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.

1. Copyright and Knowledge Expansion
Dan Duncan
Sr. Director, Government Affairs
Trans-Pacific Partnership Stakeholder Presentation
Leesburg, VA
September 9, 2012

2. McGraw-Hill Brands
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3. McGraw-Hill and the Knowledge Economy
Products & Services
Market Customer
Driven Focused
Solutions
Digital Interactive Based
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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.
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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.
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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
Markets
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7. Value of Copyright to Society
Direct Employment,
Skilled Workforce
Established
Copyright
Owners &
New Market
Entrants
Increased
Increased Creativity Knowledge and
and Innovation Indirect
Employment
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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.
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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.
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10. Copyright and Freedom of Expression
“Concerning the First Amendment, we recognized that some
restriction on expression is the inherent and intended effect
of every grant of copyright.”
“[W]e observed that the Framers [of the Constitution]
regarded copyright protection not simply as a limit on the
manner in which expressive works may be used. They also
saw copyright as an ‘engine of free expression[:] By
establishing a marketable right to the use of one’s
expression, copyright supplies the economic incentive to
create and disseminate ideas.’”
U.S. Supreme Court, Golan v. Holder, 565 U. S. ____ (2012)
(emphasis added; citations omitted)
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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 Council
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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)
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13. Thank you.