Battling the Copyright Big Boys

Lobbyists for movie studios and record labels have long dominated the copyright discussion in Washington, using their power and influence to help craft law favorable to their interests.

Now, a group of citizens in favor of a more consumer-friendly copyright policy have formed a political action committee in hopes that the interests of the public can be served, too.

"Copyright is supposed to be a balance in the Constitution," said David Alpert, president of IPac, which launched about a month before the 2004 election. "The government should not be in the business of preventing technology changes just because some companies are afraid it might hurt their existing business models."

IPac pledges to support candidates and elected officials who fight for a balance in copyright law: The group will support those who advocate for laws that will pay creators without limiting political expression, innovation or research and education, and back laws that foster new creativity. The group says it believes that intellectual property laws should be clear so technologists can innovate without being sued.

This past election, the nonpartisan group supported six candidates: Reps. Rick Boucher (D-Virginia), Zoe Lofgren (D-California), Joe Barton (R-Texas), Christopher Cox (R-California), John Doolittle (R-California) and newcomer Oklahoma Democrat Brad Carson for the Senate. All five representatives won re-election; Carson lost.

While the $7,000 the group raised is a drop in the bucket compared with the entertainment industry's hefty coffers, IPac is encouraged by the interest it has generated in a short period of time. Over 500 people have signed on to support its mission.

"This was sort of a trial run to see if people will actually support candidates based on their intellectual-property policies, and they did," said Jason Schultz, an IPac volunteer. "We really felt there was a community out there that we could engage specifically on IP."

Alpert said IPac will research the records of legislators in Congress, provide people with information on how their legislators have voted, identify worthy candidates and help them with money and volunteers.

"I strongly support the effort IPac is making. It is important that a greater focus be brought to the need to balance the rights of copyright owners with the rights of the users," said Boucher, co-sponsor of the Digital Media Consumers' Rights Act (HR107), which would permit circumvention of digital locks on copyright content for non-infringing uses.

"The 1998 (Digital Millennium Copyright Act) makes it possible for creators of digital content to completely abolish fair-use rights with respect to that media," Boucher said. "The bill that I introduced ... would confirm fair-use rights for the digital era."

Boucher and his co-sponsor, Doolittle, are still in the process of collecting support to move the bill forward.

Boucher said that even though Hollywood and the record labels still have a lot of influence in Washington, consumers have gained ground since 1998. Now that the technology companies -- which believe tighter copy controls can chill innovation -- are aligned with consumer groups, there is a stronger presence for the public interest.

Earlier this year, the electronics companies, internet service providers and digital-rights groups successfully stalled the Induce Act, a bill cheered by the entertainment industry because it would effectively outlaw peer-to-peer networks. The music and film companies blame P2P for their piracy problems.

The Induce Act is only one example, Alpert said, of how content companies have tried to increase their power at the public's expense. Earlier this year, a small animation company was threatened with legal action when its This Land video, which lampooned both presidential contenders, used the tune to Woody Guthrie's "This Land Is Your Land."

"It's important for our democracy to be free to create videos like that," Alpert said.

Alpert also noted the entertainment industry's history of trying to stop the sale of VCRs, for fear of piracy. The device and the home video market turned into a boon for both consumers and the entertainment industry.

"We still have a long way to go," Boucher said. "The equation is still unbalanced."