Espinel releases Joint Strategic Plan on IP Enforcement

White House IP Czar Victoria Espinel has released the 2010 Joint Strategic Plan on Intellectual Property Enforcement, as mandated by Section 301 of the 2008 PRO-IP Act. Here is Espinel's blog post summarizing the Plan. An excerpt:

Now, more than ever, we need to protect the ideas, artistry, and our reputation for quality, provide our businesses with the incentives to make each new product better, reduce crimes related to intellectual property infringement and keep dangerous counterfeits out of our supply chain to protect our citizens. Strong intellectual property enforcement will help us to accomplish that. The Obama Administration has always embraced the free flow of information, online collaboration, and fair use by average citizens, which are also helping to advance our society and economy every day -- this strategy does not target legitimate and legal activity. The Administration is technology-neutral, using both proprietary and open source platforms on the web and all content on WhiteHouse.gov is public domain, making it an active participant in the online communities of the 21st Century.

I'll have more to say once I get the chance to read the Plan.

Politico: IP Czar's report due this week

Reports Politico:

Industry sources tell POLITICO they expect White House Intellectual Property czar Victoria Espinel to drop her much-anticipated IP report this week. Her recommendations could reach the vice president’s office Tuesday and go public Wednesday, just in time for the Senate Judiciary Committee’s scheduled IP oversight hearing.

I believe the report in question is the "Joint Strategic Plan," mandated by Section 301 of the 2008 PRO-IP Act, and whose contents are described at Section 303. Earlier this year, Espinel's office sought public comments in anticipation of releasing the report.

Here's a link to the notice of the Senate Judiciary Committee's June 23 oversight hearing, which will feature testimony from Espinel, Warner Bros. CEO Barry Meyer; Paul E. Almeida, President, Department for Professional Employees at the AFL-CIO; David Hirschmann, President and CEO of the US Chamber of Commerce's Global Intellectual Property Center; and Caroline Bienstock, President and CEO of independent music publisher Carlin America.

IP Czar posts public comments; Public Knowledge inspires copycats

Back in February, White House IP Czar Victoria Espinel solicited comments from the public about two topics: 1) "the costs to the U.S. economy resulting from intellectual property violations, and the threats to public health and safety created by infringement"; and 2) "recommendations from the public regarding the objectives and content of the Joint Strategic Plan and other specific recommendations for improving the Government’s intellectual property enforcement efforts."

The public -- or about 1,700 members of it -- has now spoken. And Espinel's office has now posted to the web what they had to say. I've only clicked through to a small percentage of the comments. Many written by individual artists and creators calling for strong copyright protection note that they were informed of the request for comment by the Copyright Alliance. I also came across a ton with identical language apparently copied and pasted from Public Knowledge's web site. ("Remember to add your name at the end of the comments, below the 'Sincerely,'" PK helpfully reminded visitors.) I realize PK gave all these people permission to do what they did, but when you're discussing copyright, wouldn't you think it important to be just a little bit creative?

IP Czar to public: Give me your ideas for IP enforcement

Victoria Espinel, the newly-confirmed White House Intellectual Property Enforcement Coordinator -- aka "IP Czar" -- is asking the public for input on the costs of infringement, and how best to combat it. In a notice published today in the Federal Register, Espinel, whose position was created by the 2008 PRO-IP Act, seeks written submissions on two topics: 1) "the costs to the U.S. economy resulting from intellectual property violations, and the threats to public health and safety created by infringement"; and 2) "recommendations from the public regarding the objectives and content of the Joint Strategic Plan and other specific recommendations for improving the Government’s intellectual property enforcement efforts." The "Joint Strategic Plan" is itself mandated by Section 303 of the PRO-IP Act, which passed the House 410-11 and by unanimous consent in the Senate, and was signed into law by then-President Bush on October 13, 2008. Submissions are due March 24, and should be sent to intellectualproperty@omb.eop.gov.

Today on the White House blog, Espinel introduced herself and the goals she has for her office:

Intellectual Property and Risks to the Public

Posted by Victoria Espinel on February 23, 2010 at 02:22 PM EST

Hi, I am Victoria Espinel, the U.S. Intellectual Property Enforcement Coordinator. I am honored to have been appointed by President Barack Obama and confirmed by the U.S. Senate to serve in this new position created by Congress in the Prioritizing Resources and Organization for Intellectual Property Act of 2008. Given the unique nature of this job, I’d like to describe what I’m doing in my office and how we want to engage the public to get input on what we, as a government, should be doing.

While talking about our global competitive advantage at a recent town hall meeting in Ohio, the President said, “One of the problems that we have had is insufficient protection for intellectual property rights”–and it is important that our ideas are protected. In December 2009, the Vice President, joined by Cabinet members and other senior government officials, held a roundtable discussion to emphasize the Administration’s commitment to enforcing laws against intellectual property theft.

