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The CASE Act: Small Claims, Big Risks

November 7, 2017 Copyright , Copyright Office , Copyright Reform , Ligitation , Small Claims

It’s almost axiomatic that independent artists face unique difficulties in the digital environment. Unlicensed commercial use of creative works is not uncommon, and the money that those uses theoretically represent in unpaid licensing fees can be substantial. So it’s understandable that artists would push for a system that makes it cheaper and easier for them to recover royalties for infringements of their copyrights.

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The Consequences of Regulatory Capture at the Copyright Office

September 8, 2016 Copyright , Copyright Office , Copyright Reform

Today, Public Knowledge released a report examining the role of regulatory capture—both its sources and its consequences—at the U.S. Copyright Office.

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The Growing List of How the Copyright Office Has Failed Us

August 8, 2016 Copyright , Copyright Office , Copyright Reform , Unlock the Box

As we’ve been talking about recently, the Copyright Office has a long history of being bad at its job, and misrepresenting the law it’s charged with understanding. Anyone familiar with tech policy already knows about the debacle that is the exemption process under Section 1201, but it doesn’t end there. Aside from its seemingly never-ending quest to accumulate more power by pulling non-copyright issues under its umbrella, the Office pushes wildly expansive interpretations of copyright law–asserting rights that don’t exist, interpreting consumer safeguards so narrowly as to render them useless, preventing consumers from using assistive technologies, creating “solutions” that nobody asked for, and otherwise making bizarre proclamations that completely ignore relevant facts and law. Over and over again, the Copyright Office bends over backwards to align its positions with the lobbying agendas of the big entertainment conglomerates.

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

July 25, 2016 Antitrust , ASCAP , BMI , Copyright , Copyright Office

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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Notes From Today’s Hearing: The Register’s Call for Updates to U.S. Copyright Law

March 21, 2013 Copyright Office , DMCA , Enforcement , First Sale , Internet Blueprint

Maria Pallante, the Register of Copyrights (and thus, head of the Copyright Office) was the sole witness in a hearing today with an ambitious title: “The Register’s Call for Updates to U.S. Copyright Law.” (An archived copy of the hearing is here) Her testimony provides a guide to the sorts of changes she thinks are necessary in the coming years.

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