All posts by Michelle Wein
Each year, the Motion Picture Association of America (MPAA) hosts a large conference at the Newseum dedicated to highlighting what is new in creativity, content, and technology around the world. At the most recent confab, held on Friday, April 24, MPAA’s message focused on how creativity and innovation will play an even more integral role in the future than they do today. Indeed, the Creativity Conference is about exploring the critical intersection between technology and the arts, and their capacity to drive invention and economic growth across industries and regions. Bringing together leaders from the worlds of politics, media, business, and the arts, the Creativity Conference engages its audience in an open dialogue on the meaning of creativity, its economic impact across sectors, and the ways in which we can continue to protect and nurture American innovation and innovators.
At the conference, a group of leading, innovative women discussed the ways in which Hollywood and Washington, D.C. intersect. Rep. Rosa DeLauro (D – CT), Evan Ryan (Assistant Secretary of State for Educational and Cultural Affairs), Barbara Hall (Creator and Executive Producer, Madam Secretary) and Lori McCreary (President, Producers Guild of
It appears that the global club of those who do not adequately appreciate intellectual property (IP) has gotten a new member: Ecuador. In the past few years the IP environment inside that small South American nation has deteriorated quite significantly, especially with regard to the protection of pharmaceuticals and biologics. And as the situation continues to worsen, those of us around the world paying attention are probably all thinking the same thing: You’re ruining it for everyone else.
Indeed, Ecuador’s weakening life sciences IP situation is just one of a long line of countries doing so around the world, including Canada, India, Nigeria, the Philippines, and South Africa. Ecuador’s decision to weaken its environment for life sciences IP risks perpetuating this global contagion effect. For example, since 2010 the nation’s main IP agency (responsible for ensuring IP rights, including enforcement and promotion) the Ecuadorian Intellectual Property Institute, has granted nine compulsory licenses (CLs) with 12 applications still pending. Six of those nine CLs were issued in 2014 alone, including one for Pfizer’s kidney and gastrointestinal cancer medication, Sutent. According to the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights
Today, U.S. Trade Representative Michael Froman will address the 114th Congress regarding the necessity of passing Trade Promotion Authority (TPA) as a predicate for completion of the ambitious U.S. trade agenda. TPA allows the President to “fast-track” trade agreements for approval or disapproval by Congress; essentially, TPA asks the House and Senate to accept or reject a trade agreement, without amendment, within 90 days of its submission to Congress by the President. The process enables the United States to negotiate more beneficial trade agreements with other countries, in part because of the reduction in approval time compared to other pieces of legislation (that often languish in committee markup) and because it incentivizes foreign countries to make good faith trade negotiations with the United States, since they know that Congress cannot rewrite the deal.
Presidents need fast-track negotiating authority because the simple reality is that finding consensus on trade agreements becomes nearly impossible if all 535 members of Congress get a chance to rewrite the terms of trade agreements American officials have spent painstaking years negotiating with multiple foreign partners. And as Representative Froman wrote in a recent Foreign Affairs
Intellectual property rights (IPRs) attempt to balance static and dynamic efficiency. By allowing innovators to appropriate a greater share of the value generated from their ideas, IPRs can create incentives for investment in research and development (R&D). With regard to pharmaceuticals for developing countries, incentives for drug development are critical, since many diseases prevalent in developing countries lack appropriate treatments. However, those in the global health community often allege that prices of new innovative drugs under patent make them unaffordable to most people in developing countries because of the absence of generic competition.
Thus, understanding the effects of IPRs on access and affordability are important for researchers, policymakers, and firms. In December 2014, Margaret Kyle and Yi Qian published a new paper investigating this with the National Bureau of Economic Research. Titled Intellectual Property Rights and Access to Innovation: Evidence from TRIPS, the authors examine the effect of pharmaceutical patent protection on the speed of drug launch, price, and quantity in 60 countries from 2000-2013.
The paper begins by noting that though the introduction of IPRs is an endogenous decision taken by policy makers, developing countries were required by
On Tuesday, Swedish officials shutdown the notorious illegal file-sharing website The Pirate Bay, striking a serious blow against the content thieves that have sucked millions of dollars out of the U.S. economy. Rushing to defend The Pirate Bay, however, was Caitlin Dewey, a blogger at the Washington Post focusing on Internet and digital culture. On her the blog The Intersect, she wrote an article alleging that the removal of The Pirate Bay from the Internet will do nothing to stem the rise of online piracy. Indeed, she argues that The Pirate Bay, “has done something a bit more significant, and a bit more permanent, too: It’s made digital piracy a casual, inarguable part of the mainstream.”
First, her argument that because piracy is common today, it will be common tomorrow reflects a surprisingly poor understanding of the history of the Internet (especially for a tech blogger). If there is one lesson from the Internet economy it is that nothing is permanent. This applies not only to website like MySpace, but also online behavior: how often are you instant messaging these days?