Intellectual property are the ideas behind inventions, the artistry that goes into books and music, and the logos of companies whose brands we have come to trust. My job is to help protect the ideas and creativity of the American public. One of the reasons that I care about this is because I believe it is enormously important that the United States remain a global leader in these forms of innovation – and part of how we do that is by appropriately protecting our intellectual property. Our intellectual property represents the hard work, creativity, resourcefulness, investment and ingenuity of the American public. Infringement of intellectual property can hurt our economy and can undermine U.S. jobs. Infringement also reduces our markets overseas and hurts our ability to export our products. Counterfeit products can pose a significant threat to the health and safety of us all. Imagine learning that the toothpaste you and your family have used for years contains a dangerous chemical. U.S. Customs officials have seized several shipments of counterfeit toothpaste containing a dangerous amount of diethylene glycol, a chemical used in brake fluid, and that in sufficient doses is believed to cause kidney failure. All of these are reasons why your government has renewed its efforts to challenge this illegal activity.

My job is to help coordinate the work of the federal agencies that are involved with stopping this illegal behavior. We are going to work together to develop a strategy to reduce those risks to the public, the costs to our economy and to help protect the ingenuity and creativity of Americans. We want to be able to reduce the number of infringing goods in the United States and abroad. The examples are almost endless: counterfeit car parts, illegal software, pirated video games, knockoff consumer goods, dangerous counterfeit medicines, and many other types of products – including very sophisticated technology. Our goal is to better use taxpayer dollars and other government resources to be more effective in reducing any threat to our economy and our safety.

To further these goals, we are working to find ways of measuring these threats and their impact on us. How many jobs depend on the existence of intellectual property? What are the greatest risks to health and safety? We need better data on these questions and it is part of my job to figure out what the answers are. We cannot do that without your help. So, my office is asking the public to give us information about the costs and the risks – and then give us suggestions for what we could be doing better as a government. As a first step, we are issuing a notice to the public asking for your input. Here’s a link to this request (pdf). You can send your comments to intellectualproperty@omb.eop.gov. We look forward to hearing from you.

Espinel Confirmed to 'IP Czar' post

It's now official: Victoria Espinel was confirmed by the Senate yesterday as the first White House Intellectual Property Enforcement Coordinator, better known as the "IP Czar."

The PRO-IP Act, which created the position to which Espinel was named, also requires that the Justice Department make annual reports on federal IP enforcement. Here's the first such report, released in October:

2008-2009 Pro-IP Act Annual Report
(h/t Wired)

MPAA's Glickman seeks Hill support for ACTA

After weeks of false charges that the Anti-Counterfeiting Trade Agreement currently under negotiation would eliminate "DMCA-style safe harbors" or make it "impossible to run a service like Flickr or YouTube or Blogger," copyright owners are finally fighting back. Today MPAA Chairman and CEO Dan Glickman sent a letter to Senate Judiciary Committee Chairman Patrick Leahy and other congressional leaders on copyright issues, asking the lawmakers to to lend their weight to the fight for the agreement:
MPAA letter re ACTA

Glickman also addresses the issue of transparency, acknowledging that the process, which has been opened to select participants from industry and interest groups but not the general public, has "foster[ed] apprehension over the Agreement’s substance" and created a "distraction." Glickman calls for the Administration and Congress "to provide for continued transparency as the negotiation moves forward." I'd go a bit further and suggest that, from now forward, USTR and other participants should do whatever is permissible under the law to explain exactly what ACTA is and would do; secrecy (though sometimes necessary) has the unfortunate effect of allowing the falsehoods and conspiracy theories to spread unchallenged.

Also today on Capitol Hill, the Senate Judiciary Committee today unanimously approved the nomination of Victoria Espinel to be the first White House Intellectual Enforcement Coordinator, better known as the "IP Czar." Here are the Judiciary Committee materials on Espinel, including her responses to the committee's questionnaire.

Update: Here's Public Knowledge's response to the MPAA letter. And make sure to read Nate Anderson's take on the MPAA letter in Ars Technica.

Sydnor on IP Czar nomiee Espinel: 'widely respected...hard-working, substantive, pragmatic and sensible'

Tom Sydnor of the Progress & Freedom Foundation has one of the most substantive takes I've read on IP Czar nominee Victoria Espinel, and the position she will assume if confirmed. Sydnor is a big fan:

Personally, I conclude that President Obama selected an excellent nominee. Indeed, I can't think of anyone better endowed with the experience, expertise, and judgment needed to be a successful Coordinator.

