7/20. International Intellectual Property Association (IIPA) released a report [29 pages in PDF] titled "Copyright Industries in the U.S. Economy: The 2003-2007 Report". The author is Stephen Siwek of Economists Incorporated.

This paper contains statistical estimates of the importance of the copyright industries to the U.S. economy, including growth and jobs. This paper provides evidentiary support for proponents of intellectual property rights and enforcement in the U.S. and abroad.

This report contains estimates of the copyright industries' contribution to the U.S. economy, as measured by value added to the U.S. gross domestic product (GDP), share of national employment, and revenues generated from foreign sales and exports. This report also contains estimates of compensation per employee and the contribution of the copyright industries to the real annual growth of the U.S. economy.

The report finds from all these statistical estimates that "The U.S. copyright industries have consistently outperformed the rest of the U.S. economy, in terms of their real annual growth rates and their contributions to the overall growth of the U.S. economy as a whole. These industries also command large shares of U.S. gross domestic product and they employ millions of U.S. workers. In addition, the compensation paid to U.S. workers in the copyright industries consistently and substantially exceeds the average compensation level paid to U.S. workers as a whole. Finally, the copyright industries continue to play an increasingly prominent role in the growth of U.S. exports."

"These consistently positive trends solidify the status of the copyright industries as a key engine of growth for the U.S. economy as a whole", the report states.

This report does not advance policy proposals. However, it concludes that "As new technologies continue to support the development of new distribution methods for legitimate copyrighted products, the U.S. copyright-based industries represented in the IIPA remain optimistic that economic growth, combined with strong laws and effective enforcement, will continue to pave the way for economic growth in both the U.S. and global markets."

Dan Glickman, head of the Motion Picture Association of America (MPAA), which is a member of the IIPA, stated that "the U.S. creative industries are key to the growth and recovery of our ailing economy ... The total copyright industries collectively employed nearly 12 million people in 2007 at wages that well-exceeded the national average. That's why it is so important that our government leaders continue to protect and promote intellectual property at home and around the world." See, MPAA release.

Robert Holleyman, head of the Business Software Alliance (BSA), another IIPA member, stated that "Global markets are vital to the future growth of the US software industry. With about 60 percent of global spending on PC software being paid to US-based software companies, there’s no doubt the PC software industry continues to have a positive impact on the US economy, including its contribution to economic growth and the creation of thousands of well-paying jobs in the United States, which help strengthen our economy and our communities." See, BSA release.

Countervailing groups also commented on the IIPA report. For example, Ed Black, head of the Computer & Communications Industry Association (CCIA), stated in a release that "There is no question that copyright-related industries -- just like technology and Internet industries -- contribute to the economy. However, we reject the implicit suggestion that more and more copyright protection is necessarily better. Research has indicated that approximately one sixth of the U.S. economy and one in eight jobs benefit from fair use and other limitations and exceptions to copyright. We don't need more copyright -- we need smarter copyright."

Gigi Sohn, head of the Public Knowledge, stated in a release that "Because the industries are doing so well, we believe their Draconian public-policy agenda is unnecessary. Private-sector spying on everyone's Internet content through deep-packet inspection and kicking someone off of their Internet connection merely on the accusation of copyright violations, as the industry wants, are not needed."

7/7. The U.S. Court of Appeals (DC) issued its opinion [17 pages in PDF] in Guard Publishing Company v. NLRB, a labor relations case involving a daily newspaper, its union, and e-mail.

The Court of Appeals held that a unionized daily newspaper violated the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151-169, by attempting to enforce its e-mail use policy to stop a union copy editor from using company computer systems to send bulk e-mail messages regarding union activities. The Court also held that the newspaper violated the NLRA by attempting to stop a union district manager from wearing a union armband while interacting with the public on newspaper business.

The newspaper industry is losing readers and advertisers. Numerous newspaper companies are losing money, laying off employees, and/or going out of business. This case illustrates that newspapers not only face competition from new technologies and new media -- they also suffer from legacy legal and regulatory regimes that do not restrict the providers of many substitute products.

The Guard Publishing Company (GPC) publishes the Register-Guard, a daily newspaper in the Eugene, Oregon area. It is unionized. The union is the Eugene Newspaper Guild, CWA Local 37194, AFL-CIO.

Suzi Prozanski is a GPC copy editor, and the union's president. She used her GPC computer to send bulk e-mail messages to other employees regarding union activities. Ronald Kangail is a GPC district manager, and a union member. He wore a union armband, and displayed a union placard in his car, when he interacted with the newspaper's contractors and subscribers.

