Canada - Certain Measures Concerning Periodicals, Report of the Appellate Body, 30 June 1997- WT/DS31/AB/R.
3.
Magder, Ted. "Franchising the Candy Store: Split-Run Magazine and a new International Regime for Trade in Culture in Canadian-American Public Policy". Canadian American Center 34: 49 (1998).
4.
Ibid.
5.
The General Agreement on Tariffs and Trade (1994) (the GATT) reproduces the essential elements of the GATT 1947, and comprises the framework upon which other WTO agreements are built.
6.
"Raising the Stakes over Magazines: Washington Threatens Trade War". Maclean's, 25 January 1999.
7.
United States - Section 110(5) of the US Copyright Act - WT/DS160/5 of 16 April 1999.
8.
Conference Report of the House Committee of the Judiciary Subcommittee on Courts and Intellectual Property, H.R. Rep. No. 94-1733, 94th Congress, 2nd Session (1976) as reproduced in Exhibit US-2. In their first written sub-missions, the European Communities and the United States expressed their views on the background and subsequent application of the original homestyle exemption.
9.
Note 2, p. 65.
10.
Ricketson. Berne Convention
11.
Appellate Body Report on United States - Import Prohibition on Certain Shrimp Products adopted on 6 November 1998, WT/DS58/AB/R, paragraphs 99-110.
12.
In the case the letter from a law firm representing ASCAP was actually written to the United States Trade Representative and only copied to the Panel, a point it notes.
13.
First written submission by the European Communities, paragraph 74; the second written submission by the European Communities, paragraph 34.
14.
The cases that illustrate this apparent bias involve attempts by nations to rely upon the exceptions set out in Article XX of the GATT concerning the protection of animal, plant and human life, and the conservation of natural resources. There is as yet no reporting decision sustaining such a defense.
15.
"Tunis Model Law on Copyright" which has been adopted in 1976 (i.e., after the last reference to "minor reservations" at the diplomatic conference in 1967).
16.
In the literature it has been argued that such exceptions to the rights protected under the relevant provisions of the Berne Convention must be concerned with minimal use, or use without significance to the author. See Ricketson. Berne Convention, op. cit., p. 532-535.
17.
It is not unusual for the WTO to assess trade sanctions in the hundreds of millions of dollars. In the split-run magazine case, when Canada was too slow to implement the WTO ruling, the US threatened to impose retaliatory sanctions in the order of USD 300 million, applied strategically to exports from key Canadian political constituencies such as steel from the riding of its Minister of Culture and Heritage.
