On September 25, President Obama announced his nomination of Victoria Espinel to fill the Nation’s inaugural position of Copyright Czar. The position, which reports directly to the President, was created last October when President Bush signed the Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act into law.
The Pro-IP law seeks to bolster Intellectual Property protection in the U.S. by attempting to curb the piracy of software, drugs, music, and films. In addition to creating the Copyright Czar position, the Bill increased the penalties for copyright infringement.
With both the “copyright” and “copyleft” lauding her nomination, the IP community seems ready to embrace Espinel.
The new position is another in a long line of “Czars” to be appointed under the Obama administration, including, to name a few: a Drug Czar, a Faith-based Czar, an Urban Czar, and a Great Lakes Czar. The total number of Czar posts under the Obama Administration—some yet to be filled—is 32. Leaving the discussion of this Czar frenzy (why are we even trying to associate Washington officials in our democratic society with the likes of Ivan the Terrible, anyway?) and the issue of whether or not these positions are even constitutional for another day, what duties will this newest Romanov-inspired-title-wielding Washington insider be tasked with, and what qualifications does she possess deserving of the absolute power traditionally associated with her title?
Under her official, albeit less glamorous and less controversial, title of "Intellectual Property Enforcement Coordinator,” Ms. Espinel will be tasked with overseeing an intellectual property enforcement advisory committee comprising various agencies, including the DOJ, the USPTO, the FDA, and the DHS, to name a few, and with coordinating the development and implementation of a Joint Strategic Plan (.pdf) to combat infringement and counterfeiting, among other duties.
Espinel’s most recent position was as a Visiting Assistant Professor at George Mason University School of Law, where she taught International Trade and Intellectual Property. Before that, she served as the inaugural Assistant United States Trade Representative for Intellectual Property and Innovation at the Office of the United States Trade Representative (USTR). In that position, she served as the chief U.S. trade negotiator on Intellectual Property issues. Prior to her position within the USTR, Ms. Espinel was an associate at Covington & Burling and Sidley, Austin, Brown & Wood. Espinel is also the founder and President of Bridging the Innovation Divide, a non-profit dedicated to encouraging Americans to seek the maximum benefits of their inventiveness and creativity. After receiving a BS in Foreign Service from Georgetown University's School of Foreign Service, Espinel went on to obtain a J.D. from Georgetown University Law School and an L.L.M. from the London School of Economics.
So what does all this prior experience mean? Well, considering that both the ”copyright” and “copyleft” are lauding her nomination, it seems apparent that the IP community respects Espinel and stands ready to embrace her, should she be approved by the Senate. Gigi Sohn, President of Public Knowledge—a liberal digital-rights organization—stated, “We believe she will be fair in her approach to intellectual property enforcement issues.” On the other side of the Hollywood divide, “copyright” associations such as the MPAA and RIAA are also commending President Obama’s nomination of Espinel. In a joint statement, the Moving Picture Technicians, Artists and Allied Crafts of the United States, Screen Actors Guild (SAG) and Writers Guild of America, West (WGAW), along with the American Federation of Television and Radio Artists (AFTRA), Directors Guild of America (DGA), International Alliance of Theatrical Stage Employees, and Its Territories and Canada (IATSE) also applauded the appointment, stating, “We look forward to working with our Administration, Congress and the new IP Enforcement Coordinator to ensure that our films and television programs are respected and protected both here and abroad.”
Will Espinel turn out to be as neutral as people seem to think she is, or has her rise to power just occurred before she has had the chance to show her true opinions? Will the newest Czar wield her power in a way that protects and strengthens American IP at home and abroad? Will the “copyright” and “copyleft” both remain pleased with President Obama’s pick? Regardless of the questions raised by Espinel’s nomination, one thing is certain: seeing the “copyright” and “copyleft” agree on much of anything is a rarity. It will be interesting to see who Espinel alienates first, and how quickly she will do it.
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