The GPC has a policy that states that "Company communication systems and the equipment used to operate the communication systems are owned and provided by the Company to assist in conducting the business of The Register-Guard. Communication systems are not to be used to solicit or proselytize for commercial ventures, religious or political causes, outside organizations, or other non-job-related solicitations."

The GPC sent Prozanski a warning for violating the policy. She continued to use GPC systems to send union related bulk e-mail messages. The GPC sent her another warning. The GPC also directed Kangail to stop wearing the union armband when dealing with GPC contractors and subscribers.

The union filed a complaint with the National Labor Relations Board (NLRB). The NLRB filed an administrative complaint alleging violation of the NLRA, at 29 U.S.C. § 158(a)(1)&(3).

The administrative law judge held, and the NLRB affirmed, that the e-mail policy itself did not violate the NLRA, but its discriminatory enforcement did. That is, the company did not sent warnings to every employee every time that they had used the company's e-mail system for personal reasons. The NLRB also faulted the newspaper over the armband matter.

Both the union and the company filed petitions for review, and the union intervened. The Court of Appeals denied the newspaper's petition for review. It granted the union's petition, setting aside the NLRB's finding that certain e-mail related actions did not violate the NLRB.

This case is Guard Publishing Company v. NLRB, U.S. Court of Appeals for the District of Columbia, App. Ct. Nos. 07-1528, 08-1006 and 08-1013, petitions for review of a final order of the NLRB. Judge Garland wrote the opinion of the Court of Appeals, in which Judges Sentelle and Griffith joined.

See also, the DC Circuit's June 23, 2009, opinion [14 pages in PDF] in Quigley v. Giblin, holding that a union can require candidates for union office to use the union's password technology to restrict access to their web sites to union members. This requirement also eliminates indexing by search engines; precludes use of YouTube, MySpace, Facebook, and other free social networking web sites; precludes RSS feeds; and creates fear among union members of web monitoring by union leaders. See, story titled "DC Circuit Rules Unions Can Mandate Members Only Web Sites" in TLJ Daily E-Mail Alert No. 1,961, June 24, 2009.

Newspapers also face other current and potential regulatory regimes not shared by all information media. For example, the Federal Communications Commission (FCC) maintains media ownership rules that encompass newspapers. While there are political reasons for maintaining these legacy regulations in the face of an abundance of media choices, the policy rationales have disappeared. Yet, newspapers compete with fungible media that are unaffected by this FCC regulatory regime.

The Communications Act of 1934 addressed a spectrum and media landscape vastly different from today's. The FCC promulgated its first media ownership rules in 1941. Similarly, the National Labor Relations Act of 1935 was enacted in the context of an industrial economy unlike the information economy of which newspapers and other media are now a part. There is the argument, being advanced by some representatives of the tech sector, that unionization is incompatible with running flexible, innovative, competitive companies. See for example, March 13, 2009, speech of the Gary Shapiro to the Northern Virginia Technology Council.

There is also the matter of ongoing debates over regulation of online advertising. The Progress & Freedom Foundation (PFF) hosted a panel discussion on Capitol Hill on July 10, 2009, titled "Regulating Online Advertising: What It Will Mean for Consumers, Culture & Journalism". Howard Beales, an economist who was Director of the Federal Trade Commission's (FTC) Bureau of Consumer Protection from 2001 through 2004, discussed newspapers and online advertising. He said that newspapers make about $5.50 per 1,000 page views for print ads. However, they make only about $.50 per 1,000 for online ads.

Beales argued that behavioral advertising is a way to serve more relevant ads to web users, and to thereby increase the value of online advertising to advertisers. This has the potential to raise the rates that advertisers will pay, thus enabling newspapers to increase revenues and produce and publish better content.

There are pending proposals for both legislation and FTC regulation regarding online advertising practices. Legislation or regulation could diminish the opportunity for newspapers to earn revenues from online advertising.

7/17. The U.S. Court of Appeals (8thCir) issued its opinion [7 pages in PDF] in Whisenhunt v. Southwestern Bell Telephone, a phone line relocation case in which the Court of Appeals affirmed the District Court's judgment for Southwestern Bell Telephone (AT&T). Joe and Margaret Whisenhunt developed some real property in Little Rock, Arkansas. This required the building of a street, and the relocation of AT&T lines. AT&T refused to pay to move its lines. The Whisenhunts filed a complaint in the U.S. District Court (EDArk). The District Court held for AT&T. The Court of Appeals affirmed. This case is Joe Whisenhunt v. Southwestern Bell Telephone, et al., U.S. Court of Appeals for the 8th Circuit, App. Ct. No. 08-3542, an appeal from the U.S. District Court for the Eastern District of Arkansas, Judge James Moody presiding. Judge Wollman wrote the opinion of the Court of Appeals, in which Judges Meloy and Gruender joined.

