US copyright lobby madness

The US copyright lobby (as represented by the “International Intellectual Property Alliance”, a confusingly named consortium of US copyright lobbying groups) has just done a report on the failures of the rest of the world to properly protect its members’ intellectual property. We care, because it submits this report (solicited? unsolicited?) to the US Trade Rep who basically adopts it wholesale in its annual report of what to do next. (The US Trade Rep is the strong-arm of US policy, basically “encouraging” other countries to adopt legislation and policies that favor US interests. Contact USTR lists some relevant numbers and address.)

Michael Geist (a Canadian Internet and copyright law scholar) wrote a terrific analysis of the report. He does a beautiful job of contextualizing it within the US’ climate of copyright extremism.

# For instance, the report criticizes the rest of the world for not adopting the US version of the much-criticized and highly problematic anticircumvention provisions of the 1998 DMCA.

# Second, the report criticizes countries that seek to adopt some of the consumer-friendly provisions that US law still contains (e.g., fair use in Israel; time shifting in New Zealand; compulsory licensing regimes around the world).

# Third, the report criticizes countries that attempt to promote educational, privacy, and cultural initiatives, such as copyright exceptions for students in South Korea, Brazil and Canada; privacy protections for Greece; etc. The report criticizes countries that have failed to adopt the life+70 years copyright extension — an extension which even the US Register of Copyrights, MaryBeth Peters, acknowledged was probably a mistake.

Of particular interest to me, the report criticizes Italy, Greece, and Mexico for not implementing the US version of the Section 512 takedown procedure. Greece includes some privacy provisions, and Italy and Mexico haven’t done it yet at all. Just as well, because the hastily-enacted and poorly-thought-out provisions have created a lot of problems here in the US. See Heins Beckles 2005, Urban / Quilter 2006, and Quilter/Heins 2007.

Go read Michael Geist’s article.