Creators gathered at the second World Copyright Summit, on June 9 and 10 in Washington DC, asked for stronger copyright legislation and protection around the world to ensure the future of the creative industries.
CISAC’s President Robin Gibb, of the legendary Bee Gees, opened and wrapped up the Summit reminding that, “Copyright is NOT a barrier. It is a facilitator of progress, creativity and communication. The existence of strong copyright will not stifle the development of the digital utopia which Google, Microsoft and others promise. Copyright will promote such development. Without copyright you have chaos and this is a far greater barrier to progress.”
“If we cripple our culture we are crippling the heart and soul of our society. That is why copyright protection for those who create is so important.” added Oscar-winning U.S. film director, Milos Forman, in a passionate speech denouncing online piracy. “Pirates see themselves as modern-day Robin-Hoods … They are in fact stealing from thousands and thousands of regular, many of them poor, people around the world, who depend on the creative industries for their livelihood.”
The World Copyright Summit was organized by CISAC (International Confederation of Societies of Authors and Composers) on June 9 and 10, 2009 at the Ronald Reagan Center in Washington DC. Attended by over 610 delegates from 290 companies and 68 different countries, the two-day Summit included keynotes and round table discussions focused on the need for global collaboration in addressing the challenges of creative industries in the digital era and building a constructive dialogue about the importance of copyright protection and the distribution of creative works.
Gibb’s plea for stronger copyright protection was backed by several high-profile legislators from the U.S. and other countries:
Senator Patrick Leahy, Chairman of the Senate Judiciary Committee, joined Senator Orrin G. Hatch, Ranking Member of the Senate Judiciary Committee, and Congressman Robert Wexler, Member of the House Judiciary and Foreign Affairs committees, in talking with many other speakers about the importance of appropriate copyright and IP protections to facilitate and sustain long-term economic development. “I see intellectual property rights as an important way to ensure that inventors and creators have the incentives to produce their work” said Senator Leahy. “Your industry is one of the few that consistently generates a positive balance of trade,” said Senator Hatch. Congressman Wexler spoke about the need to reach out to the “so-called Napster generation”, which has come of age in a digital
French Minister of Culture and Communication, Christine Albanel, in the voice of the Ambassador of France to the United States, Pierre Vimont, presented her “realistic and ambitious” Creation and Internet law to fight against piracy. “Those who believe that Internet must remain an anarchic jungle are living in the wrong times. Piracy is a childish disease of the Internet that must now grow up, and take responsibility.” Even though the French Constitutional Court has ruled as unconstitutional certain aspects of the enforcement mechanisms proposed in this new Law, a recurrent theme of the Summit has been the beacon of hope offered by the French in the continuing battle against the plague of internet piracy and its law. France has set a precedent and many other countries have adopted similar legislation (Ireland and South Korea) or are engaging similar discussions with the industry.
Copyright protection and the fight against online piracy were among the myriad of issues addressed at the Summit and debated by over 100 speakers from 20 countries:
Intellectual property and copyright protection are still an integral part of the US policy. Global enforcement and copyright harmonization throughout the world are still on the agenda. Congressman John Conyers, Jr., Chair of the House Judiciary Committee, in the voice of Perry H. Apelbaum, Chief of staff and chief counsel, announced a hearing on audio-video performance royalties next July. US online media would be required to compensate creators for digital transmissions of their works in the form of a performance royalty (which is already the case in many European countries). Other US IP and copyright legislative projects announced at the Summit by US legislators include the reintroduction of an orphan works bill and the Performance Rights legislation to establish performance rights in sound recordings for over-the air radio stations.
Fostering the dialogue between new business models, digital service providers (DSPs) and rights holders to find market driven solutions was one of the objectives of the Summit. Google’s participation was a good example of what dialogue can bring and how to provide new opportunities for revenues for rights holders. “We can be partners, not enemies,” said David C. Drummond, Senior VP for corporate development and chief legal officer of Google, who talked at the Summit about YouTube and the Google settlement with authors and book publishers. “Downloading e-books is not an established behavior” and the Google settlement should enable the publishing industry to create a more regulated market, said President of Bertelsmann Digital Media Investments and former chairman of the Association of American Publishers Richard Sarnoff. “Our music makes [your] devices relevant,” said David Israelite, President and CEO of the National Music Publishers Association, to Gary Shapiro, President and CEO of the Consumer Electronic Association, “so it’s time we determine how to move forward legally”. Today many rights societies in the world still find it challenging to generate fair remuneration for creators from the websites who use their works (music, films, photos, books…).
Not only do collective rights management organizations fully serve a purpose for both creators and services using creative works in the digital century but they can really be the un-lockers of the so-called copyright gridlock, as explained by Michael Heller, Law professor and author of The Gridlock Economy. “Well-designed collective rights management can be one focal point for solving new media gridlock.”
Faced with the continued erosion of the value of rights with the emergence of “new business models” that generate huge traffic but very small turnover, CISAC unveiled a study that served as the basis for discussions on possible scenarios for a contribution from ISPs in the fight against online piracy and financing creativity. ISPs should be prepared to recognize their responsibilities when their networks are used to abuse copyright. Equally, rights owners should ensure that ISPs understand the value creators and rights owners bring to their business.
Considering the current state of the global economy, intellectual property and copyright are key to economic growth recovery. Creative industries create value and jobs within national economies. WIPO, the Worldwide Intellectual Property Organization, pointed out that copyright industry is responsible for about 6% of a developing economy. That’s also the reason why The World Bank helped developing markets in Africa, Asia and Latin America improve their IP protection frameworks as Anne-Marie Leroy, the World Bank’s Senior Vice President and Group General Counsel, reminded the participants.
For the many creators gathered at the Summit, their moral rights and creative freedom are as important as their economic rights. “Artists like to be respected but they would settle for having their works respected,” said world renowned painter and sculptor Frank Stella. “The integrity of the music I’ve done is protected. I’ve given the rights to a lot of people and I’ve refused the rights to a lot of people when they mutilated a couple of the song and I didn’t think the production was worthy,” confirmed U.S. songwriter and performer Lamont Dozier. “I don’t want my work to sit in a drawer. I want it to be explored and used by other artists, spliced and diced, but I want to be taken care of for it and that’s what performing rights societies are for,” concluded U.S. songwriter, recording artist and actor Paul Williams.
“By inviting all the stakeholders involved in the global digital economy at the World Copyright Summit, CISAC’s ambition was to confront different experiences and visions of the future,” said Eric Baptiste, Director General of CISAC. “The debates were open and frank, and while we may not all agree on our visions of the future, one common thread emerged throughout the Summit: creators, such as music composers, film directors, painters, photographers, writers and their works are at the heart of the digital economy, and their contributions must be recognized and their rights must be preserved and protected.”
Many positive ideas came out of the discussions in Washington, DC. The entire World Copyright Summit material is now available online (Videos, photos and speeches) on www.cisac.org. In addition, a detailed report of CISAC’s 2009 World Copyright Summit will be published in the coming weeks.