Wednesday, May 23, 2012

Study: Fair Use of IP Benefits Economy

April 27, 2010 | 12:43 PM

A new study released Tuesday argues that while much attention is placed on protecting industries that create intellectual property, more focus should be placed on ensuring the future growth of firms that benefit from fair use of IP and produce economic benefits for the U.S. economy.

"While policy makers devote significant attention to copyright infringement, exceptions to copyright protection also promote innovation and are a major catalyst of U.S. economic growth," according to the study released by the Computer & Communications Industry Association. "Specific exceptions to copyright protection under U.S. and international law, classified here under the broad heading of 'fair use,' are vital to
many industries and stimulate growth across the economy."

The report was conducted for CCIA by the economic consulting firm Capital Trade Inc. and was based on data from 2007. The study found that fair-use dependent industries combined grew faster than the economy as a whole between 2002 and 2007, rising 36 percent during this period. From 2002-2007, revenues grew from $3.4 trillion to $4.7 trillion. The study also noted that the industry contributes significantly to U.S. employment, with firms that benefit from fair use employing about one out of every eight U.S. workers. In addition, it also claimed that exports from companies that benefit from fair use grew by 41 percent between 2002 and 2007.

Companies that the study defined as dependent on fair use of IP include manufacturers of consumer devices that allow individual copying of copyrighted programming, educational institutions, software developers, and Internet search and Web hosting providers.

"Broader regulation of economic activity by copyright might encourage additional creativity, but it will deter certain types of technology innovation, and may undermine competition and free expression," CCIA President Ed Black said in the study's preface. "Our information policy must therefore balance the incentives that IP regulation creates against the disincentives that result."

However, Copyright Alliance Executive Director Patrick Ross, whose group represents a broad range of IP creators, disputed the report's findings, saying it is based on an overly broad definition of companies that benefit from IP and includes firms that only occasionally engage in fair use of IP.

"Missing is a recognition that in every single case, fair use builds upon an existing, original copyrighted work. Without that creation, there is no fair use to practice," Ross said. He added that the report unnecessarily pits creators of IP against other innovators. "If everyone in the economic food chain is to succeed, then high-quality, professionally developed creative works must continue to be available, and that will only happen if copyright is respected and creators are able to earn a living from their work," he said.

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Juliana Gruenwald

Tech Writer

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Adam Mazmanian reports on technology for National Journal. He comes to NJ from SmartBrief, where he was a senior editor on the advertising, media and digital beats. Before moving to Washington, D.C., he worked as worked in New York City as an editor at AOL, About.com and the alternative newsweekly New York Press. He’s contributed book reviews, pop music criticism and film writing to Washington City Paper, the Washington Times, the Washington Post, Newsday, Architect Magazine and elsewhere. He lives in the Petworth neighborhood of Washington, D.C. with his wife and son.


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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.