Itching to escape winter in Cambridge? How about vicariously? Recently, 2L Ethan Schiffres wrote to us about his Winter Term project with Music Industry Piracy Investigations, a joint venture between the Australian Recording Industry Association and the Australian composers/publishers’ organization. He had been working on several projects for them, including research about ISP liability for users’ copyright infringement, in which he has focused mainly on a comparison between Australian and U.S. approaches.
“My decision to spend my Winter Term in Sydney was a relatively easy one. Obviously, weather was a huge factor, but I was also interested in furthering my pre-law school interest in the music business, gaining a new international perspective on the main issues facing the industry. HLS provides the unique opportunity of allowing students to set up a legal internship anywhere in the world with basically any organization, and as appealing as spending my post New Year’s days trudging through the snow from my apartment to Austin Hall sounded, I decided to take advantage.’
“Back in October, I contacted the head of SoundExchange, the performance rights organization where I had interned back in college, and they offered to put me in touch with the Australian Recording Industry Association (ARIA), which is the Australian analogue to the RIAA. After exchanging several emails, I clenched a three-week internship at Music Industry Piracy Investigations (MIPI), which is the anti-piracy arm of the Australian music industry.’
“MIPI is a small, albeit extremely well-run, organization that coordinates the anti-piracy investigative, policy, and educational activities of ARIA and the Australian music publishers society. My main project has involved researching the liability of Internet Service Providers for their subscribers’ file-sharing and illegal downloading. ARIA has been involved in negotiations with ISPs about the possibility of a three strikes / graduated response / “notice and disconnect” scheme, whereby ISPs would provide file-sharers a series of warnings before cutting off internet service if they were engaged in repeated copyright infringement. The world’s first “three strikes” law will go into effect in New Zealand in February, and France is very close to passing a similar law. Most of my research has been a comparative analysis between Australian and U.S. copyright law regarding ISP liability. The timing is particularly apt, as a couple weeks before I headed down under, the RIAA announced that it would cease suing file-sharers and would instead pursue a “notice and disconnect” scheme with U.S. ISPs.’
“In addition to the ISP research, I have been involved in a handful of other smaller tasks for MIPI. I have responded to inquiries regarding the legality of certain behaviors related to music online, assisted with the organization’s educational efforts by updating consumer facts sheets (e.g. legal issues involving using music on your website), and have also participated in investigative efforts by monitoring eBay Australia for pirated music.’
“Outside of the office, I have spent a lot of time exploring Sydney and will be venturing out to other parts of Australia as the month goes on. I’m living at the University of Sydney in Newtown, which is a cool little neighborhood with a grungy/hipster vibe to it, not unlike the East Village or Central Square. Sydney is a great city with amazing beaches (which I’ve been to approximately every other day, despite the 40 minute bus ride after work), friendly people, and a great music scene. I have tried dearly not to be a tourist and have made an effort to experience the city as the people who live here do.’
“I’ve also tried to immerse myself in the Sydney music scene. Back when I was scouting bands for Everfine Records / Red Light management during my two years off before law school, I came across an Australian singer/songwriter named Andy Bull. Andy has an incredible voice and a great live performance, and although we never ended up signing him, I stayed in touch with his manager and producer. I found out that he was opening for American jam icon Donovan Frankenreiter in Sydney during my first weekend, so I got the opportunity to see him play in front of nearly 1,000 people in his home town. The last time I had seen him play was back in 2006 at a showcase at Piano’s on the Lower East Side – there had been maybe 40 people in the crowd.’
“I can’t really say what my typical day in Sydney is like, but today is a pretty good example. I woke up at around 7 (i.e. 3pm EST) to grab breakfast at the local café and check my email. After realizing that my weekly bus pass expired, I ran to the nearest 7-11 (they are ubiquitous here), bought a new pass, and rushed to the bus stop so I could make it to work on time. After taking two buses and walking about 500 meters, by 9 I arrived at my office in Pyrmont, which is a quiet, predominantly residential neighborhood with some great pubs. I spent the morning working on my ISP research. Usually I grab lunch at one of the local pubs or Thai restaurants with my coworkers, but today everyone brought their own lunch. I have found that no one here eats lunch at their desk, unlike everywhere I have worked in the U.S . After a productive afternoon continuing my research and working on an educational campaign aimed to inform schoolchildren about copyright law, I headed home and changed into my gym clothes. I took the bus from Newtown to Bondi Beach, where I disembarked and began my 5 kilometer run along the Pacific Coast to Coogee Beach. The run is absolutely stunning, passing along the cliffs and through an incredible (and eerie) seaside cemetery. After arriving at Coogee, I ordered some locally caught fish, had it grilled in front of me, and brought it to the beach, where I ate facing the ocean, as the sun set behind me. I took the bus back to Newtown, where I drank a couple James Squires with my roommates and watched the Australian Open. Not a bad life, right?”
We should say not…
