Copyright Green Paper
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Copyright Green Paper
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COPYRIGHT POLICY, CREATIVITY, AND INNOVATION IN THE DIGITAL ECONOMY
THE DEPARTMENT OF COMMERCE INTERNET POLICY TASK FORCE
July 2013
Copyright law in the United States is founded on the Constitutional goal of
“promot[ing] the Progress of Science and useful Arts” by providing exclusive rights to
creators. Protection by copyright law gives creators incentives to produce new works and distribute them to the public. In doing so, the law strikes a number of important balances in delineating what can be protected and what cannot, determining what uses are permitted without a license, and establishing appropriate enforcement mechanisms to combat piracy, so that all stakeholders benefit from the protection afforded by copyright. A 2012 Commerce Department economic study showed that intellectual-property-intensive industries account for tens of millions of jobs and several trillion dollars of our GDP. Among these, copyright-intensive industries contributed 5.1 million jobs and grew by 46.3 percent between 1990 and 2011, outpacing other IP-intensive industries as well non-IP-intensive ones. Th
is vital contribution is a tribute to the Founders’
vision in providing for the protection of creative works.
The reasons to protect creative works go well beyond the economic benefit. America’s
writers, musicians, filmmakers, photographers, sculptors and other creators make up the lifeblood of our culture, build new stores of knowledge, and shape how we see ourselves
—
and how the world sees us as well. Their influence extends beyond our borders; our copyrighted works weave a compelling narrative of the opportunity and possibility of America, and continue to be at the forefront of the global creative marketplace. We must continue to nurture such extraordinary creative resources. The goals of our national copyright policy and our global Internet policies can and should work in tandem. United States Internet policy has avoided fragmented and prescriptive rules that frustrate innovation and undermine consumer trust. The United States, in collaboration with other stakeholders around the world, supports a model of Internet governance that facilitates transparency, promotes cooperation, and strengthens multistakeholder governance, allowing innovation to flourish while building trust and protecting other important rights and interests. Although copyright laws are territorial and U.S. copyright policy is designed to fit circumstances in the United States, online distribution and debates are global. The United States can demonstrate that our copyright framework provides strong and effective protection, balanced by exceptions that enable uses of copyrighted works in the public interest and supported by appropriate enforcement mechanisms in the digital environment, while it safeguards cybersecurity, privacy, and freedom of expression. In April 2010, then-Secretary of Commerce Gary Locke launched the Internet Policy Task Force (IPTF), which brings together the technical, policy, trade, economic, and legal expertise of many Commerce bureaus, including the United States Patent and Trademark Office (USPTO), the National Telecommunications and Information Administration (NTIA), the International Trade Administration (ITA), the National Institute of Standards and Technology (NIST), and the Economic and Statistics Administration (ESA). Together, these bureaus have worked in the IPTF to identify leading public policy and operational challenges in the digital economy. In turn, the IPTF has developed approaches to strengthen protections for consumer data privacy, enhance cybersecurity practices, safeguard the global free flow of information, and
