Peters – Piracy of IP
“Piracy of Intellectual Property.”Statement of Marybeth Peters.The Register of Copyrights before the Subcommittee on Intellectual Property, Committee on the Judiciary. 25 May 2005. U.S. Senate, 109th Congress, 1st Sess. 13 July 2009. <http://www.copyright.gov/docs/regstat052505.html>.
- Peters recognizes that it is not realistic to end piracy globally or in the U.S.
- Two elements in the protection of copyright: a) legal framework that creates basic rights for copyright owners and establishes procedures for enforcement of those rights; and b) application of legal rules to ensure that copyright owners have actual, effective protection against infringement.
- Peters recognizes that TRIPS has been successfully implemented in 148 countries due to obligatory enrollment with WTO membership.
- “ICI” – international copyright institute – led by the U.S. government. This program exposes foreign officials to copyright knowledge and information with a U.S. view in mind.
- The U.S. copyright office has been instrumental in strengthening the WIPO and WIPO Performances and Phonograms Treaty (WPPT). These agreements are written into the DMCA.
- Peters notes that “American creative industries now have improved legal regimes around the world, increasing their opportunity to sell their products and services on a level playing field.”
- Peters recognizes that TRIPS “has been a tremendously valuable tool in advancing the development of legal structures to support enforcement of copyright around the world.”
- Peters identifies China’s IP problem as a lack of enforcement.
- The two reasons for a lack of enforcement of IP regimes: 1) lack of competent police, prosecutors, and/or judges; and 2) lack of political will to enforce (the much more difficult of the two).
- Peters makes a strong argument about the different kinds of piracy: one type is P2P by college students and the other is mass infringement by criminal syndicates.




