CCIA Comments on Commerce Department’s Comprehensive Copyright Report
7/31/2013
A new paper on copyright gives an
extensive and balanced overview of the problems and challenges currently being
handled by the courts, policymakers and within the private sector. But it gets it backwards when it comes
to recommendations by recommending government action in areas the private
sector is already addressing, and recommending little action where government responses
are needed.
The Commerce Department has issued its
101-page green paper on copyright, titled "Copyright Policy, Creativity, and Innovation
in the Digital Economy". The paper comes from a process that was part of the Internet
Policy Task Force, launched in early 2010 by the Administration.
The Computer &
Communications Industry Association has been a long time advocate of balanced
copyright policy. The following
can be attributed to CCIA Vice President for Law & Policy Matt Schruers:
“The Commerce Department’s
far-reaching study is a valuable resource to understanding the complex
landscape of our current copyright system, but its recommendations come up
short.
“Despite giving a balanced
overview, and recognizing the importance of both rights and exceptions in
copyright, the report’s recommendations focus on intervening in existing
private sector efforts, while overlooking problems that only the government can
solve. It suggests little to help industry combat piracy through marketplace
alternatives, and instead dwells largely on enforcement, where industry best
practices exist and voluntary initiatives are already underway.
“The best defense is a
good offense; the government needs to do more than focus on defensive,
enforcement issues, and help industry go on the offense in the marketplace, by
crafting solutions to help new services navigate licensing gridlock, technology
discrimination, and poor registry information. An ‘all stick, no carrot’ approach to converting
infringements into sales will not succeed.”