***

[A]n ideal nominee for the role of IP Coordinator would possess (1) deep familiarity with the various agencies and personnel now involved in aspects of intellectual property law and policy; (2) proven and widely respected expertise and judgment, and (3) close connections to USTR.

From personal experience, I can report that President Obama's nominee for IP Coordinator, Victoria Espinel, satisfies all three criteria. During the last Administration, I served as an advisor on copyright law and policy in USPTO's Office of International Relations. Because much of my work involved either our always colorful IP relations with China or the U.S.-Korea Free Trade Agreement, I often worked closely with the excellent IPR team at USTR.

The leader of USTR's IP-related efforts was the Assistant United States Trade Representative for Intellectual Property and Innovation, Victoria Espinel. She was very widely respected because she was hard-working, substantive, pragmatic and sensible--she could analyze details with the best of the experts and then explain their implications in plain terms to politicians and foreign officials.

Espinel's confirmation hearing before the Senate Judiciary Committee is set for 2:00 p.m. EST tomorrow; the committee's web site indicates that the hearing will be webcast.

IP Czar confirmation hearings set for November 4

The Senate Judiciary Committee has scheduled the confirmation hearings for Victoria Espinel's nomination as the first U.S. Intellectual Property Enforcement Coordinator -- aka "IP Czar" -- for this Wednesday at 2:00 p.m. Espinel's nomination received widespread praise when it was announced September 25, and I'm unaware of any opposition that has arisen since. Senate confirmation appears to be a foregone conclusion; shortly after Espinel was named, Judiciary Committee Chairman Patrick Leahy (D-VT) said of the nominee:

I am pleased that today President Obama announced that he intends to nominate Victoria to this important position. Intellectual property is among our most valuable, and most vulnerable, assets. I believe Espinel’s experience will prove valuable in this inter-agency, and I look forward to working with her and the administration strengthen and enforce the laws protecting our intellectual property.

Leahy, a longtime champion of copyright owners, was a co-sponsor of the PRO-IP Act, which established the IP Czar position in the Executive Office of the President. The PRO-IP Act passed the House 410-11 and by unanimous consent in the Senate, and was signed into law by then-President Bush on October 13, 2008.

IP 'Czar' nominee Espinel bows to boffo reviews

It's only been a few hours since President Obama named former USTR and Senate staffer Victoria Espinel as the first-ever US Intellectual Property Enforcement Coordinator, aka "IP Czar," and the reviews are already coming in. The verdict? They like her! They really like her!

Dan Glickman, Chairman & CEO, MPAA:

We applaud President Obama’s decision today to nominate Victoria Espinel as the administration’s Intellectual Property Enforcement Coordinator. Given her extensive experience working on intellectual property issues as the former Assistant United States Trade Representative for Intellectual Property and Innovation along with her work as the chief U.S. trade negotiator on IP issues before the World Trade Organization, Espinel brings a wealth of knowledge and expertise to the position. We look forward to working with her in this new and increasingly important role.

Intellectual property industries are an essential economic engine to the U.S. economy. The motion picture industry alone employed over 2.5 million workers in 2007 and paid more than $41.1 billion in wages to employees working behind-the-scenes and in front of the camera. We commend the administration for appointing such a capable and experienced advocate for the artists and creators who make their living by creating the content that is not only loved by millions of consumers around the world, but that is a significant contributor to the American economy.

Mitch Bainwol, Chairman & CEO, Recording Industry Association of America:

We warmly welcome the decision of President Obama to nominate Victoria Espinel as the new Intellectual Property Enforcement Coordinator. Victoria is a polished and respected veteran on intellectual property and global trade-related issues. Throughout her distinguished career, she has worked to establish herself as one of the top minds in the global intellectual property forum. She brings an impressive track record to this newly-created but vital position. This valuable expertise will help protect the American jobs, ingenuity and creative innovation that helps drive so much of our economy. We encourage Congress to move quickly to approve her nomination.

Victoria has a full plate in front of her. In this challenging economic environment, the importance of developing and implementing common-sense solutions to protect our nation’s intellectual property industry and promote innovation cannot be underscored enough. A vigorous defense of intellectual property strengthens our ability to compete as a world leader in global commerce. As numerous studies have attested, intellectual property is a unique growth driver for this country, employing more than 5.6 million U.S. workers and contributing more than $889 billion to the U.S. GDP. We are confident that Victoria is up to the task.

Joint statement of SAG, WGAW, DGA, AFTRA, and IATSE:

We welcome the announcement today by President Obama of the nomination of Victoria Espinel to the position of this Administration's Intellectual Property Enforcement Coordinator. There is no issue more important to our unions than the protection of the films and television programs that our members create. Too often in public debate these works are given the abstract labels of "content" or "information." In reality however, they are much more than that-they are one of our country's greatest economic and cultural contributions loved by both the American public and by billions around the world. And, most importantly, they are not abstractions, they represent real jobs and real income to millions of people in this country. We look forward to working with our Administration, Congress and the new IP Enforcement Coordinator to ensure that our films and television programs are respected and protected both here and abroad so that our children and grandchildren may enjoy them as we do today.

