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Orphan Works Bill Introduced

By Gigi Sohn | May 23, 2006



Late yesterday afternoon, Lamar Smith (R-TX), Chair of the House Subcommittee on Court, Internet and Intellectual Property introduced [HR 5439, the Orphan Works Act of 2006]( http://www.publicknowledge.org/pdf/ow-act-2006.pdf). The bill, which seeks to limit liability for artists, educators and others who make a "reasonably diligent search" to find a copyright holder but cannot, is a significant improvement over the draft bill proposed by the Copyright Office in February. Here are some of the changes we like: * It prohibits injunctions when the user of an orphan work "recasts, transforms, adapts or integrates the [orphan] work with the [user's] original expression in a new work of authorship...." This ensures that the publication of transformative works that may include the entirety of an orphan work will not be able to be stopped by a court. * It requires the Copyright Office to make available information that will help users understand what might constitute a reasonably diligent search. * The bill makes clear that in determining the "reasonable compensation" an orphan works user must pay should the orphan works owner reappear, the owner has the burden of establishing the amount that a willing buyer and willing seller would have agreed to. * The bill eliminates a provision that would have required the rules to sunset after 5 years. While we would have preferred a cap on damages as opposed to "reasonable compensation," it has been clear from the very beginning that such a change was a political non-starter. However, we would like a little more certainty that "reasonable compensation" will not lead to a great financial liability for the user. We'll be asking for some report language that makes it clearer that the monetary value of an orphan work, particularly one that has been out of circulation for a long time, is low, if not zero. We also would have liked the "safe harbor," which prohibits any payment if a user immediately ceases using the orphan work when an owner reappears, to apply both to commercial and non-commercial uses. The concern here is that small artists who sell their works should be entitled to the same safe harbor as large museums and libraries. We understand that Congress members do not want to give this advantage to large users like Hollywood studios. We'll be working on language that seeks to protect small artists. This bill is on a fast track - it will be marked up by the Subcommittee this Wednesday. Stay tuned.
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Moby on Net Neutrality and PSAs for Podcasters

By Alex Curtis | May 19, 2006



I've mixed another little video from yesterday's press conference on net neutrality. Take a look...

Recently, a podcaster asked us to create some public service announcement (PSA) that podcasters could easily drop into their podcast, to let folks know about net neutrality debate.

I've provided this video under a creative commons license, so if you'd like to drop it into your video podcast, or extract the audio and drop the PSA into your audio only podcast, please do. If it's an enhanced podcast, please create a link to SaveTheInternet.com.

I hope to provide more PSA materials in our Our Media account soon. Look for "PSA" in the title.

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The Official Word from Snowe and Dorgan

By Art Brodsky | May 19, 2006



Senators Snowe and Dorgan issued their official release on the introduction of their Internet Freedom bill. Be sure to say thanks to them and to their cosponsors. Here it is: __________________________________________________ NEWS FROM SENATORS SNOWE, DORGAN __________________________________________________ Friday, May 19, 2006 SNOWE, DORGAN INTRODUCE BILL TO PRESERVE INTERNET FREEDOM Net Neutrality Bill Would Prevent Advent of Haves and Have-nots on the Web WASHINGTON, D.C. - U.S. Senators Olympia Snowe (R-Maine) and Byron Dorgan (D-ND), members of the Senate Committee on Commerce, Science, and Transportation, today introduced legislation that would preserve the open and democratic character of the Internet. The Internet Freedom Preservation Act would ensure that all content, applications and services are treated equally and fairly on the Internet by prohibiting broadband network operators from blocking, degrading, or prioritizing service on their networks. Rules to that effect were in place when the Federal Communications Commission reclassified broadband services, but the FCC neglected to adopt meaningful and enforceable safeguards. "What has made the Internet such a remarkable success is the ability of people everywhere to experience a world of their own choosing on their own terms," said Snowe. "This freedom has fostered an unprecedented exchange of information and ideas that has led to an explosion in consumer choice, the creation of new businesses, and the spread of democratic ideals around the globe. Unfortunately, if Congress does not act, the age of digital democracy will come to an end. Senator Dorgan and I introduced the Internet Freedom Preservation Act to prevent fundamental changes to the internet that would undo the democratic principles upon which it was founded." "The internet's open architecture allows access to the internet for everyone equally," said Senator Byron Dorgan. "That access has been the cornerstone of the internet's growth so far, and is vital to its continued success in the future. The Internet Freedom Preservation Act will ensure that the right to participate in the internet remains free and available to all, so that the innovation, economic opportunities, and consumer benefits it makes possible, will continue to flourish." The Internet Freedom Preservation Act would amend the Communications Act to ensure that consumers and online businesses can use the Internet without interference from broadband service providers. Broadband service providers must operate the network in a nondiscriminatory manner, but otherwise may manage the network to, for example, protect the security of the network or offer different levels of broadband connections to users. Consumers must, however, have the option of purchasing a "standalone" broadband connection that is not bundled with cable, phone or VoIP service. Within 180 days of enactment, the FCC - which can issue monetary of other penalties for violations - must adopt rules for resolution of complaints within 90 days of their filing. The FCC also must report to Congress on the delivery of content, applications and services into and over broadband networks. Earlier this year the Senate Commerce Committee held a hearing on net neutrality, examining the potential for broadband service providers to choose who can or cannot get priority service to the consumer, a discriminatory practice that could erode equal access on the internet. Consumers have an expectation that all websites and services will work equally well when they access the internet, just as they do when they make a phone call, but network operators have become increasingly interested in acting as gatekeepers on the internet and providing faster delivery for only certain information of their choosing. ##
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Snowe, Dorgan and Friends Protect Internet Freedom

