United States - Section 110(5) of the US Copyright Act - Status Report by the United States - Addendum


Status Report by the United States


The following communication, dated 16 November 2023, 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 U.S. Copyright Act



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 July 27, 2000, the Dispute Settlement Body ("DSB") adopted its recommendations and rulings in United States – Section 110(5) of the U.S. 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 U.S. Copyright Act.  After the arbitration, the parties reached a temporary resolution of the dispute, which was notified to the DSB on June 23, 2003.  That temporary arrangement covered the period through December 20, 2004.         


The U.S. Administration will work closely with the U.S. Congress and will continue to confer with the European Union in order to reach a mutually satisfactory resolution of this matter.