Gigi Sohn, President, Public Knowledge:

We congratulate Victoria Espinel on her nomination to be the Intellectual Property Enforcement Coordinator. She is well qualified for the position, having served as the assistant U.S. Trade Representative for Intellectual Property and Innovation. We look forward to working with her upon confirmation by the Senate. We believe she will be fair in her approach to intellectual property enforcement issues.

NBC Universal, Inc.

We applaud the Administration for its action today in filling this critically important position. This new White House executive, once confirmed by the Senate, should be well-positioned to ensure that American innovation and creativity generate American jobs. We look forward to working with the administration, and the nominee once confirmed, to protect and grow well-paid IP jobs that will help the US economy recover from the recession and thrive in the 21st century.

Mark T. Esper, executive vice president, U.S. Chamber of Commerce’s Global Intellectual Property Center

Last year, Congress passed the bipartisan PRO-IP Act to protect the ownership rights of inventors and creators while ensuring the products consumers use are authentic, safe and effective. President Obama’s choice of Victoria Espinel as the nation’s first IP enforcement coordinator is significant, and marks an important step towards fulfilling the promise of the PRO-IP Act.

Throughout a long and distinguished career working on intellectual property issues, Victoria has been on the front lines of efforts to protect the ideas that are the basis of our innovation economy. Under Victoria’s leadership, intellectual property protection, promotion, and enforcement will now be rightly elevated to the highest level of the executive branch, an important sign about the administration’s commitment to protecting jobs throughout America’s IP-intensive industries.

Growing the economy, improving America’s competitiveness, and protecting ideas go hand-in-hand because our economy is built on IP-driven innovation. In these uncertain economic times, it is more critical than ever that our government aggressively protect the rights of innovators and artists who are turning ideas into full-fledged inventions that create jobs and meet the public’s needs.

In the coming weeks and months, we look forward to learning more about IPEC’s plan to tackle the IP challenges that face the nation. We are anxious to work with Victoria on the development of the first comprehensive national strategy, as mandated by Congress, to address the full range of IP issues now facing American industry, workers, and consumers. Today’s nomination is a positive development towards fully implementing and funding the PRO-IP Act, and we hope President Obama and Congress will continue this important work by ensuring Victoria has the resources and authority necessary to get the job done.

Patrick Ross, Executive Director, Copyright Alliance:

The Copyright Alliance congratulates President Obama on his selection of Victoria Espinel to serve as the first U.S. Intellectual Property Enforcement Coordinator. Her leadership roles at the Office of the U.S. Trade Representative not only put her front and center in intellectual property promotion and enforcement, they also allowed her to demonstrate her ability to work with multiple agencies and stakeholders in a productive, effective manner.

Today’s appointment is the welcome culmination of many months of work toward a more streamlined approach to intellectual property enforcement by the federal government. This appointment and its locale within the Office of Management and Budget is a strong sign by the Administration that it believes in the importance of creators’ rights and seeing those rights are enforced here and abroad.

Now the real challenges begin. The copyright community will watch with great interest and stand ready to contribute where needed as this new office is established and begins operations.

We urge the Administration to give her every resource, and encourage all officials with a stake in intellectual property enforcement to work with her on a task that is critical to our nation’s economic growth and job creation.

So far, I have not located any public statements critical of Espinel's appointment, though copyleft groups such as EFF and Center for Democracy and Technology have yet to weigh in. I will update this post as warranted.

It's official: Victoria Espinel nominated as 'IP Czar'

Almost a year after President Bush signed the PRO-IP Act into law, President Obama today named former USTR attorney and IP expert Victoria Espinel to be the first US Intellectual Property Enforcement Coordinator -- better known as the IP Czar. According to National Journal's Tech Daily Dose, the IP Czar position will be housed in the Office of Management and Budget, which is part of the Executive office of the President. Pursuant to Section 301 of the PRO-IP Act, which created the position, the IP Czar's duties include:

• The development of a Joint Strategic Plan against counterfeiting and infringement
• Assisting in the implementation of such a plan
• Facilitating the issuance of policy guidance to departments and agencies on basic issues of IP to ensure consistency throughout the government
• Chairing an interagency IP enforcement committee established by the statute
• Reporting to Congress on domestic and international IP enforcement, and recommending improvements

The statute explicitly provides that the IP Czar "may not control or direct any law enforcement agency, including the Department of Justice, in the exercise of its investigative or prosecutorial authority." The position is subject to Senate confirmation.

