Fair-Use Advocates Seek to Kill Copyright Bill
A coalition of fair-use groups will try to defeat an omnibus copyright bill during the lame-duck session of Congress, which convenes today (Tues.). The coalition -- which includes CEA, CCIA, Public Knowledge, Verizon and the American Conservative Union -- said the legislation would deeply limit public access to content, create a new class of copyright violators and overlook key advantages of new technology in the marketplace.
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It remains unclear whether the bill will make it to a vote on the Senate floor. Sen. McCain (R-Ariz.) put a hold on a section of the legislation before Congress recessed for the Nov. election. Opponents hope they can keep the legislation locked up so it will expire and have to be reconsidered in the 109th Congress with more input from fair-use advocates. “This is a cobbled-together package to which Congress has given inadequate attention. It is another step in Hollywood and the recording industry’s campaign to exert yet more control over content,” said Gigi Sohn, pres. of Public Knowledge.
Of particular concern are provisions that lower the threshold of copyright violation. The language would make it illegal to post online file libraries with more than 1,000 titles. Existing law prohibits only the active transfer of copyrights files. “It is unprecedented to send someone to jail unless they've done something willfully,” said Sarah Deutsch, assoc. gen. counsel for Verizon. As an Internet service provider, Verizon is also concerned about a section of the bill that raises liability for ISPs when their customers are caught file sharing illegally. “This bill is an unwieldy monster,” Deutsch said.
The legislation also gives a new mandate -- and $15 million -- to the Dept. of Justice to investigate and prosecute copyright violators. “It’s just plain wrong to make the Department of Justice Hollywood’s law firm,” said Stacie Rumencamp, deputy dir. of The American Conservative Union. The ACU has launched a media campaign against the bill with ads in conservative newspapers and magazines, including the Washington Times, the Weekly Standard and New Republic.
The coalition also bashed a section of the bill, previously called the Family Movie Act, that would make it illegal to use software or systems which fast forward over commercials. “We supported passage of the Family Movie Act as drafted,” said CEA Pres. Gary Shapiro: “After the bill passed the subcommittee, broadcasters and the motion picture industry had the legislation changed so that technology which allows commercial skipping becomes legally suspect.”
A group of proponents sent a letter to Senate Judiciary Committee Chmn. Hatch (R-Utah) Nov. 10 citing strong support for HR-2391. “The IPPA contains critical provisions designed to protect intellectual property rights, including our copyrighted creations. Collectively, our creative works represent this nation’s greatest export and have become critical to the U.S. economy, accounting for over 11 million domestic jobs,” said the letter signed by 20 organizations including the Business Software Alliance, MPAA and RIAA.
The bill isn’t as bad as fair-use critics say, said David Green, MPAA vp-technology & new media. Specifically, ad skipping wouldn’t be a violation, he said. The new role for DoJ amounts to little more than giving the agency an extra tool to prosecute offenders, he said. Green did concede that the bill would “slightly” lower the standard for copyright violation: “To be guilty, they have to release a lot of files.”
The RIAA also spoke in support of the legislation. “We view this as a very important bill,” a spokesman said: “It includes a number of common-sense tools to strengthen the hand of law enforcement to prosecute intellectual property theft.”