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onday began yet another negotiating round for the Trans-Pacific Partnership (TPP) trade agreement, this time in San Diego. To the amazement of everyone, the US Trade Representative (USTR) announced on July 3 it would now include a provision in the intellectual property (IP) chapter recognizing the importance of “limitations and exceptions” to copyright and embracing the international 3-part test for what constitutes suitable limitations and exceptions. (For those not familiar with this term of art, “limitations and exceptions” are things like Fair Use and First Sale Doctrine in the United States. As the name implies, limitations and exceptions to copyright limit the rights of the copyright holder and create exceptions to the general rule against copying without permission.)

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Let me use an analogy to explain why this is, nevertheless, a big deal. For USTR to publicly embrace limitations and exceptions as “an important part of the copyright ecosystem” is the equivalent of The Pope saying: “in some cases, birth control is a good thing because it allows married couples to have sex without procreation, deepening their emotional bond with one another.”