A Great Day for Creators
Thursday, September 11th, 2008 by Patrick Ross
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It is in my humble opinion a no-brainer that everybody wins when copyright laws are better enforced. Creators see their rights upheld. Both creators and their partners in distribution earn more due to a decrease in lost sales. Federal, state and local governments see tax revenue increases as goods that are taxed (legitimate creative works) are bought vs. untaxed goods (counterfeits). And society benefits, as the incentive remains for those works to be created to begin with.
The Senate Judiciary Committee demonstrated their understanding of that earlier today with the overwhelming passage of S. 3325, the Enforcement of Intellectual Property Rights Act of 2008, authored by Chairman Leahy (D-VT) and ranking Republican Specter (PA). It was nip-and-tuck for a time; not because the bill is controversial, but because it didn’t appear for some time that there would be a quorum. (Specter killed some time telling a story about how former senator Strom Thurmond tackled and hogtied a committee chairman to avoid being considered part of a quorum. No such theatrics today.)
The bill was amended in several ways. First, Senator Grassley (R-IA) added two amendments, one that includes the Dept. of Agriculture in the list of agencies participating in IP enforcement coordination, and the other allowing a transition from the current federal IP coordination regime to the new one. Leahy added a manager’s amendment that should silence some critics. Addressing privacy concerns, the bill now says law enforcement will be required to obtain an appropriate protective order for forfeitures, ensuring the privacy of any information obtained. Some offenses will not even rise to the level of civil forfeiture. The adopted amendment also makes clear that the IP coordinator is in fact just a coordinator, and will not be directing any operation, law enforcement or otherwise.
One senator to vote for the bill was Senator Hatch (D-UT), a former chairman of the committee. He also asked to be added as a co-sponsor of the bill, and noted that he and Senate Finance Committee Chairman Baucus (MT) had just introduced complementary legislation that seeks to put teeth into the Section 301 process the US uses to monitor countries not fully complying with IP treaty obligations.
Should it come to a vote on the Senate floor, there is no doubt that it would pass overwhelmingly, as the PRO-IP Act did in the House (409-10). If S. 3325 does pass the Senate I have every reason to believe the House would pass it as well and it would be off to the President for his signature. But there’s always a fear of a Senate hold, and there has been word of concerns about the cost of the bill, even though it’s revenue positive because every one dollar in enforcement would lead to three dollars in tax revenues, according to a study by the economics firm LECG. The Copyright Alliance is communicating with key senators and staff, sharing with them the economic benefits of copyright enforcement in both jobs and economic growth.
So for all of you who wish to see the rights of creators enforced, keep your fingers crossed. A big hurdle was passed today with a strong vote of support. We’re just a couple of steps away from something to really celebrate.