Here's the official White House announcement:

Victoria A. Espinel, Nominee for U.S. Intellectual Property Enforcement Coordinator, Office of Management and Budget

Victoria A. Espinel is the founder and President of Bridging the Innovation Divide, a not-for-profit foundation focused on addressing the "innovation divide" and empowering all Americans to obtain the full benefit of their creativity and ingenuity. From 2007-2009, Ms. Espinel was a Visiting Assistant Professor at the George Mason University School of Law. Her areas of teaching and research were intellectual property and international trade. She has acted as advisor on intellectual property issues to the staff of the Senate Judiciary Committee, Senate Finance Committee, House Judiciary Committee and House Ways and Means Committee. She also served as an advisor to Romulus Global Issues Management and is a member of the Brain Trust of the Global Innovation Forum. In 2005, Ms. Espinel was asked to serve as the first ever Assistant United States Trade Representative for Intellectual Property and Innovation at the Office of the U.S. Trade Representative, serving as the chief U.S. trade negotiator for intellectual property and innovation. She testified on numerous occasions before the House Judiciary Committee and the Senate Committee on Homeland Security and Governmental Affairs. Ms. Espinel also served as Deputy Assistant USTR for Intellectual Property and as Associate General Counsel at USTR. Before joining USTR, Ms. Espinel was with the law firms of Covington & Burling in London and Washington, D.C., and Sidley, Austin, Brown & Wood in New York. She holds an LLM from the London School of Economics, a JD from Georgetown University Law School, and a BS in Foreign Service from Georgetown University's School of Foreign Service.

So far, Espinel's nomination has been warmly received by groups ranging from from Public Knowledge to the US Chamber of Commerce. I'll collect more reactions to Espinel's reaction later. In the meantime, congratulations.

One last thing: before Glenn Beck and the rest of the anti-czar brigade use this as another example of a "shadow government . . . giving the Obama administration unprecedented power with virtually no oversight," please keep in mind at least two things. First, "IP Czar" is a completely unofficial term, used by the media and others as shorthand. The official title is "Intellectual Property Enforcement Coordinator" or "IPEC." Second, the statute that created the position passed the House 410-11 and by unanimous consent in the Senate, and it was signed into law by then-President George W. Bush. This was not some left-wing, "czarist" power-grab.

Nextgov.com: Espinel remains IP czar favorite

Nextgov.com reports that Victoria Espinel remains the frontrunner for the job as the first-ever White House Intellectual Property Enforcement Coordinator -- better known as the "IP czar":

Getting the IP enforcement coordinator in place has proven even more difficult despite the fact that the top candidate has been known for months. Victoria Espinel, who served as the first assistant trade representative for IP, a position created by former Trade Representative Susan Schwab in 2006, is ready to report for duty, sources said. The dilemma has been where to put her.

Unlike the cyber czar, the IP coordinator is a Senate-confirmed post, and White House Chief of Staff Emanuel has reportedly ruled out placement within the Domestic Policy Council, National Economic Council or National Security Council. The remaining options are establishing a stand-alone office or having the official housed within the USTR, OMB or Office of Science and Technology Policy -- and each could pose problems.

The IP zar slot was created by the PRO-IP Act, which was enacted last year with overwhelming bi-partisant support and signed into law by then-President Bush. During the 2008 campaign, Candidate Obama complained that "President Bush has failed to address the fact that...China fails to enforce U.S. copyrights and trademarks" and promised that "Barack Obama and Joe Biden will work to ensure intellectual property is protected in foreign markets, and promote greater cooperation on international standards that allow our technologies to compete everywhere." Yet more than six months in to the Obama Administration, still no IP czar.

BREAKING: IP Czar will be...'the right person'

More from yesterday's MPAA-sponsored "Business of Show Business" event in Washington yesterday. From a speech by Commerce Secretary Gary Locke:

Let me state further that when U.S. goods and services containing intellectual property arrive in world markets, they should benefit from basic safeguards similar to those they enjoy at home.

The cost of counterfeiting and piracy to your companies and to our nation is billions of dollars in losses and hundreds of thousands of American jobs.

The recent revelation that an illegal copy of the upcoming movie “Wolverine” had been posted on the Internet prior to its theatrical release underscores the problem the industry faces.

I’ve seen examples of this sort of piracy on the streets of China during my many visits there each year. I’ve walked past the stands of counterfeited movies.

Our ability to trade in a rules-based system around the world is critical to your success and our economic success as a nation. And as a former prosecutor, I believe in the full and impartial enforcement of the law.

The Obama administration is well aware of the impact of counterfeiting and piracy on our industries and workers, and we’re working to combat it.

