U.S. Copyright Waived in Antigua and Barbuda

GENEVA — The nation of Antigua and Barbuda has been granted the right to waive U.S. copyrights pertaining to film, TV and music under a ruling by the World Trade Organization that stemmed from the U.S. government’s ban on online gambling.

The decision allows the island nation to violate U.S. intellectual property protection totaling $21 million per year, resulting from the WTO’s conclusion that the U.S. erred in blocking online gambling companies operating out of Antigua from accepting American wagers while still allowing online wagering on horse racing.

The award for Antigua is far lower than the $3.44 billion per year that Antigua had sought in its action, but much higher the $500,000 that the U.S. had offered in negotiations.

The unusual ruling from the WTO was predicted by adult industry attorney Larry Walters in an article published in the September issue of XBIZ World magazine.

“The ruling in this case is the worst-case scenario for U.S. media interests,” Walters told XBIZ. “It allows Antigua to completely ignore intellectual property protection and presumably distribute DVDs, books, websites and other media without fear of copyright infringement claims.”

Walters said that theoretically, Antiguan citizens, or even the government of Antigua and Barbuda itself, could set up a “Napster type site” and offer subscriptions to members throughout the world without fear of penalty from U.S. authorities.

“The news is even worse for patent holders, whose valuable patent rights — like those protecting brand name pharmaceuticals — can now be summarily disregarded by Antiguan businesses,” Walters said. “However, it is much more difficult to traffic in bootlegged products than to simply offer infringing material online. Customs and border authorities can regulate the influx of illegal products into foreign nations, but infringing movies and pictures distributed over the Internet are not subject to the same controls.”

The ruling might have a silver lining for the online gambling industry, Walters said, as the WTO’s decision will “put significant pressure on U.S. authorities to reverse their prohibitionist stance on Internet gambling services from foreign countries.”

Walters noted, however, that the possibility of an eventual lifting of the U.S. ban on Internet gambling doesn’t help American content producers with their intellectual property concerns in the short term.

“In the meantime, adult webmasters and content producers are exposed to substantial losses resulting directly from the hard-headedness of the Justice Department, which refuses to recognize that the vast majority of U.S. citizens do not want government-imposed prohibition on Internet gambling, and which insists on advancing a paternalistic agenda in an effort to pander to certain moral values voters,” Walters said.

“Although this is a sleeper issue now, it could become a significant concern in the upcoming presidential election as U.S. businesses start to feel the sting from the dilution of their intellectual property rights,” he said.

Read the WTO's Decision

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

MYLF Drops New Feature 'The House Bunny' for VIP Members

MYLF has released the full version of its latest feature, "The House Bunny," starring April MYLF of the Month Bunny Madison, exclusively for its VIP subscribers.

Baby Gemini Stars in Latest Release From Ricky's Room

Baby Gemini stars with Damion Dayski in "One Ticket to Pound Town," from Ricky's Room.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Molly Little Headlines 1st Installment of Seth Gamble's 'Luminati'

LucidFlix has released the debut installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring Molly Little.

Emma Rose Stars in 'Shifting Gears' From TransAngels

Reigning and two-time XBIZ Trans Performer of the Year Emma Rose stars with Tony Genius in "Shifting Gears," from TransAngels.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Bella Rolland Toplines 'The Sex Impulse' From Sweet Sinner

Bella Rolland headlines "The Sex Impulse," the latest release from Mile High Media studio brand Sweet Sinner.

Show More