2. 1 CPTWG MEETING #85 December 8, 2004 Legislative/Regulatory Update Jim Burger jburger@dowlohnes.com CPTWG MEETING #85 December 8, 2004 Legislative/Regulatory Update Jim Burger jburger@dowlohnes.com

3. 2 OverviewOverview n Legislation u Family Entertainment and Copyright Act of 2004 (S. 3021) u Omnibus Appropriations Bill (S. 2809) n Regulatory u Appeal of Broadcast Flag n Legislation u Family Entertainment and Copyright Act of 2004 (S. 3021) u Omnibus Appropriations Bill (S. 2809) n Regulatory u Appeal of Broadcast Flag

4. 3 S. 3021: Family Entertainment & Copyright Act of 2004 n Senate’s final copyright bill includes three of the measures previously considered: u ART Act F Criminalizes video camcorder use in movie theaters and pre-release distribution of copyrighted works over Internet u Family Movie Act F Provides exemption from copyright infringement claims for ClearPlay DVD technology allowing consumers to skip over certain content (e.g., adult content or violence) –Only applies to pre-recorded movies (not other television programming) –No fixed copy of the altered work may be made u Anti-Counterfeiting n Senate’s final copyright bill includes three of the measures previously considered: u ART Act F Criminalizes video camcorder use in movie theaters and pre-release distribution of copyrighted works over Internet u Family Movie Act F Provides exemption from copyright infringement claims for ClearPlay DVD technology allowing consumers to skip over certain content (e.g., adult content or violence) –Only applies to pre-recorded movies (not other television programming) –No fixed copy of the altered work may be made u Anti-Counterfeiting

5. 4 S. 3021: Family Entertainment and Copyright Act of 2004 (cont.) n The bill does not include: u Induce Act u PIRATE Act u Certain provisions of House’s Piracy Deterrence and Education Act (provisions authorizing DOJ to criminally prosecute P2P users who distribute more than 1,000 copyrighted files) n Passed Senate (Nov. 20) n Bill could get derailed in the House because it also includes controversial provisions that would establish a federal boxing commission n Camcord Legislation Hits Pause Tue Dec 7, 2004 3:52 AM ET n The bill does not include: u Induce Act u PIRATE Act u Certain provisions of House’s Piracy Deterrence and Education Act (provisions authorizing DOJ to criminally prosecute P2P users who distribute more than 1,000 copyrighted files) n Passed Senate (Nov. 20) n Bill could get derailed in the House because it also includes controversial provisions that would establish a federal boxing commission n Camcord Legislation Hits Pause Tue Dec 7, 2004 3:52 AM ET

6. 5 S. 2809: Omnibus Appropriations Bill n Provides $2 million to the National Intellectual Property Law Enforcement Coordination Counsel (NIPLECC) to coordinated domestic & international IP law enforcement n Establishes Coordinator for International Intellectual Property Enforcement as NIPLECC head u “IP Czar” appointed by the President responsibility include: F establishing policies and objectives concerning intellectual property law enforcement at home and abroad F coordinating implementation of such policies by U.S. agencies charged with enforcement of intellectual property laws F developing a budget to accomplish these tasks n Provides $2 million to the National Intellectual Property Law Enforcement Coordination Counsel (NIPLECC) to coordinated domestic & international IP law enforcement n Establishes Coordinator for International Intellectual Property Enforcement as NIPLECC head u “IP Czar” appointed by the President responsibility include: F establishing policies and objectives concerning intellectual property law enforcement at home and abroad F coordinating implementation of such policies by U.S. agencies charged with enforcement of intellectual property laws F developing a budget to accomplish these tasks

7. 6 Broadcast Protection n Government Files Its Reply Brief u Jurisdiction F Argues Communications Act Section 1 & 2 grants jurisdiction over devices F ACRA a “clarification”- didn’t withdraw FCC’s ability to regulate devices F Found ancillary jurisdiction also appropriate u Arbitrary & Capricious F Rests on rational and permissible predictions about the communications industry and valid communications policy objectives n Government Files Its Reply Brief u Jurisdiction F Argues Communications Act Section 1 & 2 grants jurisdiction over devices F ACRA a “clarification”- didn’t withdraw FCC’s ability to regulate devices F Found ancillary jurisdiction also appropriate u Arbitrary & Capricious F Rests on rational and permissible predictions about the communications industry and valid communications policy objectives

8. 7 FTC P2P File-Sharing Workshop

9. 8 NEW FRONTIERS IN DIGITAL VIDEO: n RECENT DEVELOPMENTS IN COPYRIGHT LAW AND THE FCC’S ROLE IN CONTENT PROTECTION u FCBA CLE u December 15, 2004 u 6:00 – 8:00 p.m. u Dow Lohnes and Albertson n Panelists will include Fritz Attaway (Executive Vice President and Washington General Counsel, Motion Picture Association of America), Sarah Deutsch (Vice President and Associate General Counsel, Verizon Communications), Gigi Sohn (President, Public Knowledge), James M. Burger (Partner, Dow Lohnes & Albertson, PLLC) and Rick Chessen (Chief, Digital Television Task Force, FCC). n The two-hour program will feature a spirited discussion. Panelists first address recent developments in copyright law associated with the delivery of video content over the Internet, including via peer-to-peer networks. Panelists also will discuss the Federal Communications Commission’s role in copyright protection of video content in digital television broadcasts through FCC measures such as the “broadcast flag” standard. n RECENT DEVELOPMENTS IN COPYRIGHT LAW AND THE FCC’S ROLE IN CONTENT PROTECTION u FCBA CLE u December 15, 2004 u 6:00 – 8:00 p.m. u Dow Lohnes and Albertson n Panelists will include Fritz Attaway (Executive Vice President and Washington General Counsel, Motion Picture Association of America), Sarah Deutsch (Vice President and Associate General Counsel, Verizon Communications), Gigi Sohn (President, Public Knowledge), James M. Burger (Partner, Dow Lohnes & Albertson, PLLC) and Rick Chessen (Chief, Digital Television Task Force, FCC). n The two-hour program will feature a spirited discussion. Panelists first address recent developments in copyright law associated with the delivery of video content over the Internet, including via peer-to-peer networks. Panelists also will discuss the Federal Communications Commission’s role in copyright protection of video content in digital television broadcasts through FCC measures such as the “broadcast flag” standard.