The National Academy of Sciences has released advanced copies of
its long awaited study,
“Copyright in the Digital Era: Building Evidence for Policy.” The study provides
a roadmap of how copyright laws have changed as distribution of content moves
online.
The multi-year study began well before policy missteps like SOPA
that would have given the entertainment industry new tools to compel others to
police for copyright infringement, but at a significant cost to the digital
economy and legal communication by Internet users.
Many have hoped this study would help provide some direction
aside from what the Government Accountability Office ruled were bogus numbers from
the entertainment industry on the costs of copyright infringement.
The study said additional research on the costs and benefits of
copyright exceptions could help policymakers better understand and determine
the appropriate scope and length of copyright protection as well as safe
harbors and exceptions to copyright.
The NAS report cited one of the Computer & Communications
Industry Association’s Fair Use studies on the economic contributions of
companies relying on copyright exceptions that make up one-sixth of the US GDP.
CCIA’s most recent Fair Use study is here.
The following can be attributed to CCIA President & CEO Ed
Black:
“After years of a more-is-better approach to copyright
protection, it is important to have evidence-based policy making, and we
appreciate the efforts of all those who helped the NAS produce a thorough
report on this issue. We agree with the conclusion that for too long the
copyright policy debate has been ‘poorly informed by independent empirical
research.’
“This thorough new study helps advance the discussion about our
digital economy and copyright rules. This report makes it clear that we must be
careful how we try to fix our copyright system, which has been out of kilter
and biased in favor of the entertainment and content industry for years.
“Any future serious copyright overhaul should start by reviewing
the original principles of the copyright system and the options to achieve
those goals. It’s important to remember that our current copyright regulatory
system bestows enormous legal powers and subsidies. We must evaluate to what
extent these subsidies are justified and what are the costs and consequences of
various, alternative options.
“There is no doubt the copyright system needs major reform, but
attention is needed to ensure that any further copyright enforcement measures
really hit their target and that any real gains do not come at the expense of
other industries that make up our digital economy. More importantly, the Internet has become such a key
communications and economic tool that we should carefully consider what any new
policy would mean for the future of user posted content and other legal
communications. We shouldn’t have to institute Internet censorship in some misguided
attempt to wipe out every instance of online infringement and we’re glad this
report sees the need for balance and care in crafting future copyright reforms.”