By Art Brodsky | May 19, 2006



The long-awaited Net Neutrality bill from Sens. Olympia Snowe and Byron Dorgan was introduced this afternoon. They have an interesting group of cosponsors, as you can see. Here's our take: Public Knowledge Statement on Snowe/Dorgan legislation Background: This afternoon, Sen. Olympia Snowe (R-ME) and Byron Dorgan (D-ND) introduced the Internet Freedom Preservation Act. The following is a statement from Gigi B. Sohn, president and co-founder of Public Knowledge. "The legislation from Senator Snowe and Senator Dorgan will make certain that issue of Internet freedom will be front and center as the Senate Commerce Committee debates and reshapes its important telecommunications legislation. We also would like to commend the original cosponsors, Commerce Co-chairman Daniel Inouye (D-HI), and Democratic Senators Barbara Boxer (CA), a member of the Commerce Committee, as well as Ron Wyden (OR), Patrick Leahy (VT), Hillary Rodham Clinton (NY) and Barack Obama (IL). "This legislation would preserve the open, innovative and creative Internet, much as program access rules created new competition in video programming through targeted provisions without the heavy hand of government regulation. "As the Gun Owners of America and the Christian Coalition have recognized, the Internet benefits everyone. There is no reason this should be a partisan issue. It is a shame that more Senators from the Republican party did not feel they were able to support this legislation, which brings the issue of Internet Freedom and non-discrimination squarely into the Senate debate." The bill as introduced, although without all the cosponsors listed, is [here](http://www.publicknowledge.org/pdf/snowe-dorgan-20060519.pdf)
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Clinton vs. Clintonistas

By Art Brodsky | May 19, 2006



In the past few weeks, certain members of the former Clinton Administration have cast their lot with the telephone and cable companies in the Net Neutrality debate. Former White House Press Secretary Mike McCurry fronts for one group. Former Al Gore campaign manager Donna Brazile is working with Verizon. Until now, the only Clintonista on our side has been Robert Reich, the former Secretary of Labor, who came out for Net Neutrality in a radio commentary. Now, we have a real-life Clinton on our side: May 18, 2006 Statement of Senator Hillary Rodham Clinton on Net Neutrality Washington, DC - "I support net neutrality. The open architecture of the Internet has been the critical element that has made it the most revolutionary communications medium since the advent of the television. Each day on the Internet views are discussed and debated in an open forum without fear of censorship or reprisal. The Internet as we know it does not discriminate among its users. It does not decide who can enter its marketplace and it does not pick which views can be heard and which ones silenced. It is the embodiment of the fundamental democratic principles upon which our nation has thrived for hundreds of years. I have always, and will continue to strongly and unequivocally support these principles. As I have worked throughout my Senate career to make broadband access readily available throughout New York State and our nation, I believe that maintaining an open Internet coupled with more broadband access is necessary if we are to meet the promise and the potential of the Internet to disseminate ideas and information, enhance learning, education and business opportunities for all Americans and improve and uplift our citizenry. We must embrace an open and non-discriminatory framework for the Internet of the 21st century. Therefore, it is my intention to be an original cosponsor of the Dorgan and Snowe net neutrality legislation to ensure that open, unimpaired and unencumbered Internet access for both its users and content providers is preserved as Congress debates the overhaul of our nation's telecommunications laws. Any effort to fundamentally alter the inherently democratic structure of the Internet must be rejected."
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Princeton Conference on Creativity & IP Law

By Gigi Sohn | May 19, 2006



I am in Princeton today at to speak at the [Creativity & IP Law Conference, ]( http://www.princeton.edu/~pumipc/) which is jointly sponsored by the Princeton University Center for Arts and Cultural Policy Studies and Microsoft. The conference kicked off last night with a very fun multimedia talk by Larry Lessig about the difference between "Read-Only" and "Read-Write" cultures, and how copyright law fits the first very nicely and the second not so well. Some of his examples of the R-W culture, which for lay people is stuff like mash-ups and user generated video and music, were hysterical. Two of my favorites are ["Brokeback to the Future"]( http://www.youtube.com/watch?v=zfODSPIYwpQ), and [George Bush and Tony Blair lip-synching Endless Love.]( http://www.webmistris.com/endlesslovelyrics.html) Hadn't seen that last one before. Lots of great folks here, including Yocahi Benkler, Jessica Litman, Chris Sprigman and Ed Felten.
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