And from CNET's Declan McCullagh:

Vice President Joe Biden lauded Hollywood at a gala dinner in Washington, D.C. on Tuesday evening, assailed movie piracy, and promised film executives that the Obama administration would pick "the right person" as its copyright czar.
***
"It's [piracy is] pure theft, stolen from the artists and quite frankly from the American people as consequence of loss of jobs and as a consequence of loss of income," Biden said, according to a White House pool report.

McCullagh also writes, "On copyright, President Obama has signaled a more pro-industry approach than his predecessor, which has alarmed advocates of less restrictive laws," citing the appointment to top DOJ slots of several attorneys who represented copyright owners while in private practice, and its intervention in the Joel Tenenbaum case to defend the constitutionality of statutory damages. As I've explained before, I think this notion that the Obama Administration is somehow taking a new, pro-copyright tack that was missing from previous administrations is about 99% pure hype. The former entertainment industry litigators appointed to DOJ simply won't be spending much, if any, time on copyright matters (and were probably appointed for reasons that have nothing to do with copyright), and the Obama administration's position on statutory damages is exactly the same as the Bush Administration's.

Still, I can't imagine that some of these people were too thrilled about the rhetoric at yesterday's events.

House Foreign Affairs gathers in Van Nuys to bash pirates, foreign governments (except France)

Members of the House Foreign Affairs Committee gathered today in Van Nuys with top business and creative representatives from the entertainment industry to bash piracy, China, Russia, Canada, credit card companies, Al Qaeda, Hamas, Hezbollah,the WTO, Thailand, the Ukraine, China and Canada a few more times for good measure, and to praise...France? Yes, France!

The French plan to fight Internet piracy by establishing a government-run "three strikes" graduated response program may be getting little love in the blogosphere, but it was held up by several participants as an example of a potentially effective strategy for the US. Director Steven Soderbergh, testifying as National Vice President of the Directors Guild of America, told the committee that he supports "a graduated mechanism along the lines of the French model," including a suspension of ISP service for one year upon a third "strike." Committee Chairman Howard Berman (D-CA), in an interview with C&C after the hearing, declined to specifically endorse the French model, but said he is "open to legislation dealing with ISPs' obligations with regard to" infringement by their users.

This was no academic copyleft seminar, with "free culture" advocates lambasting studios and record labels for overly-harsh enforcement methods and alleged failure to adopt "new business models." From Rep. Sheila Jackson-Lee (D-TX) on the left to Rep. Dana Rohrabacher (R-CA) on the right, from suits like Disney studio chief Dick Cook and Universal Music Group President/COO Zach Horowitz to union official Michael Miller of IATSE, participants fell over themselves to call for stronger copyright enforcement by the US and foreign governments. Cook said of protecting IP, "No issue is more important to the Walt Disney Studios." Reps. Ilena Ros-Lehtinen (R-FL) and Ed Royce (R-CA) referred to reports that piracy funds terrorist groups, and noted Al Qaeda, Hamas, and Hezbollah as beneficiaries. Jackson-Lee quoted none other than Martin Luther King (and President Obama) in support of stronger IP enforcement, citing the "urgency of now" in addressing what she termed this "monumental problem." "We need to use a hammer along with some sugar," said the Houston Democrat. Forget the sugar, said Rohrabacher: "It's time to bring the hammer down on those who engage in this crime."

Our neighbors to the north came in for particularly harsh criticism. "Canada has still not modernized its copyright law for the digital age and is now a haven for those running unauthorized music websites," charged Horowitz. Cook blasted the "[l]ack of an effective Canadian legal framework" that allowed camcording to flourish, at least until Canada enacted anti-camcording legislation in 2007. Rep. Brad Sherman (D-CA) asked -- "just hypothetically" -- whether the US should deny IP protection to Canadian goods as a stick to force Canada to crack down on piracy itself. Rohrabacher was blunt: "I am calling on the US government to retaliate against Canada." Military action was suggested -- jokingly (I think).

Other solutions? Rohrabacher asked the witnesses about "technological solutions" to Internet piracy, suggesting that song and movie files could contain a "poison pill" to thwart illegal downloading, and hinted darkly that the US "intelligence community" may hold the solution. (Soderbergh suggested glumly that a "Dutch teenager" would figure out a way around the "poison pill," but that the studios should hire the clever teen: "It worked in Catch Me If You Can.") Berman said that he "plans to introduce legislation shortly that will begin to elevate the attention given to intellectual property concerns abroad," but offered few specifics. He also wondered whether the Chinese site Baidu.com -- which copyright owners criticize for linking to infringing material -- should be listed on US-based NASDAQ, given its alleged encouragement of infringement. And he urged President Obama to quickly appoint an IP Czar, sounding a bit frustrated that the slot remains unfilled. "I am about to weigh in to find out what the hell is going on," Berman told C&C after the hearing. Berman said he doesn't favor a specific candidate, but wants "a person who is committed to the protection of intellectual property" and plans to call the Czar (or Czarina) to testify in May.

