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39 Colum. J. Transnat'l L. 75 (2000-2001)
Toward an International Fair Use Doctrine

handle is hein.journals/cjtl39 and id is 83 raw text is: Toward an International Fair Use Doctrine RUT OKEDIJI* The heightened levels of intellectual property protection afforded by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) ostensibly mirror the strength of U.S. intellectual property laws and reflect a national commitment to secure global benefits of intellectual property enforcement for U.S. domestic inventors and creators. TRIPS and its progeny have lent legitimacy to domestic aggrandizement of owners' rights as witnessed recently by the domestic implementation of the WIPO Copyright Treaty and the WIPO Performances and Phonographs Treaty. International treaties of this genre increasingly are the justification for changes to domestic intellectual property law and policy. Some of these changes dilute existing domestic intellectual property policy and threaten specific doctrines that have served to promote the U.S. constitutional vision of 'progress in science and the useful arts. In this Article, Professor Okedgi examines the validity of U.S. arguments that the fair use doctrine is consistent with international obligations, and concludes that U.S. trading partners are correct to suggest that the fair use doctrine does not survive TRIPS. She argues that certain principles of public international law may imply that TRIPS * Edith Gaylord Harper Presidential Professor of Law, University of Oklahoma College of Law; S.J.D. Harvard, 1996; LL.M Harvard, 1991; LL.B Jos (Nigeria), 1989. I am grateful to comments from participants at the Fifth Annual Lewis & Clark Forum, Intellectual Property in the New Millenium: Keeping Pace with Change, October 1, 1999, where I discussed my initial thoughts on this topic and to the University of Minnesota Law School Faculty Works in Progress Seminar, October 12, 2000, where a draft of this article was presented. I am grateful to William Alford, Larry Helfer, Peter Krug and Jerry Reichman, who reviewed, discussed and/or made comments about specific issues raised in and by this article; special thanks to David Lange and Pam Samuelson for generously sparing the time to read the entire article and to provide much needed critique and useful comments; thanks to David Jordan, Chris Kirt and Sally Garrison, who provided, as usual, invaluable research assistance.

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