Tech companies urge USTR to use trade deals to push for 'innovation-oriented' copyright framework

By Emmanuel Legrand

The Computer & Communications Industry Association (CCIA) and the Internet Association have warned the US government that new copyright legislation around the world, including the EU Copyright Directive, could impact the businesses of digital companies. In their respective filings with the US Trade Representative (USTR), in response to a request for comments in preparation for the USTR's yearly report on foreign trade barrier, both organisations list several potential threats to their activities. 

  “Countries are increasingly using outdated Internet service liability laws that impose substantial penalties on intermediaries that have had no role in the development of objectionable content. These practices deter investment and market entry, impeding legitimate online services,” wrote the CCIA, which counts Amazon, Cloudflare, Facebook, and Google among its members. The CCIA lists countries such as France, Germany, India, Italy, and Vietnam whose copyright legislation cause problems.

  The EU's new Copyright Directive is directly in the line of fire of the CCIA. “[T]he recent EU Copyright Directive poses an immediate threat to Internet services and the obligations set out in the final text depart significantly from global norms. Laws made pursuant to the Directive will deter Internet service exports into the EU market due to significant costs of compliance,” reads the CCIA filing. “Despite claims from EU officials, lawful user activities will be severely restricted. EU officials are claiming that the new requirements would not affect lawful user activity such as sharing memes, alluding to the exceptions and limitations on quotation, criticism, review, and parody outlined in the text.” 

Conflict with US law

  For the Internet Association — which represents such companies as Microsoft, Twitter, Google, Spotify, among others — the Copyright Directive is also a threat. “The EU’s Copyright Directive directly conflicts with US law and requires a broad range of US consumer and enterprise firms to install filtering technologies, pay European organisations for activities that are entirely lawful under the US copyright framework, and face direct liability for third-party content,” wrote the IA. 

  The AI said that in the current context, the USTR should use trade deals to push the agenda of US tech community and strong-arm countries to adopt a copyright regime similar to that of the USA, in particular wide "fair use" protections. "There’s a global race to set the rules for the digital economy," wrote the AI. "USTR should use trade deals to fight for adoption of America’s digital framework across the world and at the same time defend against attacks on US technology leadership. Other countries are adopting policies that threaten the success of the US digital economy both in the US and abroad, and these countries are also actively pressuring their trading partners to adopt such policies."

Streamlined procedures

  AI added: "USTR should focus on the inclusion of the free-flow of information, intermediary liability protections, a strong and innovation-oriented, copyright framework, and streamlined and simplified trade facilitation and customs procedures in future agreements."

  For TorrentFreak, new regulations such as the Copyright Directive "aim to help copyright holders, often by creating new obligations and restrictions for Internet service providers that host, link to, or just pass on infringing material. Rights holders are happy with these developments, but many Silicon Valley giants and other tech companies see the new laws as threats."


> The Artist Rights Alliance, which regroups artists and songwriters, sent a letter to the Chairs and Ranking Members of the House Judiciary (Jerrold Nadler and Doug Collins) and Energy & Commerce (Frank Pallone, Jr. and Greg Walden) committees, thanking them for "re-examining the decades old 'safe harbour' laws that have so profoundly shaped the internet" and their related efforts "to ensure the current safe harbours are not included in new trade agreements in order to preserve your ability to update and improve them."

  The Alliance notes that over the last two decades, the safe harbour laws "have worked in some important ways, helping internet platforms grow and thrive and establishing a vital baseline of free expression and openness online." However, while the Alliance does not believe the safe harbours "should be abandoned or repealed," the organisation added that these laws "have clearly failed." 

  These laws, according to the ARA, "must be updated and reformed to help us create a fairer, safer, and more secure internet for our times — and for the next generation."