Candidate Obama complained back in 2008 that "President Bush has failed to address the fact that...China fails to enforce U.S. copyrights and trademarks" and promised that "Barack Obama and Joe Biden will work to ensure intellectual property is protected in foreign markets, and promote greater cooperation on international standards that allow our technologies to compete everywhere." If President Obama intends to follow through on that promise, and if today's hearing is any indication, he can count on enthusiastic -- even militant -- support, from both sides of the aisle.

Additional coverage from CNET and the New York Times (including this supplemental Times report on Soderbergh's socks).

The limits of the IP Czar's power

We sometimes overestimate what this is by [using] the word 'czar.'... If it was really a copyright czar, then illegal file sharers would be lined up and shot.

--Daryl Friedman, VP of Advocacy & Government Relations, National Academy of Recording Arts and Sciences.

(h/t internetnews.com)

Solons urge Obama to appoint IP Czar; Susan Crawford tapped for separate White House tech policy slot

National Journal's Tech Daily Dose reports that top Senators have written a letter to President Obama, urging him to quickly appoint the first-ever White House Intellectual Property Enforcement Coordinator -- better known as the "IP Czar":

As President Barack Obama's first 100 days whiz by, Senate Judiciary Chairman Patrick Leahy, ranking member Arlen Specter, and Sens. Evan Bayh, D-Ind., and George Voinovich, R-Ohio, are pressuring the White House to make intellectual property protection a priority. The foursome who was the driving force behind last year's PRO IP Act, which former President George W. Bush signed in October, wrote to Obama last week urging him to nominate an IP enforcement coordinator. The position within the Executive Office of the President was created in their legislation and "can improve the effectiveness and efficiency of the administration's efforts to protect American intellectual property," they wrote in a letter obtained by Tech Daily Dose.

According to the Dose -- as well as the Compliance Matters blog -- speculation on the identity of the IP Czarina continues to focus on USTR staffer Victoria Espinel and IFPI Executive Vice-President for Global Legal Policy Shira Perlmutter, formerly a top IP attorney at Time Warner.

In other appointments news, the Dose reports that Obama will tap law professor Susan Crawford for a White House tech policy job:

She will likely hold the title of special assistant to the president for science, technology, and innovation policy, they said. Crawford, who was most recently a visiting professor at the University of Michigan and at Yale Law School, was tapped by Obama's transition team in November to co-chair its FCC review process with University of Pennsylvania professor Kevin Werbach. Her official administration appointment has not been formally announced. Crawford may be best known for her work with the Internet Corporation for Assigned Names and Numbers, the California-based nonprofit group that manages the Internet address system. She served on ICANN's board for three years beginning in December 2005.

What will Crawford's priorities be? Here's what she had to say in a blog post from last Oct. 7:

Surely a high-priority item for any new President will be looking hard at public long-term infrastructure investment - not just open-access municipal fiber (although that’s central), but also basic research, graduate education in the sciences, anything that will help us address an increasingly hot, flat, and crowded world with new ideas.

Bloomberg: 'White House Lawyers Look to Limit Commercial Use of President'

The White House better hurry up and hire an IP Czar - it may have some enforcing to do! Bloomberg reports that the counsel's office is gearing up to start dealing with all the corporations trying to cash in on Obamamania by incorporating the Presidents' -- and even his daughters' -- likeness into their advertising campaigns. Reports Bloomberg:

White House lawyers want to control the use of the president’s image, recognizing the worldwide fascination about Obama’s election, First Amendment free-speech rights and easy access to videos and photos on the Web.

“Our lawyers are working on developing a policy that will protect the presidential image while being careful not to squelch the overwhelming enthusiasm that the public has for the president,” White House spokeswoman Jen Psaki said.

Bloomberg lists a few examples of Obama ad campaigns that even we here at C&C HQ weren't aware of:

Obama’s calls for change and his “Yes We Can” campaign mantra are being evoked to sell assembly-required furniture in Ikea’s “Embrace Change” marketing campaign, bargain airfares during Southwest Airlines Inc.’s “Yes You Can” sale and “Yes Pecan” ice cream at Ben & Jerry’s Homemade Inc. shops.

Additional examples cited by Bloomberg include the National Education Association, McKinstry Co., the lobbying group American Coalition for Clean Coal Electricity, and J. Crew, whose clothes famously adorned Malia and Sasha Obama at the inauguration.

