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Anticircumvention Report: Copyright Office Discounts User Community

This summer, the Copyright Office released a study on Section 1201 of the Digital Millennium Copyright Act. Section 1201 is the provision of the law that allows copyright owners to digitally lock you out of your own stuff, preventing everything from connecting your cellphone to a different carrier, to ripping your DVDs to your tablet, to accessing the diagnostic system in your car. We’ve long advocated for reforming this law which unnecessarily limits user rights, and actively participated in the Office’s study of Section 1201. The resulting report is less than we hoped for; while the Office has recommended some important and needed changes to the law and its application, it mostly leaves the law in place and has us asking what could have been. The report does, however, reveal something interesting about how the Copyright Office thinks about Section 1201–namely, when it chooses to believe (or not believe) the users.

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One Step Forward, Two Steps Back: IPEC’s Three-Year Plan

IPEC nods toward balanced copyright but endorses unbalanced enforcement agenda.

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Copyright Supremacy: SONA’s Unsound Legal Theory

Yesterday, the Songwriters of North America (SONA), a songwriter advocacy group, sued the Department of Justice over its interpretation of the antitrust consent decrees governing ASCAP and BMI, the two largest U.S. performance rights organizations (PROs). The lawsuit alleges that the DoJ has, by simply reading the words of the consent decrees, unconstitutionally seized their property. While heavy on rhetoric, the complaint is light on actionable facts. It not only misunderstands the DoJ’s mandate, but is anchored in a breathtakingly overbroad vision of copyright law that should give any sensible observer pause, and serves as a reminder of the Copyright Office’s problematic relationship with industry.

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Not the Agency You’re Looking For: The Copyright Office’s Misguided Antitrust Adventure

The increasing frequency with which the Copyright Office has inserted itself into policy debates raises questions about the scope of its expertise and authority. An illustrative example of how the Office’s opinions can cause problems occurred earlier this year. During the Department of Justice’s Antitrust Division inquiry into how performance rights organizations (PROs) ASCAP and BMI license songs with multiple authors where not every author is a member of the PRO (i.e., where either PRO represents only a ‘fraction’ of the ownership stake in the song), a member of Congress sought out the opinion of the Copyright Office, and the Office responded. Although it’s unremarkable for an agency to offer its opinion in response to a lawmaker request, it is remarkable for that agency to reach into unfamiliar areas of law, ignore basic public policy concerns in that area of law, and offer its own unqualified judgment on matters properly within the jurisdiction of another agency.

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A Closer Look at the Department of Justice’s ASCAP and BMI Consent Decree Review

The music publishing industry has reacted in colorful and apocalyptic terms in its response to the leak detailing the expected conclusion of the Department of Justice’s consent decree review, in which the agency extensively examined the antitrust settlements binding the two largest performance rights organizations (PROs) in the nation, ASCAP and BMI. A closer look at Department’s reported conclusions suggests that the music industry response is overblown.

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