7/17. The U.S. Court of Appeals (10thCir) issued its opinion [34 pages in PDF] in Kerber v. Qwest Pension Plan, a class action Employee Retirement Income Security Act of 1974 (ERISA) case. The Court of Appeals affirmed the District Court's summary judgment for Qwest. This case is Edward Kerber, et al. v. Qwest Pension Plan, et al., U.S. Court of Appeals for the 10th Circuit, App. Ct. No. 08-1387, an appeal from the U.S. District Court for the District of Colorado, D.C. No. 1:05-cv-0478-BNB-KLM. Judge Briscoe wrote the opinion of the Court of Appeals, in which Judge Brorby joined. Judge McConnell wrote a concurring opinion.

7/16. The U.S. Court of Appeals (7thCir) issued its opinion in Consumer Products Research & Design v. Jensen, a fraudulent inducement and breach of contract arising out of a patent licensing agreement. The Court of Appeals affirmed the judgment of the District Court for the CPRD. This case is Consumer Products Research & Design, Inc. v. Jimmy Jensen, et al., U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 07-2599, an appeal from the U.S. District Court for the Western District of Wisconsin, D.C. No. 06 C 625, Judge John Shabaz presiding. Judge Rovner wrote the opinion of the Court of Appeals, in which Judges Cudahy and Flaum joined.

7/10. The U.S. Court of Appeals (DC) issued its opinion [40 pages in PDF] in Intercollegiate Broadcasting System v. Copyright Royalty Board, a case regarding webcasting rates and terms set by the Copyright Royalty Judges (CRJ) of the Library of Congress. The Court of Appeals vacated those portions of the CRJ's determination that set a $500 minimum fee for both noncommercial webcasters and commercial webcasters, and remanded those portions of the determination for reconsideration by the CRJ. In all other respects, it affirmed the CRJ's determination. This case is Intercollegiate Broadcasting System, Inc., et al. v. Copyright Royalty Board, and consolidated cases, U.S. Court of Appeals for the District of Columbia, App. Ct. Nos. 07-1123, 07-1123, 07-1168, 07-1172, 07-1174, 07-1177, and 07-1178, an appeals of an order of the Copyright Royalty Board. The Court of Appeals, Judges Sentelle, Rogers and Griffith presiding, issued a per curiam opinion.

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The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. The schedule includes consideration of HR 2728 [LOC | WW], the "William Orton Law Library Improvement and Modernization Act" under suspension of the rules. See, story titled "House Bill Provides Funds for LOC Law Library to Catalog and Archive Electronically in Nonproprietary Format" in TLJ Daily E-Mail Alert No. 1,951, June 10, 2009. See, Rep. Hoyer's schedule for week of July 20, and schedule for July 21.

The Senate will meet at 10:00 AM. It will resume consideration of of S 1390 [LOC | WW], the "National Defense Authorization Act for Fiscal Year 2010".

9:00 AM - 5:00 PM. Day one of a three day closed meeting of the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee (HSSTAC). See, notice in the Federal Register, June 25, 2009, Vol. 74, No. 121, at Page 30301. Location: Strategic Analysis, Inc., Executive Conference Center, 3601 Wilson Blvd., Suite 600, Arlington, VA.

9:30 AM - 5:00 PM. The District of Columbia Bar Association will host an event titled "Eighth Annual Hot Topics in Patent Law Symposium". The speakers will include John Doll (acting head of the USPTO), Judge Paul Michel (U.S. Court of Appeals for the Federal Circuit), Lynn Levin (USITC), and Judge Liam O'Grady (USDC/EDVa). Prices vary. Most DC Bar events are not open to the public. See, notice. Location: FDIC Virginia Square Seidman Center, 3501 Fairfax Drive, Arlington, VA.

10:00 AM. The House Ways and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing titled "Trade Advisory Committee System". See, notice. Location: Room B-318, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The only item on the agenda is consideration of the nomination of Judge Sonia Sotomayor to be a Justice of the Supreme Court. See, notice. Location: Room 216, Hart Building.

