Posts Tagged ‘Stop Online Piracy Act’


U.S. Copyright Compliance Eyes Asia-Pacific

Monday, March 10th, 2014

BurrellesLuce US Copyright Compliance Eyes Asia-Pacific Fresh Ideas Tatjana JegdicA sweeping 12-country free trade agreement that is now being negotiated is much more than an attempt to open markets: It also has a significant copyright component. Trans-Pacific Partnership (TPP), in addition to opening the markets, represents an aggressive U.S. push to close the gaps in the intellectual property (IP) copyright and distribution protections.

The TPP’s IP/copyright agreement being negotiated could expand U.S. copyright standards to Asia-Pacific. It seeks to adopt US copyright restrictions on digital content for nations like Canada, Australia, Japan and North Korea. Ultimately, it could cover 40 percent of the world’s economy. TPP means PR pros face a future of an aggressive U.S. government push on copyrights internationally.

The Software & Information Industry Association (SIIA), the principal trade association for the software and digital content industries, is fully behind intellectual property rights in the TPP. SIIA encourages U.S. trade representatives to make the copyright portion of the agreement a priority, “Permit[ing] cross-border information flows, while ensuring that privacy and intellectual property rights are protected.”

The Intellectual Property Rights Chapter of TPP would have wide-ranging effects on publishers and internet providers. The TPP requires signing countries to protect a work, whether photographic, performance, or phonogram, for 70 years after the death of the person who created that work; for works by a “non-natural person” (whatever that is), the copyright be protected for “95 years from the end of the calendar year of the first authorized publication of the work.” Why does this matter to PR professionals? Because it extends the copyrights of intellectual property internationally, indicating just how seriously the U.S. government takes copyright issues.

Maira Sutton of Electronic Frontier Foundation says “copyright protections in the TPP would [also] empower internet service providers to police users’ internet activities [on behalf of publishers]. Therefore they could block or filter or even spy on users’ activities to supposedly enforce copyright.”

The Obama administration included part of the Stop Online Piracy Act legislation in the copyright chapter of TPP. SOPA, which meant to expand the U.S. law enforcement to fight online copyright infringement, was postponed by Congress in 2012.

If completed, TPP would remain open for any other country to join. Former U.S. Trade Representative Ron Kirk has welcomed China’s participation. “The area of ‘intellectual property’ is the key to billions of dollars in exports to China,” Kirk said. And China has already started indicating interest in TPP. Chinese participation would be game-changing not only because of the size of their market, but also because their poor track record on intellectual property.

Copyright compliance is a major issue in media monitoring and news aggregation. Content curators like BurrellesLuce that provide copyright compliance as part of their service will only continue to grow in importance.

The international IP developments around the TPP might also mean that recent domestic and cross-border copyright infringement cases will increase and will have more legal enforcement teeth behind them. In January, Dow Jones & Co. sued London-based Real-Time Analysis & News Ltd., a financial news aggregator service known as Ransquawk, for illegal distribution of the Dow Jones content without publisher consent. This case shows that copyright enforcement activity is not only confined to the U.S. information industry, but also crosses international jurisdictions.

The Dow Jones & Co. v. Ransquawk case looks very similar to the AP copyright infringement lawsuit against Meltwater, which AP won in May of last year. In recent years, Dow Jones also filed and received large settlement claims from other “hot news” misappropriation lawsuits like that against Cision.

BurrellesLuce – a curator, not an aggregator – of content has been a long-time supporter of making commercial use of news content with licensing agreements that pay publishers royalty fees. For close to 30 years we have worked with publishers to provide copyright-compliant content. We launched our turnkey compliance program in 2008. We strongly believe that news outlets must be fairly compensated for their content.

With our industry-unique service, our clients never have to worry about whether their access and use of media content is compliant or not. Thanks to our agreements with AP and thousands of other publishers, our small copyright royalty covers PR pros so they can legally share and use our digitized print clips and online news clips.

How are you protecting yourself and making sure you are on the right side of the expansionist U.S. copyright law? Do you think the TPP will bolster U.S. intellectual property rights?

The Changing World of Copyright Compliance

Thursday, April 5th, 2012

Copyright

Free speech, copyright and the Internet seem to collide, but that’s because they are all still evolving. Dr. Patricia Aufderheide, director of the Center for Social Media, American University, gave guidance on this very topic during the AWC-DC program on March 19. She used an example from the 1860s, when a German translation of Uncle Tom’s Cabin was not covered under copyright law, but now would be covered. At the time, one-third of the country spoke German.

You need to understand how “Fair Use” can be used correctly, says Dr. Aufderheide. If you are “adding value” to the information and using it in a new way, then you are most likely covered under the Fair Use Doctrine. Using the entire work without adding valuable information, would be considered an infringement on copyright.  Generally, sourcing a portion of the information with a link back to the original document would be considered fair use, explains Dr. Aufderheide.

Many journalists say their use of information is covered under the First Amendment of the Constitution. What they need to understand is that First Amendment is a part of copyright law, says Dr. Aufderheide.

The protests over the Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA) lead to more awareness of copyrighted materials on the Internet. Dr. Aufderheide believes the best way to address the issue is to look at business practices. She thinks that blocking domain names, which will work against security, is not a viable answer. She also says businesses need to find a way to let people use copyrighted material legally.

Pinterest and Copyright

Pinterest is fast becoming this year’s social media sweatheart. (Understand Pinterest and Your Audience.) Many PR folks have asked if the social media site is violating copyright. The answer is maybe. In a recent Mashable story, The Copyright Question: How to Protect Yourself on Pinterest, the authors suggest that companies should only pin their own content and only include content they would include on their website. While Pinterest does not own “everything posted on the site […] posting other people’s pictures without permission could be problematic.”

Resources
BurrellesLuce has many free resources in the BurrellesLuce Resource Center to help the PR professional do their job even better and offers a turnkey copyright compliance program to help clients remain on the right side of copyright law.