptions received opposite verdicts. The panel applied Article 13 to rights under Articles 11bis and 11 of Berne as incorporated by Article 9.1, so Article 13 does reach rights incorporated from Berne.
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