RIAA Suggestions for content of ACTA

RIAA Suggestions for content of ACTA Enforcement - ACTA Thursday, 26 June 2008

 These are the substantive suggestions for provisions of the ACTA that the RIAA sent to the USTR on March 17, 2008.

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Enforcement Best Practices

A.Legal Obligations
Parties shall:
1. Make deterrence against piracy and counterfeiting a priority legal matter.
2. Provide criminal sanctions for any act of copyright infringement that takes place on a commercial scale, including in the online environment, regardless of whether such acts are undertaken with a financial incentive.
3. Make it a criminal offense to import or export, manufacture, sell or otherwise distribute a device or system, or a component of a device or a system, knowing or having reason to know that the device or system is primarily used or designed to circumvent technological protection measures used in conjunction with materials protected by intellectual property rights.
4. Provide monetary fines and sentences of imprisonment for the importation, exportation, distribution, sale or other manner of making available of counterfeit or pirated goods sufficient to deter future infringements, consistent with a policy of removing the infringer's monetary incentive.
5. Provide for the availability of civil and injunctive relief against landlords that fail to reasonably exercise their ability to control the infringing conduct of their tenants.
6. In territories with high rates of production of pirated optical discs, provide for a system of licensing prior to the manufacture or export of optical discs, as well as the import or export of manufacturing equipment, and manufacturing materials, including optical grade polycarbonate, "stampers" and "masters."