US copyright reports are missing the bigger picture

Rightsholders and platforms can coexist peacefully using existing technology—it just needs to be implemented, argues Cesar Fishman of Pex.

Among other important functions, the US Trade Representative (USTR) regularly publishes reports detailing foreign and digital threats to American IP industries. The “2020 Special 301 Report” and the “2019 Notorious Markets Report”, released in April this year, are cited and relied upon for their list of websites and countries that most widely participate in copyright infringement and counterfeiting.

In their most recent editions, the reports focus on the counterfeiting and piracy practices of countries ranging from Peru to China and on peer-to-peer download and streaming websites that allow users to view copyrighted material for free.

The report names dozens of websites and dozens of countries, and outlines in admirable detail how these digital and physical destinations are hurting rights owners the world over. When it comes to the counterfeiting of physical goods, from designer bags to bootleg DVDs, and digital piracy from peer-to-peer and dedicated streaming websites, the USTR Special 301 and notorious markets reports have their bases covered. However, a large, and still growing, part of the copyright infringement problem has been overlooked.