The two guiding lights in copyright on Capitol Hill right now are Senate Judiciary Committee Chairman Patrick Leahy and House Judiciary IP Subcommittee Chairman Howard Berman; both spoke at today's MPAA Business of Show Business conference. Other champions of copyright also spoke there, such as Senator Dianne Feinstein and House Ways and Means Committee Chairman Charlie Rangel, but I'm going to focus on Leahy and Berman in this entry because any copyright-related legislation has to go through them. As many readers know, I'm congenitally resistant to government action, and generally consider an idle Congress a good Congress. But readers also know I'm rabidly pro-property, and thinkers from Locke onward have recognized that for property rights to be respected in a market, a governmental role is essential. Leahy and Berman understand that, and I have every confidence in their vision for a copyright agenda in the 110th Congress.

Leahy's agenda is ambitious. Expect a reintroduction of the so-called PIRATE Act, the bill that would create civil copyright authority at the Department of Justice. "I intend to see that pass," Leahy promised. The legislation is perfectly sensible, and gives law enforcement the opportunity to take action when they uncover infringement without having to bring a criminal case with higher penalties. It is not a substitute for action by creators, and several studio executives at today's event made it clear that they understand they have an obligation to enforce their copyrights. I look forward to seeing Leahy move forward on this.

Leahy also said he wished to: 1) Help international and local enforcement. 2) Make sure the threat of jail time is real in copyright enforcement. 3) Urge the Administration to take a stronger position on IP in trade talks. He said "I plan to increase the emphasis" on copyright in this Congress in the Senate Judiciary Committee.

Berman didn't name any specific pieces of legislation he'd like to see move, but he said he wants to boost the resources of the Justice Department. He also said he'd like to see increased coordination with ISPs, who he felt could be more helpful in removing unauthorized works. (Regarding YouTube, he said Google is making a mint on online ads and has bought a service that uses others' content without permission or compensation. "There's something wrong with that," he said, calling it a "fundamental unfairness.") Berman also wants to increase the dialogue with universities so they can better understand the piracy they are facilitating on campus, and like Leahy, called for tough IP provisions in trade agreements (he focused in particular on Russia's potential entry into the WTO as an opportunity for action).

Leahy noted copyright isn't a partisan issue, something I've said on many an occasion. Leahy has always worked closely with Orrin Hatch, Berman with both Lamar Smith and Howard Coble. Both parties believe in property rights, and both parties oppose theft. As someone who loves creative works and wants creators to continue to be rewarded for their work, I'm pleased creators have these champions in Congress.

posted by Patrick Ross @ 5:50 PM | Legislation and Legislators

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