10:30 AM - 12:00 NOON. The Heritage Foundation will host a panel discussion titled "The New Strategic and Economic Dialogue with China: Fresh Start or Waste of Time?". The speakers will be Steven Dunaway (Council on Foreign Relations), Edward Gresser (Democratic Leadership Council), Taiya Smith (Carnegie Endowment for International Peace), and Derek Scissors (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Immigration, Border Security and Citizenship will hold a hearing titled "Ensuring a Legal Workforce: What Changes Should be Made to Our Current Employment Verification System?". The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Emerging Threats, Cybersecurity, Science and Technology will hold a hearing titled "Securing the Modern Electric Grid from Physical and Cyber Attacks". The HHSC will webcast this event. Location: Room 311, Cannon Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold an executive business meeting. The agenda includes consideration of the nominations of Mignon Clyburn and Meredith Baker to be members of the Federal Communications Commission (FCC). See, notice. Location: Room 253, Russell Building.

Day two of a two day conference hosted by the American Intellectual Property Law Association (AIPLA) titled "2009 Patent Cooperation Treaty Seminar". See, notice. Location?

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry [59 pages in PDF] regarding the drafting of a "national broadband plan", as required by Section 6001(k) of HR 1 [LOC | WW], the huge spending bill passed by the Congress in February. See also, "Broadband Plan Statute: Public Law No. 111-5, § 6001(k)" and stories titled "FCC Releases NOI on Broadband Plan" and "Additional Questions Asked by FCC's Broadband Plan Notice of Inquiry" in TLJ Daily E-Mail Alert No. 1,924, April 11, 2009. This NOI is FCC 09-31 in Docket No. GN 09-51. See, notice of extension [PDF].

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of July 20.

9:00 AM - 5:00 PM. Day two of a three day closed meeting of the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee (HSSTAC). See, notice in the Federal Register, June 25, 2009, Vol. 74, No. 121, at Page 30301. Location: Strategic Analysis, Inc., Executive Conference Center, 3601 Wilson Blvd., Suite 600, Arlington, VA.

9:30 AM. The Partnership for Public Service will host a news conference to release a report on cyber security. For more information, contact Ralph Huber at 202-775-2757 or showe at ourpublicservice dot org. Location: Zenger Room, National Press Club, 13th Floor, 529 14th St. NW.

10:00 AM. The House Homeland Security Committee's (HHSC) Border, Maritime, and Global Counterterrorism will meet to mark up several bills, including HR 1726 [LOC | WW], the "Border Security Search Accountability Act of 2009". This is one of several bills introduced in the 110th and 111th Congresses to address the problem of abusive searches of electronic devices by Customs and Border Patrol (CBP) agents. See, story titled "DHS/CBP Supervisor Embezzles Laptop from Airline Passenger" in TLJ Daily E-Mail Alert No. 1,963, June 30, 2009, and stories titled "Summary of Cases Regarding DHS/CBP Laptop Searches" and "ACLU Seeks DHS Records Regarding Unwarranted Laptop Searches" in TLJ Daily E-Mail Alert No. 1,953, June 11, 2009. The HHSC will webcast this event. Location: Room 311, Cannon Building.

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Consumer Protection, Product Safety, and Insurance will hold a hearing titled "Advertising Trends and Consumer Protection". The witnesses will be David Vladeck (Director of the FTC's Bureau of Consumer Protection), Sally Greenberg (National Consumers League), Urvashi Rangan (Consumers Union), Lee Peeler (National Advertising Review Council), Greg Renker (Guthy-Renker), and Jon Congdon (Product Partners). See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Promoting Job Creation and Foreign Investment in the United States: An Assessment of the EB-5 Regional Center Program". The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Banking Committee (SBC) will hold a hearing titled "Semiannual Monetary Policy Report to the Congress". The witness will be Ben Bernanke (Chairman of the Federal Reserve Board). Location: Room 106, Dirksen Building.

1:00 - 2:30 PM ET. The American Bar Association will host a panel discussion by teleconference and webcast titled "Social Media: Understanding the Legal Issues Surrounding the Social Networking Websites that Teenagers and Employees Love". The speakers will be Thomas Burke (Davis Wright Tremaine), Corinna Ulrich (Expedia.com), Elke Suber (Microsoft), and Michael Fox (Ogletree Deakins). See, notice. Prices vary.

2:30 PM. The Senate Commerce Committee (SCC) will hold an event titled "Rethinking the Children's Television Act for a Digital Media Age". The witnesses will be Julius Genachowski (FCC Chairman), Gary Knell (Sesame Workshop), John Lawson (ION Media Networks), Sandra Calvert (Children's Digital Media Center, Georgetown University), Cyma Zarghami (Nickelodeon & MTVN Family Group), and James Steyer (Common Sense Media). The SJC states that persons costumed as cartoon characters will also appear. See, notice. For more information, contact Jena Longo at 202-224-8374. Location: Room 253, Russell Building.

3:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Crime will hold a hearing titled "Over-Criminalization of Conduct/Over-Federalization of Criminal Law". See, notice. Location: Room 2237, Rayburn Building.

