ACTA, Cyberactivism and the Political Economy of Copyright
The Statute of Ann, the first modern copyright act enacted in 1709, provided a maximum copyright protection of 28 years. Currently, in most developed countries, copyright protection expires 70 years after the author's death. How can we explain so radical extension of the duration of copyright protection? Is it good for the society?
Although it is very difficult to determine the optimal copyright length, analysis of the history of intellectual property law suggests why we experience extension instead of reduction of copyright protection term. Strengthening protection of intellectual property gives owners of that property economic rents (pure profit), while the motivations of those who oppose the expansion of the IP protection are from the economic point of view weaker. Additionally, one should also note the complexity of the intellectual property law and the collective action problem on the side of consumers of the copyright-based products. Indeed, this makes it very difficult for public opinion to influence the process of lawmaking.
The advent of the Internet and social networking sites makes it easier for opponents of the expansion of the intellectual property law to organize and state their case. The presentation shows three cases which can be interpreted as a sign of a new trend in the process of shaping copyright laws. First – Eldred v. Ashcroft, 537 U.S. 186 (2003) – was a court case in the US challenging the constitutionality of the most recent extension of copyright term (from 50 to 70 years after the author's death). The case was lost in the Supreme Court of the US – the extension of copyright was held to be constitutional. Second – the “HADOPI law” – was French legislation aimed at combating digital piracy. It was opposed by small but very active groups of Internet activists who managed to hamper the legislative process.
Third – the Anti-Counterfeiting Trade Agreement – is the most recent, and therefore not yet fully investigated case of public opinion engagement in the process of shaping the IP law. The presentation will explain how ACTA was negotiated, what were its aims and how the anti-ACTA protests that broke out in various European countries resulted in several governments suspending ratification of the treaty, which was followed by the European Parliament rejecting the agreement.
Patryk Galuszka is Assistant Professor at the Institute of Economics at the University of Lodz, Poland and Junior Fellow at the CEU Institute for Advanced Study. He holds a PhD in Management from the University of Lodz and an LL.M. from Erasmus University Rotterdam. He is the author of “Biznes Muzyczny” – the first Polish monograph on the recording industry. He has also published in such journals as First Monday and Virginia Sport and Entertainment Law Journal, and has contributed to several book chapters. His research interests include media economics, creative industries, intellectual property and popular music studies. Some of his papers can be found here.