Hollywood Favorite Berman Finds Himself Underdog to Fellow Incumbent Democrat Sherman

"Howard has played an essential role in shaping the copyright … laws that are vitally important in the Southern California economy,” Sen. Dianne Feinstein, D-Calif., wrote in a letter to voters used as a Berman campaign mailer. “Howard isn’t afraid to climb into the trenches and fight for strong intellectual property laws and ensure that California’s entertainment and content producers are able to compete on a level playing field worldwide.” But that was the only mention of the issue found in a review of more than 20 Berman campaign pieces by Bob Stern, who was the president of the independent Center for Governmental Studies, in Los Angeles, until it closed last year.

President Gigi Sohn of Public Knowledge, whose positions on digital copyright often are at odds with Berman’s, agreed with an aide to the congressman that his diplomacy and expertise on the matter tend to neutralize what might otherwise be vigorous antagonism from those favoring looser intellectual-property restrictions. “I respect Congressman Berman a lot,” she said. “I consider him a friend. I'd be sad to see him leave Congress.” Professor Jay Dougherty of Loyola Law School in Los Angeles said, “Howard Berman may be the most knowledgeable member of the House on intellectual property. … I have great respect for his intellectual-property expertise."

Sherman beat Berman by 10 points in a Democratic primary last month in the new 30th congressional district created by redistricting. Under a new state law, they will face off in November because they got the most votes in June, regardless of party. Democratic voter registration in the San Fernando Valley district is almost double Republican, but one-quarter of those registered are signed up with either party. Sherman’s old district included two-thirds of the new one, Stern said.

Sherman had $3 million cash in hand at last report to the Federal Election Commission, in mid-May. Berman had $821,000, but supporter and longtime Democratic activist Ken Ziffren said the candidate has since been closing the gap. “TV/Movies/Music” has been the Berman campaign’s biggest cash cow, at $378,510 in reported donations, according to OpenSecrets.org. The industry ranks 11th among Sherman’s contributors at $28,450. But Berman has also thumped Sherman in “Computers/Internet” money, $91,650 to $25,550. Hollywood money is probably running eight or 10 to one in Berman’s favor, said Ziffren, an entertainment lawyer.

From prime spots on the Judiciary and Foreign Affairs committees, Berman has fought for tough copyright laws and enforcement in the U.S. and around the world since entering the House in 1983. He was the chairman of Judiciary’s Subcommittee on the Courts, Intellectual Property, and the Internet until the Republicans took over this Congress. Sherman, elected to the House in 1996, isn’t on Judiciary. He sits on Financial Services and with Berman on Foreign Affairs. Neither Sherman’s campaign nor his congressional office would comment for this article.

A prime mover behind the ill-fated Stop Online Piracy Act (SOPA), Berman continues “working on a law designed to stem the rampant proliferation occurring on foreign websites which primarily engage in distributing unauthorized copyrighted works,” according to a summary from his office. “He maintains a dialogue with search engines such as Google about what more they should be doing to aid in combating piracy and recently was effective in getting them to implement additional policies to address copyright infringement.”

The document credits him as “an original sponsor and key mover” of laws including the Digital Millennium Copyright Act, the Copyright Term Extension Act, “the NET Act, which facilitates prosecution of online copyright infringement; the Copyright Royalty and Distribution Reform Act of 2004, which enables a more streamlined process for determining and distributing royalties under the statutory licenses for example [of] satellite and cable TV, its reformation was important to all those with an interest in copyrighted TV programming; PRO IP Act, which established the office of the IPEC and otherwise enabled stronger enforcement of criminal copyright laws; and provisions within the Family Entertainment Copyright Act that enable prosecution of surreptitious camcording of films in theaters and of Internet distributors of pre-release movies and TV shows."

Sherman’s record is much less extensive than Berman’s but generally consistent with it on copyright, said a Berman aide and others. He could be expected to keep voting in Hollywood’s interest but couldn’t do it from a position as influential as Berman’s, they said. Anyone who represents the 30th District is “going to be a hawk on IP,” Sohn said. Berman “has been more effective than Brad throughout the years and has influence beyond the Democratic side,” Ziffren said. “He has a stature” that Sherman can’t touch.

Berman stuck by SOPA when Internet companies and activists organized a massive user revolt. Sherman, who was a co-sponsor, attacked the bill in a debate with Berman. If Google started asking lawmakers for support on a copyright matter, “I wouldn’t worry if it were Howard,” Ziffren said. “I would worry if it were Brad.”