6:00 - 8:00 PM. The District of Columbia Bar Association will host an event titled "Speed Mentoring for Consumer Law and Antitrust Attorneys". The DC Bar states that this is "designed to mimic speed dating", and will be followed by "a wine and cheese reception". For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of July 20.

9:00 AM - 3:00 PM. Day three of a three day closed meeting of the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee (HSSTAC). See, notice in the Federal Register, June 25, 2009, Vol. 74, No. 121, at Page 30301. Location: Strategic Analysis, Inc., Executive Conference Center, 3601 Wilson Blvd., Suite 600, Arlington, VA.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "Oversight of the Federal Communications Commission". See, notice. Location: Room 2123, Rayburn Building.

10:30 AM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Europe will hold a hearing titled "Radio Free Europe/Radio Liberty and Voice of America: Soft Power and the Free Flow of Information". The witnesses will include Jeffrey Gedmin (Radio Free Europe/Radio Liberty) and Danforth Austin (Voice of America) See, notice. Location: Room 2172, Rayburn Building.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Corporate Tax Reform for the Innovation-Based, Global Economy". The speakers will be Pete Engardio (Business Week), Robert Atkinson (ITIF), Robert Shapiro (Sonecon), and Fritz Foley. See, notice. This event is free and open to the public. Lunch will be served. Location: Room 485, Russell Building, Capitol Hill.

CANCELLED. 6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Professional Responsibility Committee will host an event titled "Lobbying Rules for the New Administration". Location: Wiley Rein, 1776 K St., NW.

The House may meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of July 20.

12:00 NOON - 2:00 PM. The Technology Policy Institute (TPI) will host a panel discussion titled "Information and Privacy: What are the Tradeoffs?". The speakers will be Alessandro Acquisti (Carnegie Mellon University), Leslie Harris (Center for Democracy and Technology), and Paul Rubin (Emory University). This event is free. Lunch will be served. See, registration page. Location: Room B-340, Rayburn Building.

12:30 PM. The Cato Institute will host a panel discussion titled "Assessing the Options: REAL ID, PASS ID, or No National ID at All". The speakers will be Christopher Calabrese (ACLU), David Williams (Citizens Against Government Waste), and Jim Harper (Cato). Lunch will be served. This event is free and open to the public. See, notice. Location: Room B-354, Rayburn Building.

Deadline to submit applications to the Department of Homeland Security (DHS) for membership on its Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, June 9, 2009, Vol. 74, No. 109, at Page 27338.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) in which it proposes to modify its cost sharing requirements for the 2 GHz BAS band. The FCC adopted this FNPRM on June 10, 2009, and released the text on June 12, 2009. It is FCC 09-49 in WT Docket No. 02-55 and ET Docket Nos. 00-258 and 95-18. See, notice in the Federal Register, June 23, 2009, Vol. 74, No. 119, at Pages 29636-29650.

12:00 NOON - 1:30 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Online Child Safety, Privacy, and Free Speech: An Overview of Challenges in Congress & the States". The speakers will include Adam Thierer (PFF), Parry Aftab (WiredSafety.org), Todd Haiken (Common Sense Media), Jim Halpert (DLA Piper), and Berin Szoka (PFF). Lunch will be served. See, notice. Location: Room SVC-208, Capitol Visitor Center.

3:00 PM. Deadline to submit applications to the National Institute of Standards and Technology (NIST) for money to under its Measurement Science and Engineering Research Fellowship Program. See, notice in the Federal Register, June 1, 2009, Vol. 74, No. 103, at Pages 26206-26209.

Deadline to submit Paperwork Reduction Act (PRA) comments to the Federal Communications Commission (FCC) in response to it Fourth Further Notice of Proposed Rulemaking regarding whether or not to modify FCC Form 323-E, the Ownership Report filed by noncommercial educational (NCE) licensees of AM, FM, and TV broadcast stations, to obtain gender, race, and ethnicity data. This 4thFNPRM is FCC 09-33 in MB Docket Nos. 07-294, 06-121, 02-277 and 04-228, and MM Docket Nos. 01-235, 01-317, and 00-244. See, notice in the Federal Register, May 27, 2009, Vol. 74, No. 100, at Pages 25205-25208.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a closed meeting titled "Role of Trade Associations". The speakers will be Chris McCabe (CTIA), Jamie Hedlund (CEA), Jane Mago (NAB), and Steve Morris (NCTA). For more information, contact Micah Caldwell at mcaldwell at fh-law dot com or Chris Naoum at cnaoum at allbrittontv dot com. Reporters are barred. Location: Wiley Rein, 1776 K St., NW.