A coalition of representatives from nations around the world has been working on the Anti-Counterfeiting Trade Agreement – a set of standards for copyright laws applying to everything from music files to hand bags to generic drugs.
Few know about this undertaking and fewer understand exactly how it will affect their lives and business – because the laws are being created in almost complete secrecy. Further, no organization of content producers are included in the negotiations. No artists, musicians or writers have any input on the laws that may erect a wall between them and their fans.
Several provisions of the agreement have been leaked, including some just this month. What has been leaked is both enraging and frightening.
A provision is included that requires your Internet service provider (ISP) to monitor everything you do online for any activity that resembles illegal copying or even the intention to violate copyright. They then have to provide the information to law enforcement or copyright holders – no warrant required.
A three-strikes policy is to be implemented that will force your ISP to cut off your Internet access if you have been accused – just accused, not convicted – of illegal copying.
The coalition wants world-wide adoption of so-called anti-circumvention laws. That is, the criminalization of going around the digital locks and copy-protections on media, regardless of the reason. So if a badly-written software upgrade for your iPod makes it impossible to listen to your music, any attempt you make to find another way to listen to the music you paid for will be a crime.
Thankfully, wiser heads such as German minister of justice Sabine Leutheusser-Schnarrenberger are decrying the secrecy the agreement is being developed under and are calling for disclosure of relevant documents from the negotiations, allowing more public discussion.
As a media producer and copyright holder itself, the Et Cetera understands the need for copyright laws. Yet it is our opinion that laws created without public input and oversight are rarely good laws. Copying information is fundamental to how the Internet works. If you are reading this on our webpage, it is a copy, as is every image you see online. At the least, it is reactionary and counter-productive to use heavy-handed legislation to try and support a business model for the sale of copyrighted material which has been rendered obsolete by technological advances.
All content producers are struggling to find ways of getting paid in our new world of digital distribution. Heavy-handed laws written without input and oversight by all stakeholders are not the answer.