Library Copyright Alliance and Others Release "Concerns with April 2010 ACTA Text"

The Library Copyright Alliance and other organizations have released "Concerns with April 2010 ACTA Text."

Here's an excerpt:

The proposed statutory damages language in Article 2.2.2 differs from section 504(c) [of the U.S. Copyright Act] in several critical respects. First, section 504(c)(2) directs the court to reduce statutory damages in cases of innocent infringement. If the court finds that the infringer was not aware and had no reason to believe that its acts constituted infringement, the court can reduce the award to $200. And the court can remit statutory damages altogether if a library, archives, or educational institution believed that its copying was a fair use. In contrast, Article 2.2.2 make no provision whatsoever for innocent infringement. By mandating statutory damages without relief for innocent infringement, ACTA could subject U.S. entities to significantly greater damages overseas than in the U.S., thereby discouraging international expansion.