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Update: 'Copyright Czar' Bill Heads to Bush

On Friday, the U.S. Senate passed the controversial Pro-IP Bill, which would effectively create a "copyright czar" answering to the President. A compromise bill will now be worked on by the House, before being signed by President Bush.

September 29, 2008
Update 9/29: A compromise bill has passed a House vote on Sunday, and will be sent to President Bush for his signature.

On Friday, the U.S. Senate passed the controversial Pro-IP Bill, which would effectively create a "copyright czar" answering to the President.

On Wednesday, Sen. Ron Wyden asked and was granted a request to remove a provision that would have required the Department of Justice to enforce copyright provisions, after the DOJ had objected. However, the bill, as passed, does create an Intellectual Property Enforcement Coordinator that will serve within the Office of the President.

The bill now moves to the U.S. House of Representatives, which in May. After differences in the two bills are worked out, the compromise bill will be passed to President Bush for his signature before the end of the congressional session.

According to the Senate bill, the IPEC will chair a committee made up of representatives from the Office of Management and Budget, the DOJ, the U.S. Trade Representative, the Patent and Trademark Office, the Department of Homeland Security, the FDA, and others.

As written, the IPEC "may not control or direct any law enforcement agency in the exercise of its investigative or prosecutorial authority". But its primary function is to develop a "joint strategic plan" to wage war on those who infringe copyrights, which include facilitating the sharing of information across law-enforcement agencies and between other countries.

The House bill also contains language which would create its own copyright chief, which the House bill refers to as an "IP Enforcement Representative".

But the House bill also would create an "Intellectual Property Enforcement Division" within the Office of the Deputy Attorney General, which the DOJ objected to in the Senate bill. It would be responsible for criminal intellectual property enforcement.

Both bills increase the penalties for copyright infringement.

The RIAA voiced its support for the bill. "This bill truly is music to the ears of all those who care about strengthening American creativity and jobs," Mitch Bainwol, chairman and chief executive of the RIAA, said in a statement. "At a critical economic juncture, this bipartisan legislation provides enhanced protection for an important asset that helps lead our global competitiveness. The intellectual property industries are widely recognized as a cornerstone of the U.S. economy. Additional tools for intellectual property enforcement are not just good for the copyright community but for consumers who will enjoy a wider array of legitimate offerings."