Copyright and Knowledge ExpansionDan DuncanSr. Director, Government AffairsTrans-Pacific Partnership Stakeholder Presentat...
McGraw-Hill Brands1
McGraw-Hill and the Knowledge Economy    Products & Services           Market              Customer           Driven      ...
Our Business Values                      Defense of    Respect for       freedom of    established                        ...
Overview of Our Business Objectives            • We provide critical content to the financial services,              educa...
Copyright and Its Role in Bringing Products to the     Market    Copyright Law        Investment            Availability  ...
Value of Copyright to Society                                  Direct Employment,                                   Skille...
Changing Nature of Piracy             1990’s                 2000’s                                                       ...
The Need for International Norms    • In a globally connected world, incentives to create      and expand knowledge must b...
Copyright and Freedom of Expression“Concerning the First Amendment, we recognized that somerestriction on expression is th...
Privacy Rights and Illegal Behavior     Privacy Rights Are Not an Absolute Shield Against Illegal                         ...
Internet Piracy and Privacy Rights      “….[T]here is no legitimate reposing of trust      pursuant to contract or reasona...
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Copyright and Knowledge Expansion: Dan Duncan of The McGraw-Hill Companies

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Dan Duncan, Sr. Director, Government Affairs at The McGraw-Hill Companies discusses Copyright and Knowledge Expansion at the Trans-Pacific Partnership Stakeholder Presentation in Leesburg, VA on Sept. 9, 2012.

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Copyright and Knowledge Expansion: Dan Duncan of The McGraw-Hill Companies

  1. 1. Copyright and Knowledge ExpansionDan DuncanSr. Director, Government AffairsTrans-Pacific Partnership Stakeholder PresentationLeesburg, VA September 9, 2012
  2. 2. McGraw-Hill Brands1
  3. 3. McGraw-Hill and the Knowledge Economy Products & Services Market Customer Driven Focused Solutions Digital Interactive Based2
  4. 4. Our Business Values Defense of Respect for freedom of established Protection expression. of customer laws and processes. privacy. To help create a smarter, better world and meet critical needs for the knowledge, insights and analysis to help individuals, markets and countries grow and prosper.3
  5. 5. Overview of Our Business Objectives • We provide critical content to the financial services, education and business markets. • We align with three enduring global needs: • Capital to fuel economic growth. • Knowledge to spur innovation. • Transparency to ensure user confidence and value.4
  6. 6. Copyright and Its Role in Bringing Products to the Market Copyright Law Investment Availability • High Quality • Increased Access • Rights under law Products/Services • Multiplicity of • Enforcement • Delivery to Formats and Tools Markets5
  7. 7. Value of Copyright to Society Direct Employment, Skilled Workforce Established Copyright Owners & New Market Entrants Increased Increased Creativity Knowledge and and Innovation Indirect Employment6
  8. 8. Changing Nature of Piracy 1990’s 2000’s 2010’s Individual Increasing digital distribution by P2P and cyberlocker infringements with individuals of full text sites that serve as little or no materials, often centers for piracy, distribution, often resolved through less resolvable, unintended, usually notice and unless a site owner resolved via direct takedown. is identifiable willing communication with to cooperate. user.7
  9. 9. The Need for International Norms • In a globally connected world, incentives to create and expand knowledge must be consistent for all to benefit. • Legal certainty = predictable markets. • Without certainty about rights and enforcement, copyright owners will not provide products and services nor expand investments.8
  10. 10. Copyright and Freedom of Expression“Concerning the First Amendment, we recognized that somerestriction on expression is the inherent and intended effectof every grant of copyright.”“[W]e observed that the Framers [of the Constitution]regarded copyright protection not simply as a limit on themanner in which expressive works may be used. They alsosaw copyright as an ‘engine of free expression[:] Byestablishing a marketable right to the use of one’sexpression, copyright supplies the economic incentive tocreate and disseminate ideas.’” U.S. Supreme Court, Golan v. Holder, 565 U. S. ____ (2012) (emphasis added; citations omitted)9
  11. 11. Privacy Rights and Illegal Behavior Privacy Rights Are Not an Absolute Shield Against Illegal Behaviors “Member States may adopt legislative measures to restrict the scope of the rights and obligations provided…when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security…, defense, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorized use of the electronic communication system….” Article 15, Directive 95/46/EC of the European Parliament and of the Council10
  12. 12. Internet Piracy and Privacy Rights “….[T]here is no legitimate reposing of trust pursuant to contract or reasonable expectation…[of anonymity] when a person goes on the internet with a view to uploading or downloading what does not belong to them. That circumstance does not give rise to any constitutional entitlement or human right to remain immune from a…[content owner] also participating in that open forum to discover the economic damage being done to it….” EMI & Others v. Eircomm, The High Court of Ireland, Commercial Judicial Review, 2012/167 JR (emphasis added)11
  13. 13. Thank you.

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