Second, by alleging that piracy is an inevitable part
Today, the Motion Picture Association of America (MPAA) launched its innovative new Website: WheretoWatch.com (WTW). The search engine is a simple way for consumers to find all the movies and television they are interested in viewing — from new episodes of The Mindy Project to classics like Casablanca and even Oscar contenders still in theaters, such as The Theory of Everything. Indeed WTW allows consumers to:
- Search for movie/TV show availability on digital downloading sites, streaming sites or in stores;
- Find theater times and locations for every newly released movies nearby;
- Receive notifications when the content they are interested in becomes available from their favorite providers.
The site works by aggregating content from a range of outlets, including Netflix, Amazon, iTunes, Xbox and smaller indie sites such as Snag Films and WolfeOnDemand. By simplifying the search process, consumers will be able to find exactly what they are looking for exactly when they want it: it marries accessibility to content for customers with protection of the intellectual property for creators of the content.
Even more importantly, however, WTW reaffirms the commitment that Hollywood is making toward more legally available content.
This afternoon, the United States and India resolved their differences over New Delhi’s insistence for an interim mechanism for public stockholding programs for food security to continue until members reach a permanent solution – paving the way for breaking the impasse over implementation of the Trade Facilitation Agreement (TFA) at the World Trade Organization (WTO).
The TFA seeks to create binding commitments across 159(+) WTO Members to: 1) expedite the movement, release and clearance of goods; 2) improve cooperation among WTO Members on customs matters; and 3) help developing countries fully implement these obligations. In addition, the agreement promises to increase customs efficiency and effective collection of revenue, and help small businesses access new export opportunities through measures like transparency in customs practices, reduction of documentary requirements, and processing of documents before goods arrive.
Consequently, the TFA’s potential impact on facilitating global trade should not be overlooked. One study estimated the TFA could increase global output by about $1 trillion, while adding as many as 21 million new jobs, most of which would have flowed to developing nations such as India. The OECD estimated that it would cut global trade
Last Friday, Google published its new How Google Fights Piracy report with details of the improved methods Google is using to combat piracy across a variety of its services. While the report itself is an impressive overview of the many policies and protocols Google has put in place, as well as the results of such protocols, most notable are the three ways Google has reformed search over the last year: demoting sites with many DMCA takedown notices, removing piracy-related autocomplete terms, and improving ad formats.
The report notes that in 2013, Google received just over 224 million DMCA requests for Google search results and they removed over 222 million of them, with an average turnaround time of six hours or less. But in addition to removing these infringing pages from search results (whether through its content removal webform or the Trusted Copyright Removal Program that allows trusted content owners to submit bulk takedown requests), Google has improved and refined its search algorithm to rank sites in part by how many removal notices it has received. Consequently, sites with high numbers of removal notices are demoted to lower search results. This
The film and TV industry receives a lot of flak from critics for being its own worst enemy. If Hollywood studios want consumers to pay for content, the argument goes, then they should make it easier to download legally. If piracy is a problem for the industry, then maybe it should take a hard look in the mirror.
The only problem with this argument is that it’s completely false. KPMG just released a first of its kind study assessing the availability of movies and TV shows online. It found that as of December 2013, 81 percent of the 808 unique films studied were available on at least 10 of the 34 online video-on-demand (VOD) service providers. Only 50 of the films studied were not available on any of the 34 online video offerings that KPMG reviewed. The study also found rapid growth in the number of TV viewing options available to audiences. Overall, 85 percent of the most popular and critically acclaimed TV titles were available in the U.S. through legitimate online video services.
This development could not be timelier, with both the ramp up to the Oscars and Fall
Last Monday night, the television world was abuzz with anticipation for what seemed like the perfect end to the “McConaissance”: an Emmy, in the same year as his Oscar, for actor Matthew McConaughey’s performance in the acclaimed HBO drama True Detective. Defying all expectations (and perhaps the Vegas odds) McConaughey lost to repeat winner Bryan Cranston, for his equally acclaimed work on the hit AMC series Breaking Bad. The triumph of TV stardom over movie stardom is rare in Hollywood, and as host Seth Meyers noted at the beginning of the night, “[TV’s] not like that high-maintenance diva movies, who expect you to put on pants and drive all the way over to her house and buy $40 worth of soda.” Perhaps this is why TV is also gaining on movies in another area besides awards: piracy.
Piracy in TV is rapidly increasing, as just about every Emmy-nominated show—broadcast, cable, pay-per-view and streaming—suffers from illegal downloads. In fact, surprisingly, according to Tru Optik, it is Netflix’s Orange is the New Black (OITNB) that secured the second spot this year, behind oft-cited industry statistic, HBO’s Game of Thrones.