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CPTWG MEETING #85CPTWG MEETING #85
December 8, 2004December 8, 2004
Legislative/Regulatory UpdateLegislative/Regulatory Update
Jim BurgerJim [email protected]@dowlohnes.com
CPTWG MEETING #85CPTWG MEETING #85
December 8, 2004December 8, 2004
Legislative/Regulatory UpdateLegislative/Regulatory Update
Jim BurgerJim [email protected]@dowlohnes.com
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OverviewOverviewOverviewOverview
LegislationLegislation Family Entertainment and Copyright Act Family Entertainment and Copyright Act
of 2004 (S. 3021)of 2004 (S. 3021) Omnibus Appropriations Bill (S. 2809)Omnibus Appropriations Bill (S. 2809)
RegulatoryRegulatory Appeal of Broadcast FlagAppeal of Broadcast Flag
LegislationLegislation Family Entertainment and Copyright Act Family Entertainment and Copyright Act
of 2004 (S. 3021)of 2004 (S. 3021) Omnibus Appropriations Bill (S. 2809)Omnibus Appropriations Bill (S. 2809)
RegulatoryRegulatory Appeal of Broadcast FlagAppeal of Broadcast Flag
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S. 3021: Family Entertainment & S. 3021: Family Entertainment & Copyright Act of 2004Copyright Act of 2004
S. 3021: Family Entertainment & S. 3021: Family Entertainment & Copyright Act of 2004Copyright Act of 2004
Senate’s final copyright bill includes three of the Senate’s final copyright bill includes three of the measures previously considered:measures previously considered: ART ActART Act
Criminalizes video camcorder use in movie theaters and Criminalizes video camcorder use in movie theaters and pre-release distribution of copyrighted works over Internetpre-release distribution of copyrighted works over Internet
Family Movie ActFamily Movie ActProvides exemption from copyright infringement claims Provides exemption from copyright infringement claims
for ClearPlay DVD technology allowing consumers to skip for ClearPlay DVD technology allowing consumers to skip over certain content (over certain content (e.ge.g., adult content or violence) ., adult content or violence)
– Only applies to pre-recorded movies (not other television Only applies to pre-recorded movies (not other television programming)programming)
– No fixed copy of the altered work may be madeNo fixed copy of the altered work may be made Anti-CounterfeitingAnti-Counterfeiting
Senate’s final copyright bill includes three of the Senate’s final copyright bill includes three of the measures previously considered:measures previously considered: ART ActART Act
Criminalizes video camcorder use in movie theaters and Criminalizes video camcorder use in movie theaters and pre-release distribution of copyrighted works over Internetpre-release distribution of copyrighted works over Internet
Family Movie ActFamily Movie ActProvides exemption from copyright infringement claims Provides exemption from copyright infringement claims
for ClearPlay DVD technology allowing consumers to skip for ClearPlay DVD technology allowing consumers to skip over certain content (over certain content (e.ge.g., adult content or violence) ., adult content or violence)
– Only applies to pre-recorded movies (not other television Only applies to pre-recorded movies (not other television programming)programming)
– No fixed copy of the altered work may be madeNo fixed copy of the altered work may be made Anti-CounterfeitingAnti-Counterfeiting
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S. 3021: Family Entertainment and S. 3021: Family Entertainment and Copyright Act of 2004 (cont.)Copyright Act of 2004 (cont.)
S. 3021: Family Entertainment and S. 3021: Family Entertainment and Copyright Act of 2004 (cont.)Copyright Act of 2004 (cont.)
