On May 27, the International Anti-Piracy Caucus published its 2011 Country Watch List, identifying Canada, China, Russia, Spain and Ukraine as countries “that continue to lag in efforts to combat piracy.”  The caucus was formed in 2003 and is currently co-chaired by Sens. Whitehouse and Hatch, and Reps. Goodlatte and Schiff.  At a press conference announcing the list, Sen. Goodlattee warned of a “virtual evisceration of the legitimate market for American entertainment in many foreign countries.” Unlike the US Trade Representative’s Special 301 Report, the caucus’ Watch List is not required by a federal law, and unlike the Special 301 Report, it focuses specifically on copyright and copyright enforcement.  The report is brief (five pages) and it includes “specific steps each country must take to protect intellectual property sufficiently in the future.” 

The specific recommendations made by the caucus are:

  • Canada: “(1) ensure the liability under Canadian law of parties who facilitate, encourage, and profit from widespread infringement; (2) meaningfully engage ISPs in the fight against online piracy; (3) affirm that current law does not permit copying from unauthorized sources; (4) prevent the circumvention of technological protection measures, including through a prohibition on trafficking in circumvention devices; and (5) implement effective border measures (including a grant of ex officio power to seize infringing goods) to protect against the international distribution of infringing goods.”
  • China: “(1) quickly implement its most recent Joint Commission on Commerce and Trade (JCCT) commitment to establish liability for entities that facilitate online infringement; (2) increase actions to revoke business licenses from online services that deal in or provide access to infringing materials; (3) initiate criminal and administrative actions against entities that continue infringing operations; (4) fully implement the recent World Trade Organization decision concerning market access for audio-visual works, sound recordings, and publications; (5) expand market access for American companies and content, including by permitting the participation of foreign-invested enterprises in all aspects of production and distribution, eliminating burdensome and discriminatory censorship requirements, and lifting the ban on the sale of game consoles for the home; and (6) eliminate “indigenous innovation” policies that discriminate against foreign intellectual property.”
  • Russia: “(1) to impose penalties for online infringement, (2) to amend its Civil Code to encourage Internet service providers to cooperate with rights holders, (3) to adopt updated and uniform procedures for investigating and prosecuting copyright infringement; and (4) to undertake legal reforms to strengthen criminal and administrative penalties for copyright infringement.”
  • Spain: “(1) address peer-to-peer infringement; (2) work to reduce use of linking sites that facilitate access to infringing content; (3) modify current legislation and reverse government policies that hamper enforcement actions against infringers and that prevent rights holders from obtaining the information they need to take civil actions; and (4) clarify that the private copying exception does not apply to copies from unauthorized sources and widen the concept of “aim of profit” so that illegal peer-to-peer sharing can be pursued vigorously.”
  • Ukraine: “(1) initiate criminal prosecutions against the operators of rogue sites; (2) take down pirate websites, including those relying in bad faith on collecting society licenses; and (3) reform its copyright and telecommunications laws to address issues in the online environment, including by providing incentives for ISPs to work with rights-holders to address online theft and by establishing criminal penalties for the unauthorized camcording of films in theaters.”

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