Transparent and Participatory Processes Are Vital to Creating Copyright Rules that Work for Everyone

If copyright is to succeed in promoting the creation and dissemination of culture, then it needs to address the diverse needs of creators, fans, and critics. Copyright law achieves this in some jurisdictions through policies such as fair use, but more often than not it fails to address the concerns of anyone who isn't a copyright holder. Much of the blame for why copyright grows increasingly out of touch with how people experience culture lies with a lack of transparency in, and industry capture of, copyright policymaking. Nowhere is this problem more apparent than in international trade agreements. For years, the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), and other copyright industry groups have taken advantage of trade venues to pass copyright rules that would not otherwise survive public scrutiny. Trade negotiations have historically been closed in order to allow negotiators to discuss import tariffs and other…