The bill does The bill does not not include: include: Induce ActInduce Act PIRATE Act PIRATE Act Certain provisions of House’s Piracy Deterrence and Education Certain provisions of House’s Piracy Deterrence and Education
Act (provisions authorizing DOJ to criminally prosecute P2P Act (provisions authorizing DOJ to criminally prosecute P2P users who distribute more than 1,000 copyrighted files) users who distribute more than 1,000 copyrighted files)
Passed Senate (Nov. 20)Passed Senate (Nov. 20) Bill could get derailed in the House because it also includes Bill could get derailed in the House because it also includes
controversial provisions that would establish a federal boxing controversial provisions that would establish a federal boxing commissioncommission
Camcord Legislation Hits Pause Tue Dec 7, 2004 3:52 AM ET Camcord Legislation Hits Pause Tue Dec 7, 2004 3:52 AM ET
The bill does The bill does not not include: include: Induce ActInduce Act PIRATE Act PIRATE Act Certain provisions of House’s Piracy Deterrence and Education Certain provisions of House’s Piracy Deterrence and Education
Act (provisions authorizing DOJ to criminally prosecute P2P Act (provisions authorizing DOJ to criminally prosecute P2P users who distribute more than 1,000 copyrighted files) users who distribute more than 1,000 copyrighted files)
Passed Senate (Nov. 20)Passed Senate (Nov. 20) Bill could get derailed in the House because it also includes Bill could get derailed in the House because it also includes
controversial provisions that would establish a federal boxing controversial provisions that would establish a federal boxing commissioncommission
Camcord Legislation Hits Pause Tue Dec 7, 2004 3:52 AM ET Camcord Legislation Hits Pause Tue Dec 7, 2004 3:52 AM ET
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S. 2809: Omnibus Appropriations BillS. 2809: Omnibus Appropriations BillS. 2809: Omnibus Appropriations BillS. 2809: Omnibus Appropriations Bill
Provides $2 million to the National Intellectual Property Provides $2 million to the National Intellectual Property Law Enforcement Coordination Counsel (NIPLECC) to Law Enforcement Coordination Counsel (NIPLECC) to coordinated domestic & international IP law enforcementcoordinated domestic & international IP law enforcement
Establishes Coordinator for International Intellectual Establishes Coordinator for International Intellectual Property Enforcement as NIPLECC head Property Enforcement as NIPLECC head ““IP Czar” appointed by the President responsibility include:IP Czar” appointed by the President responsibility include:
establishing policies and objectives concerning intellectual establishing policies and objectives concerning intellectual property law enforcement at home and abroadproperty law enforcement at home and abroad
coordinating implementation of such policies by U.S. agencies coordinating implementation of such policies by U.S. agencies charged with enforcement of intellectual property lawscharged with enforcement of intellectual property laws
developing a budget to accomplish these tasksdeveloping a budget to accomplish these tasks
Provides $2 million to the National Intellectual Property Provides $2 million to the National Intellectual Property Law Enforcement Coordination Counsel (NIPLECC) to Law Enforcement Coordination Counsel (NIPLECC) to coordinated domestic & international IP law enforcementcoordinated domestic & international IP law enforcement
Establishes Coordinator for International Intellectual Establishes Coordinator for International Intellectual Property Enforcement as NIPLECC head Property Enforcement as NIPLECC head ““IP Czar” appointed by the President responsibility include:IP Czar” appointed by the President responsibility include:
establishing policies and objectives concerning intellectual establishing policies and objectives concerning intellectual property law enforcement at home and abroadproperty law enforcement at home and abroad
coordinating implementation of such policies by U.S. agencies coordinating implementation of such policies by U.S. agencies charged with enforcement of intellectual property lawscharged with enforcement of intellectual property laws
developing a budget to accomplish these tasksdeveloping a budget to accomplish these tasks
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Broadcast ProtectionBroadcast ProtectionBroadcast ProtectionBroadcast Protection Government Files Its Reply BriefGovernment Files Its Reply Brief
JurisdictionJurisdictionArgues Communications Act Section 1 & 2 Argues Communications Act Section 1 & 2
grants jurisdiction over devicesgrants jurisdiction over devicesACRA a “clarification”- didn’t withdraw FCC’s ACRA a “clarification”- didn’t withdraw FCC’s
ability to regulate devicesability to regulate devicesFound ancillary jurisdiction also appropriate Found ancillary jurisdiction also appropriate
Arbitrary & CapriciousArbitrary & CapriciousRests on rational and permissible predictions Rests on rational and permissible predictions
