Tag: Resources

Whats New:

• Public Knowledge and Free Press Shine A Light on Behavioral Advertising
• PK Conditions Included in FCC’s XM-Sirius Merger Draft Order
• OECD Ministerial: Protecting the Internet is a Public Policy Priority
• G8 Endorses Secretive Trade Agreement
• Notable Press Mentions: June-July 2008

Orphan works policy says: after a fruitless but diligent search for the owner, a user may use a copyrighted work without fear of statutory damages as long as the owner is paid if he returns.

“Orphan Works” are copyrighted works — books, music, records, films, etc. — whose owner cannot be located. Works can become “orphaned” for a number of reasons: the owner did not register the work, the owner sold rights in the work and did not register the transfer, the owner died and his heirs cannot be found. Presently, there are millions of such works in existence, all of which are unavailable to the DJs, filmmakers, collage artists, libraries, educational institutions and other creative professionals and institutions who would like to pay for the ability to display and use them. Why not just use them? Because if someone uses an orphan work and the copyright owner does emerge, that user can be found liable for infringement which carries legal damages of up to $150,000 per work.

CLICK HERE TO WRITE YOUR LETTER NOW

The House and Senate both introduced new legislation to allow for greater use of so-called “orphan works” — books, music, photos, movies or other works whose owners can’t be found. Why are these bills important? Because there are literally millions of works in existence that are currently under copyright protection but for which the copyright owner cannot be easily found. Because if you use a copyrighted work without permission, you could be on the hook for statutory damages of up to $150,000 per work, orphans go unused.

Think of a diary kept by someone during the second world war and recovered from an attic. Think of a box of old photographs happened upon at a yard sale. Think of an illustration used in an advertisement but not clearly attributed. At the moment, these works are unavailable to publishers, filmmakers, collage artists and many other creative professionals who would like to use them and gladly pay for the privilege, but can’t because of the potential for massive penalties if the original copyright owner does emerge.

The newly introduced bills allow artists to use orphan works as long as that user makes a diligent effort to find the original copyright owner. In the unlikely event that the original owner does emerge, the compensation that a user pays should be reasonable. The two bills currently on the table — S. 2913, the Shawn Bentley Orphan Works Act of 2008 (PDF link) and H.R. 5889: The Orphan Works Act of 2008 (PDF link) — go a long way to address these issues and if passed, would grant the public access to millions of previously inaccessible works of art.

These Bills are being considered in there respective committees this week. We need you to write letters and call your Members of Congress to ask for them to support the bills and make a few tweaks.

The Honorable Patrick Leahy
Chairman
Committee on the Judiciary
433 Russell Senate Office Building
Washington, DC 20510

The Honorable Arlen Specter
Ranking Member
Committee on the Judiciary
711 Hart Senate Office Building
Washington, DC 20510

Re: Patent Reform Act of 2007

Dear Chairman Leahy and Ranking Member Specter:

The Honorable John Conyers, Jr.
Chairman
Committee on the Judiciary
2426 Rayburn House Office Building
Washington, DC 20515

The Honorable Lamar S. Smith
Ranking Member
Committee on the Judiciary
2184 Rayburn House Office Building
Washington, DC 20515

The Honorable Howard L. Berman
Chairman
Committee on the Judiciary
Subcommittee on Courts, the Internet and Intellectual Property
2221 Rayburn House Office Building
Washington, D.C. 20515

The Honorable Howard Coble
Ranking Member
Committee on the Judiciary
Subcommittee on Courts, the Internet and Intellectual Property
2468 Rayburn House Office Building
Washington, DC 20515

Re: Patent Reform Act of 2007

Dear Chairman Conyers, Ranking Member Smith, Chairman Berman, and Ranking Member Coble,

Presentation given on July 27th, 2007 by PK President Gigi Sohn at the EDUCAUSE/Cornell Institute for Computer Policy and Law, Cornell University.

The full presentation is available in PDF format.

A list of slides follows (after the jump):

This document is also available in PDF Format.

July 18, 2007

The Honorable Kevin J. Martin

Chairman
Federal Communications Commission
445 12th St., SW
Washington, DC 20554

Re: Joint Filing of Technology Sector Organizations and Public Interest Organizations Concerning Open Access;
WT Docket Nos. 96-86 and 06-150; PS Docket No. 06-229.

Dear Chairman Martin:

This filing is also available in PDF Format.

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of
Broadband Industry Practices
WC Docket No. 07-52

To: The Commission

Reply Comments of Public Knowledge, et al.

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of:

Sirius Satellite Radio Inc. and
XM Satellite Radio Holdings
Seek Approval to Transfer Control of
FCC Authorizations and Licenses

MB Docket No. 07-57

To: The Commission

COMMENTS OF PUBLIC KNOWLEDGE

Public Knowledge submits these comments in response to the Public Notice¹ in the above docketed proceedings. If the proposed merger withstands antitrust analysis, Public Knowledge supports the merger subject to conditions that will result in greater program diversity, increase consumer choice and keep prices in check.

Full comments also available in PDF format.

a Public Knowledge update

Contents:

• WIPO Wipes Out
• Hollywood and Networks Want More Copyright Enforcement
• Spectrum Auction Plans Still Up in the Air
• It’s That Time — Nominations Open for IP3 Awards