International Intellectual Property Alliance® (IIPA®)
The IIPA is a private sector coalition, formed in 1984, of trade associations representing U.S. copyright-based industries working to improve international protection and enforcement of copyrighted materials and to open foreign markets closed by piracy and other market access barriers.
IIPA’s six member associations appear below, and represent over 3,200 U.S. companies producing and distributing materials protected by copyright laws throughout the world—computer and video games for video game consoles, personal computers, and the Internet; theatrical films, television programs, DVDs and home video and digital representations of audiovisual works; music, records, CDs, and audiocassettes; and fiction and non-fiction books, education instructional and assessment materials, and professional and scholarly journals, databases and software in all formats. Visit www.iipa.com. Members of the IIPA include Association of American Publishers, Entertainment Software Association, Independent Film & Television Alliance, Motion Picture Association of America, National Music Publishers’ Association, and Recording Industry Association of America.
The U.S. copyright-based industries are one of the strongest and most dynamic sectors of the U.S. economy. Yet, piracy and market access barriers impose massive costs to U.S. copyright industries, damaging existing authorized distribution channels and impeding the evolution of legitimate new channels for distribution. Content industries – legitimate businesses built on copyright – face increasing threats, as they must compete with the massive proliferation of illegal goods and services unencumbered by costs associated with either producing copyright materials or obtaining rights to use them. IIPA and its member associations, working with the U.S. Government, foreign governments, and local rights holder representatives, analyze and work to reform copyright laws and enforcement regimes around the globe, seeking adequate levels of copyright protection and effective enforcement that will foster economic, technological, and cultural developments in these countries, and that will deter piracy and improve market access. These changes in turn encourage local investment, creativity, innovation and employment, resulting in value added to the U.S. economy, the creation of good jobs, and increasing exports.
Examples of what we do:
Special 301 Review: IIPA submits reports to the U.S. Trade Representative (USTR) and other agencies in the U.S. Government’s annual “Special 301” review on whether acts, policies or practices of any foreign country deny adequate and effective protection of intellectual property rights or deny fair and equitable market access for U.S. persons relying on intellectual property protection. In February 2014, IIPA filed its 26th Special 301 submission with USTR, analyzing legal and enforcement deficiencies and/or recommending corrective actions in over 46 countries/territories.
TRIPS Agreement and WIPO Treaties Implementation: IIPA was the principal representative of the copyright industries in assisting the U.S. Government in the WTO Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations, and was an active NGO at WIPO during the WIPO Diplomatic Conference leading to the completion of the two “Internet” Treaties, the WIPO Copyright Treaty (WCT) and the WIPO Performance and Phonograms Treaty (WPPT) in 1996. IIPA has actively engaged in efforts to ensure full implementation of TRIPS in all 160 WTO members, and of the WCT and the WPPT, both which have over 90 ratifications to date.
IPR in U.S. Free Trade Agreements (FTAs): IIPA has also participated in the negotiation of regional and bilateral FTAs over the years. These agreements feature enforceable obligations for key trading partners to modernize their copyright laws and improve enforcement procedures. These agreements have helped U.S. copyright industries compete fairly in foreign markets, and have helped our trading partners develop domestic copyright industries, a true win-win for all parties. In addition to TRIPS implementation, U.S. FTAs with 20 countries have entered into force. The ongoing negotiation for a Trans-Pacific Partnership (TPP) FTA presents an opportunity to expand the benefits of existing FTAs to a broader range of markets around the Pacific Rim.
Legal Reform: IIPA continues to play a principal role within the private sector in seeking to obtain key legislative changes to provide an adequate legal framework to deal with the evolving threats of piracy and unlicensed uses, and to open markets closed due to market access or other restrictive barriers to trade in copyright materials, consistent with WTO, WIPO, bilateral and regional agreement obligations and commitments.
Enforcement Reform: IIPA advocates for effective enforcement actions to rise to the challenges posed by increasingly sophisticated forms of piracy today, including Internet and mobile network/device piracy; unauthorized use of copyright materials by government and businesses; hard-disk loading and media box piracy; illegal camcording of theatrical motion pictures; piracy of books and journals; circumvention of technological protection measures; optical disc piracy; and pay TV piracy and signal theft. Needed enforcement responses include: 1) dedicating enforcement resources commensurate with the scale of piracy to provide for “effective action” and “remedies that constitute a deterrent” as the minimum required by TRIPS, the WCT, and the WPPT, through civil, administrative, and criminal action, and effective adjudication in the courts; 2) training, capacity building, and empowering of enforcement authorities to investigate and prosecute copyright offenses; 3) updating laws and enforcement tools to meet piracy challenges, including organized crime and cybercrime; 4) directing government agencies, state-owned enterprises, contractors, and educational institutions, to use only legal copyright materials, including textbooks, educational materials, professional and scholarly publications, and to ensure networks or computers are not used for infringing purposes; 5) encouraging cooperation by Internet service providers, including notice and takedown for hosted infringements, and effective and fair mechanisms to deal with repeat infringers and non-hosted infringements; and 6) enacting and enforcing measures to prohibit possession of an audiovisual recording device in a theater to copy or transmit a motion picture, in whole or in part.
Economic Reports on the Copyright Industries in the U.S. Economy: IIPA has commissioned 14 reports on the Copyright Industries in the U.S. Economy. These reports track the economic impact and contributions of U.S. industries creating, producing, distributing, broadcasting or exhibiting copyright materials. According to the latest (2013) Report, for the first time, the “core” copyright industries added over $1 trillion in value to the U.S. economy in a single year, accounting for almost 6.5% of the total U.S. gross domestic product. These industries employed nearly 5.4 million U.S. workers – nearly 5% of the total private employment sector – with jobs paying an average of 33% more than the rest of the workforce. They also grew at an aggregate annual rate of 4.7%, more than twice the rate of growth for the U.S. economy. Key copyright sectors accounted for $142 billion in foreign sales and exports in 2012, far more than many other industry sectors. The link between copyright protection and economic growth is documented by studies in 40 countries employing virtually the same agreed-upon methodology.The above items are an illustrative, not exhaustive, list of the work IIPA does on behalf of its member associations.