about the communications industry and valid about the communications industry and valid communications policy objectivescommunications policy objectives
Government Files Its Reply BriefGovernment Files Its Reply Brief JurisdictionJurisdiction
Argues Communications Act Section 1 & 2 Argues Communications Act Section 1 & 2 grants jurisdiction over devicesgrants jurisdiction over devices
ACRA a “clarification”- didn’t withdraw FCC’s ACRA a “clarification”- didn’t withdraw FCC’s ability to regulate devicesability to regulate devices
Found ancillary jurisdiction also appropriate Found ancillary jurisdiction also appropriate Arbitrary & CapriciousArbitrary & Capricious
Rests on rational and permissible predictions Rests on rational and permissible predictions about the communications industry and valid about the communications industry and valid communications policy objectivescommunications policy objectives
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FTC P2P File-Sharing FTC P2P File-Sharing WorkshopWorkshop
FTC P2P File-Sharing FTC P2P File-Sharing WorkshopWorkshop
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NEW FRONTIERS IN DIGITAL VIDEO:NEW FRONTIERS IN DIGITAL VIDEO:NEW FRONTIERS IN DIGITAL VIDEO:NEW FRONTIERS IN DIGITAL VIDEO: RECENT DEVELOPMENTS IN COPYRIGHT LAW AND THE RECENT DEVELOPMENTS IN COPYRIGHT LAW AND THE
FCC’S ROLE IN CONTENT PROTECTIONFCC’S ROLE IN CONTENT PROTECTION FCBA CLEFCBA CLE December 15, 2004December 15, 2004 6:00 – 8:00 p.m.6:00 – 8:00 p.m. Dow Lohnes and AlbertsonDow Lohnes and Albertson
Panelists will include Fritz Attaway (Executive Vice President and Panelists will include Fritz Attaway (Executive Vice President and Washington General Counsel, Motion Picture Association of America), Washington General Counsel, Motion Picture Association of America), Sarah Deutsch (Vice President and Associate General Counsel, Verizon Sarah Deutsch (Vice President and Associate General Counsel, Verizon Communications), Gigi Sohn (President, Public Knowledge), James M. Communications), Gigi Sohn (President, Public Knowledge), James M. Burger (Partner, Dow Lohnes & Albertson, PLLC) and Rick Chessen Burger (Partner, Dow Lohnes & Albertson, PLLC) and Rick Chessen (Chief, Digital Television Task Force, FCC).(Chief, Digital Television Task Force, FCC).
The two-hour program will feature a spirited discussion. Panelists first The two-hour program will feature a spirited discussion. Panelists first address recent developments in copyright law associated with the address recent developments in copyright law associated with the delivery of video content over the Internet, including via peer-to-peer delivery of video content over the Internet, including via peer-to-peer networks. Panelists also will discuss the Federal Communications networks. Panelists also will discuss the Federal Communications Commission’s role in copyright protection of video content in digital Commission’s role in copyright protection of video content in digital television broadcasts through FCC measures such as the “broadcast television broadcasts through FCC measures such as the “broadcast flag” standard.flag” standard.
RECENT DEVELOPMENTS IN COPYRIGHT LAW AND THE RECENT DEVELOPMENTS IN COPYRIGHT LAW AND THE FCC’S ROLE IN CONTENT PROTECTIONFCC’S ROLE IN CONTENT PROTECTION FCBA CLEFCBA CLE December 15, 2004December 15, 2004 6:00 – 8:00 p.m.6:00 – 8:00 p.m. Dow Lohnes and AlbertsonDow Lohnes and Albertson
Panelists will include Fritz Attaway (Executive Vice President and Panelists will include Fritz Attaway (Executive Vice President and Washington General Counsel, Motion Picture Association of America), Washington General Counsel, Motion Picture Association of America), Sarah Deutsch (Vice President and Associate General Counsel, Verizon Sarah Deutsch (Vice President and Associate General Counsel, Verizon Communications), Gigi Sohn (President, Public Knowledge), James M. Communications), Gigi Sohn (President, Public Knowledge), James M. Burger (Partner, Dow Lohnes & Albertson, PLLC) and Rick Chessen Burger (Partner, Dow Lohnes & Albertson, PLLC) and Rick Chessen (Chief, Digital Television Task Force, FCC).(Chief, Digital Television Task Force, FCC).
The two-hour program will feature a spirited discussion. Panelists first The two-hour program will feature a spirited discussion. Panelists first address recent developments in copyright law associated with the address recent developments in copyright law associated with the delivery of video content over the Internet, including via peer-to-peer delivery of video content over the Internet, including via peer-to-peer networks. Panelists also will discuss the Federal Communications networks. Panelists also will discuss the Federal Communications Commission’s role in copyright protection of video content in digital Commission’s role in copyright protection of video content in digital television broadcasts through FCC measures such as the “broadcast television broadcasts through FCC measures such as the “broadcast flag” standard.flag” standard.
