Chapter 16. Cultural Diversity, Copyright, and International Trade

This chapter argues that the international copyright system, which is now embedded in the international trading system as a consequence of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), has operated at least in relation to some types of copyright-protected cultural goods and services (as defined in the 2005 UN Educational, Scientific, and Cultural Organization (UNESCO) Convention on Protection and Promotion of the Diversity of Cultural Expressions) as a fetter on cultural diversity and self-determination. This effect has been produced by certain aspects of copyright law itself allied with aspects of behavior in the global market for cultural goods and services. The chapter analyses the extent to which these fettering effects have been exacerbated by other WTO agreements. It then considers whether or not the WTO system can be regarded as being in conflict with the emerging international regime for the protection of cultural diversity as embodied in the 2005 UNESCO Convention.