Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Threat Level

Intellectual Property Law

: Threat Level

Senate Passes Bill Creating 'Copyright Czar'

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

U.S. lawmakers approved the creation of a cabinet-level position of copyright czar as part of sweeping intellectual property enforcement legislation that sailed through the Senate on Friday.

However, a controversial measure granting the Justice Department the authority to sue copyright infringers on behalf of Hollywood and the music industry was removed after the White House lobbiedagainst assuming those new powers.

The legislation's passage underscores the importance lawmakers place on protecting intellectual property. The entertainment industry says it loses billions of sales a year to piracy.

The legislation, unanimously approved on a consent vote, came as lawmakers from both sides of the aisle are scrambling to hammer out a $700 billion Wall Street bailout.

Sen. Ron Wyden, D-Ore., said he expected the Enforcement of Intellectual Property Rights Act "will aid federal efforts to protect American producers and American jobs."

The measure(.pdf) creates an executive-level "Intellectual Property Enforcement Coordinator" -- a copyright czar requiring Senate confirmation.

The executive and its office would be charged with creating a nationwide plan to combat piracy and "report directly to the president and Congress regarding domestic international intellectual property enforcement programs."

The nation's drug czar, a position created by Congress in 1982 to wage the War on Drugs, also requires Senate confirmation.

The new copyright czar will oversee government anti-piracy crackdowns and, among other things, train other countries about IP enforcement. The legislation also creates an FBI piracy unit and allows for the forfeiture of equipment used in large pirating operations.

The intellectual property measure approved Friday was strongly backed by Hollywood, the recording industry, unions, manufacturers and the U.S. Chamber of Commerce.

"This is a win for both parties and, more importantly, for America's innovators, workers whose jobs rely on intellectual property, and consumers who depend on safe and effective products," said Tom Donohue, the chamber's president and CEO.

Digital rights groups, including Public Knowledge, opposed the measure.

Gigi Sohn, the group's president, said the bill goes too far but she was nonetheless pleased that the Justice Department won't be suing copyright infringers on behalf of the entertainment industry.

"We are pleased that the Senate bill as passed does not include the egregious provision allowing the Justice Department to file civil suits against alleged copyright violators on behalf of copyright holders," she said.

The White House, in successfully pressuring for a rewrite to the legislation, said the original proposal requiring the attorney general to sue copyright infringers "could result in Department of Justice prosecutors serving as pro bono lawyers for private copyright holders regardless of their resources. In effect, taxpayer-supported department lawyers would pursue lawsuits for copyright holders, with monetary recovery going to industry."

The House of Representatives is expected to take up the measure as early as Saturday.

Illustration psd

See Also:

• White House Opposes Expanded DOJ Copyright Enforcement
• Proposed Copyright Law a 'Gift' to Hollywood, Info Groups Say
• Judge Declares Mistrial in RIAA-Jammie Thomas Trial
• Senate Committee Expands Justice Department Copyright Enforcement ...
• Thomas Mistrial Decision Bolsters RIAA Litigation
• Judge: Copyright Owners Must Consider 'Fair Use' Before Sending ...
• New Lobbying Group Calls for Internet Filtering
• Meet the Latest Copyright Scofflaw -- Meet the GOP

Full post as published by Threat Level on September 26, 2008 (boomark / email).