QQ.H.7(1)(b) would seem to be in place to cover large-scale file sharing that is not done for commercial gain.<p>At least we have this referring to (b):<p>&gt; 136  A Party may provide that the volume and value of any infringing items may be taken into account in determining whether the act has a substantial prejudicial impact on the interests of the copyright or related rights owner in relation to the marketplace.<p>So if your lawmakers are sane (...) you&#x27;re likely safe singing Happy Birthday.<p>The true problem with (a) comes in regards to fan-made works that are not clearly reviews or parodies, and are thus not under international standards of fair use.<p>For instance, there&#x27;s Japan&#x27;s dojinshi market, valued at US$588mm&#x2F;yr, in which it is common for creators of astonishingly professional-quality arrangements of copyrighted video game&#x2F;anime music (among other things) to charge money for limited runs of physical albums. There&#x27;s no doubt that allowing this to be commercial allows higher-quality productions to be made, and more people to use this as a way to practice their creative skills... this is true of any creative industry.<p>There&#x27;s a real fear that Japan&#x27;s hand may be forced, if they accept the TPP, to criminalize and prosecute this marketplace, even though right now it is considered a crime that can only be prosecuted if the victim files charges. For if they don&#x27;t make and enforce such a law, they&#x27;d be in violation of the broader treaty.<p>For more context, see: <a href="https:&#x2F;&#x2F;www.animenewsnetwork.com&#x2F;interest&#x2F;2015-05-21&#x2F;japanese-government-holds-conference-on-tpp-effects-on-comiket&#x2F;.88431" rel="nofollow">https:&#x2F;&#x2F;www.animenewsnetwork.com&#x2F;interest&#x2F;2015-05-21&#x2F;japanes...</a><p>And lest we think this is limited to Japan, consider that any unlicensed cover bands that charge for gigs anywhere in the world, or sell a demo CD, would be considered criminals. And minimum sentencing does indeed exist in the United States...<p>(IANAL)