The EU has published a new report, United States Barriers To Trade and Investment Report For 2008, that warns that EU members may no longer work with the US if American IP laws aren’t changed to reflect World Trade Organization rules. In Section 7.1 of the Report (Copyright and Related areas) the text reads “Despite a number of positive changes in U.S. legislation following the Uruguay Round, copyright issues are still problematic due to Section 110(5) of the 1976 U.S. Copyright Act

(“Irish Music” case). Despite losing a WTO case on the issue, the U.S. has not yet brought its>Copyright Act into compliance with the WTO Agreement on Trade Related Aspects ofIntellectual Property Rights (TRIPs). The EU has safeguarded its rights to suspend trade benefits granted to the U.S. if the Copyright Act is not amended.

Furthermore, European industry complains that producers and performers do not enjoy

broadcasting rights or public performance rights in the U.S. The U.S. has not joined the Rome Convention of 1961, which recognises these rights, and it has taken an exception under the World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty (WTTP) of 1996, actively excluding them. To the contrary, the EU does grant rights to both producers and performers since 1992, through the Rental Directive (2006/115/EC). Consequently U.S. right holders are protected in a large number of EU Member States. align=left>Although the U.S. has acceded to the Berne Convention in 1989, which contains an obligation to make moral rights available for authors, these rights are recognised only to a very limited extent in U.S. legislation.