Experts Urge Global Synchronization Of Copyright Laws
by Andrew Noyes

     MONTREAL -- The absence of synchronization among international copyright laws is hampering a robust worldwide digital marketplace, panelists said Saturday at the Future of Music Coalition policy summit here.
     Licensing agreements and copyright bodies traditionally have been inhibited by territory, but technology has removed national borders in the music industry, they said. Experts were cautiously optimistic about the prospect of an international licensing regime in the future.
     The global licensing idea has fueled national debates, and has led to pan-European licensing deals and international treaties. But coalition General Counsel Walter McDonough said treaty-signing "does not mean that the laws of each country are similar."
     Subtle differences in copyright laws "are very difficult" for practitioners to follow," he said. When a problem arises in a foreign country, "the default mechanism is to try to find a person in that particular jurisdiction because people don't have the time or inclination to research the law on their own."
     Keeping up with countries' World Intellectual Property Organization commitments is particularly vexing for Ryerson University professor Laura Nenych. "Did they sign on? Did they ratify?" she asked. "We're all in flux. Nobody is quite sure what's what."
     RealNetworks Vice President Tim Quirk illustrated the problem by explaining the red tape encountered by his company's Rhapsody music service. The Internet-based program can be accessed anywhere, but foreign users frequently are denied tunes.
     Complaints from overseas Web surfers who call him "imperialist swine" do not understand the barriers the business faces behind the scenes -- and "they shouldn't have to," Quirk said.
     Different subscription tiers allow users to stream music from Rhapsody's servers, listen on portable devices, "burn" tracks on their computers and enjoy "tethered" downloads, which expire when subscriptions are canceled.
     Each track RealNetworks wants to offer must be approved by recording labels and music publishers for each delivery model. Rights holders can accept some uses of the music and reject others, he said. "And that's the U.S. only. We have to negotiate in those in every territory we go to," Quirk explained.
     But even if copyright laws were identical, digital music providers still would have to obtain country-specific clearances for each song, noted Ann Chaitovitz, an attorney-adviser for the U.S. Patent and Trademark Office.
     Neither members music' value chain nor policymakers can keep pace with technology regardless of the country, said Willem Wanrooij who represents the Dutch collection society Buma/Stemra. His group is working with the European Union on a "very simple proposal" for copyright harmonization, but "this transitional period from old time to new time will take a couple of years more," Wanrooij said.
     International Confederation of Authors and Composers Societies Director General Eric Baptiste agreed that change is needed. "There are legitimate reasons for putting together frameworks for global licensing," he said.