Good luck to the counsel's office on dealing with the tricky trademark, right of publicity, and First Amendment issues raised by these ad campaigns. I have a pretty good guess as to who will get this assignment. That is, unless the White House's own advertising law expert keeps this one for herself.

More IP Czars? Or 'Tsars'?

The Guardian reports that some in the UK are apparently envious:

Premier League lawyers want the culture secretary, Andy Burnham, and the business secretary, Lord Mandelson, to crack down on copyright infringement by making internet service providers responsible for the actions of their subscribers, and appoint an "IP tsar" to coordinate action across government.

Interesting article on live sports TV stream piracy, by the way. The problem exists here, too.

Found: campaign to urge Obama to appoint copyleft-friendly IP Czar

I've been waiting for the copyleft to organize a campaign to urge President Obama to appoint a Copyright Czar from the copyleft itself. Well, here it is, courtesy of Recording Industry vs. The People:

Here is the White House contact form

Here is a link to the White House's contact form.

Please urge President Obama not to appoint a representative of the content cartel as "copyright czar". To do so would be a continuation of putting the 'foxes in charge of the henhouse'.

Please also make the White House is aware of Judge Davis's remarks in Capitol v. Thomas, calling for congressional reform to protect against outlandish verdicts against noncommercial users.

Please pass this along.

I must say, I'm a bit confused by Ray Beckerman's fox/henhouse metaphor. The IP Czar is formally called the "Intellectual Property Enforcement Coordinator." Wouldn't naming someone hostile to enforcement -- which is what the copyleft apparently wants -- be the true case of putting the foxes in charge?

Meanwhile, the "Towards a Comprehensive, Balanced U.S. Patent and Copyright Policy" Facebook cause currently has 515 members (and a nice picture of Neil MacBride.)

Zut alors! 'Obama nomme des lobbyistes du droit d'auteur à des postes clés'

Quelqu'un en France lit Copyrights & Campaigns:

Le "Changement" promis par Barack Obama ne devrait pas avoir lieu sur le droit d'auteur. Le Président des Etats-Unis a nommé des anciens représentants de la RIAA et de la BSA à des postes importants du Département de la justice.

Lorsque Barack Obama a annoncé qu'il choisissait Joe Biden comme collistier pour sa candidature, nous avions prévenu que le nouveau vice-président des Etats-Unis était l'un des sénateurs les plus proches de la RIAA, le lobby du disque. Pendant toute sa campagne, Obama s'est montré très ouvert sur les questions technologiques et s'est attiré la sympathie des internautes, avec un soutien affiché des licences Creative Commons, de la neutralité du net ou des logiciels libres. Il a obtenu le soutien de personnalités reconnues dans le monde technologique, comme le professeur Lawrence Lessig ou le directeur de Google, Eric Schmidt. Mais les lobbys du droit d'auteur n'ont pas disparu pour autant de Washington, loin s'en faut.

Bonjour, mes amis...

Will tough Obama ethics rules trip up IP Czar candidates?

Will the Obama Administration's tough new ethics rules present an obstacle to the nomination of one of the entertainment-industry lobbyists reportedly under consideration to be the first White House IP Czar? Shourin Sen of the excellent Exclusive Rights blog thinks so. Writes Sen:

President Obama issued an executive order yesterday outlining his administration’s ethics policy. It’s quite a bit more stringent than what he campaigned on during the election season. To compare, this is what Obama listed on his website during the primary and general:

• No political appointees in an Obama-Biden administration will be permitted to work on regulations or contracts directly and substantially related to their prior employer for two years.

And this is the relevant provision from the new executive order:

• “All [a]ppointees [e]ntering Government . . . will not for a period of 2 years from the date of [their] appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts.

The simple flipping of “work on regulations or contracts” to “including regulations and contracts” makes all the difference in regards to the IP-Czar. Since the position involves interdepartmental coordination of IP issues and reporting to congress, and not regulations and contracts, it’s covered under the new ethics policy, whereas is wasn’t under the old. I’ve already made my thoughts on this topic known, but it’s somewhat funny that the executive order eliminates half of the candidates Senator Leahy leaked for the position.

I'm not as sure as Sen that the new rules will present much of an obstacle. The rules bar work on "any particular matter involving specific parties." So that would not seem to apply to general policy issues -- only to specific issues involving identifiable parties. Thus, an IP Czar who previously lobbied for Entertainment Company X, urging the USTR to adopt a tougher trade stance with China on IP issues, would be permitted as Czar to participate in discussions on the US negotiating stance on IP rights with China. He just couldn't urge (for 2 years) action on a specific matter involving Company X. At least that's how I read the rules.

And, after all, if those pesky ethics rules get in the way, he can always just waive them "in the public interest."