UNITED STATES – SECTION 110(5) OF THE US
COPYRIGHT ACT
Status Report by the United States
Addendum
The following communication,
dated 6 December 2018, from the delegation of the United States to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to
Article 21.6 of the DSU.
Status Report Regarding
Implementation of the
DSB Recommendations and Rulings
in the Dispute
United
States – Section 110(5) of the US Copyright Act
(WT/DS160)
The United States submits this report in accordance with Article 21.6 of
the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU").
On 27 July 2000, the Dispute Settlement Body ("DSB") adopted
its recommendations and rulings in United
States – Section 110(5) of the US Copyright Act (WT/DS160). At the
following DSB meeting, the United States informed the DSB of its intention
to implement the recommendations and rulings of the DSB in connection with this
matter. As a result of discussions to find a mutually acceptable resolution of
the dispute, the United States and the European Communities agreed pursuant to
Article 25 of the DSU to enter into arbitration in order to determine the level
of nullification or impairment of benefits caused by section 110(5)(B) of
the US Copyright Act. After the arbitration, the parties reached a
temporary resolution of the dispute, which was notified to the DSB on 23 June 2003.
That temporary arrangement covered the period through
20 December 2004.
The US Administration will work closely with
the US Congress and will continue to confer with the European Union in order to
reach a mutually satisfactory resolution of this matter.