Items tagged "Orphan Works"

Post

Fall Policy Preview: Copyrights (and Patents) Return to the Headlines

September 12, 2007 DTV , Fair Use , Network Neutrality , Orphan Works , Patent

This past spring and summer was all about broadband policy for Public Knowledge – we were consumed with the 700 MHz spectrum auction, Federal Trade Commission and Federal Communications Commission proceedings regarding net neutrality, and Congressional efforts to change the way the government defines broadband and gathers data about broadband deployment and adoption.

This fall promises to be much different.

Read More
Post

Why Copyrights Must Expire: a reply to Mark Helprin

May 21, 2007 Orphan Works , Policy Blog , Public Domain

Mark Helprin has published an op-ed in the New York Times calling for a perpetual copyright. This seems more of a philosophical rant than a serious legislative proposal, but it's an eloquent expression of illogical and incomplete ideas, mixed with a little indirect name-calling.

Helprin begins by comparing intellectual property to real property, saying that, if land shouldn't be confiscated from people after so many years, neither should copyrights. This is a sloppy comparison of two very different concepts, and a quick rundown of the differences between the two should disabuse people of the notion that ending a copyright terms is like confiscating land.

Read More
Post

ugc panel video from the State of the Net Conference

March 15, 2007 Fair Use , Orphan Works , Policy Blog

Earlier this year, the Congressional Internet Caucus Advisory Committee held its always relevant State of the Net Conference 2007. One of the panels was on user generated content (or ugc), titled "User-Generated Content – Can Copyright Tolerate Mixing & Mashing?." Members of the panel included, Pam Samuelson, Rob Pegoraro, Jim DeLong, and Steven Starr.

It was a good discussion, and you can watch the video here (Real Video).

Read More
Post

PK In the Know Podcast #23: Interview with Chris Sprigman

January 30, 2007 Orphan Works , Policy Blog , Public Domain

On the heels of #22, I bring you #23!

In case you missed it last week, PK Advisory Board Member and always welcome guest blogger Chris Sprigman wrote about the Kahle v. Gonzales case.

I thought it might be useful to sit down and talk with Chris for a podcast.

You can:

  • Listen to the MP3 here | RSS

  • Listen to the enhanced version (with some links) here | RSS

I think it came out pretty well, but don't take my word for it. Your input is always helpful–please leave comments below if you'd like to hear more of this kind of interview-like format.

Read More
Post

Court says no to Orphan Works, How about Congress?

January 23, 2007 Orphan Works , Policy Blog

You may have heard that the Kahle v. Gonzales appeal was decided today, unfortunately, not in a way that would help to address the problem of orphan works. Essentially, the U.S. Court of Appeals for the Ninth Circuit said that even though Brewster Kahle et al constitutionally challenged the Copyright Renewal Act and the Copyright Term Extension Act on a free speech basis, as it created effectively perpetual copyright terms for works published between 1964 and 1978, the issue was decided already in Eldred.

Please check back here later today for more discussion of Kahle v. Gonzales and the related orphan works policy implications, but until then you can:

Read More
Post

Preparing for the 110th

January 5, 2007 Network Neutrality , Orphan Works , Patent , Policy Blog

The 110th Congress was sworn in today, and Democrats in the House began action on their agenda for the first 100 hours of the new term. Core issues like ethics reform, the minimum wage, health care and implementing the recommendations of the 9/11 Commission are just some of the priorities of this agenda, meaning technology and related copyright and patent issues will have to wait.

But not for long. Rumours are already flying that Democratic Senator Dianne Feinstein (D-CA) is ready to reintroduce the PERFORM Act, one of the bills from the 109th Congress that would use the music licensing process to punish music services that do not implement technological protection measures. But the silver lining in this cloud is that Senator Feinstein seems to be on her own, without the support of the critically important Chair of the Senate Judiciary Committee, Patrick Leahy (D-VT).

Read More
Post

Google-eyed

October 19, 2006 Analog Hole , Broadcast Flag , DRM , Fair Use , Orphan Works

I just returned from three days in the Bay area, and the highlight of my trip was getting a tour of, and giving a policy talk at, the Google campus in Mountain View. It was everything you may have heard about, and more – terrific free food, a top of the line health club, water treadmills, Segways, scooters, even washers and dryers, complete with free detergent and fabric softener. While these amenities were remarkable, I was more struck by the touches of whimsy – each conference room named after a foreign city (I had a meeting in the Bangui conference room – anyone know where that is?), massage chairs in the waiting rooms, and a "mouse" made from a basket, carefully placed in a stairwell to look like a rodent had taken up residence. Many thanks to Google Policy Analyst Rishi Jaitly for his hospitality.

But the policy talk, entitled "From Capitol Hill to Silicon Valley: Copyright, IP Law and Innovation was serious, as was the meeting I had beforehand with several of Google's top product lawyers (old friends Daphne Keller and Glenn Otis Brown), as well as its top copyright lawyer (and new friend), Alex MacGillivray. With its recent $1.65 billion purchase of You Tube, copyright law and the prospect of future litigation weighed heavily on the Googler's minds. And well it should, since Universal Music just announced that it was bringing lawsuits against two other video sharing sites, Grouper.com and Bolt.com. And even though You Tube has licensing agreements with several of the large music companies, those agreements don't cover Hollywood, or people like video journalist Robert Tur, who is claiming that You Tube "induces" copyright infringement. Moreover, to the extent that those licensing agreements include uses of copyrighted works that could be considered fair use, there is concern about setting a precedent that presumes that such uses need to be licensed. Another concern is that once the content companies get their feet in You Tube's door, that they will demand design control and other concessions regardless of the value they receive from the promotion that You Tube and its brethren provide.

Read More
Post

Copyright Modernization Act Update

September 15, 2006 Copyright Modernization Act of 2006 , Fair Use , Orphan Works , Policy Blog

When last we left you, HR 6052, the Copyright Modernization Act, was scheduled to be marked up by the full House Judiciary Committee this past Wednesday. But the Committee did not get to the bill. It may have been for lack of time, but we think it was a combination of pressure from consumer electronics, public interest and broadcast groups, the recording industry and artists and songwriters who are just now learning how the bill would harm them.

The fight is far from over. The trade press is reporting that Lamar Smith (R-TX), the chief sponsor of the bill and the Chair of the House Subcommittee on Courts, the Internet and Intellectual Property, will make some changes, but is determined to mark up the bill next week, regardless of whether there are outstanding concerns.

As I have said before, online music licensing reform is important and necessary, and it is doable so long as the bill is not used for other purposes, like diminishing consumers' rights, limiting innovation and taking from artists and songwriters what is rightfully theirs. If Chairman Smith is willing to cut through the wish lists of the big record labels and music publishers, we could have ourselves a very good bill.

Read More
Post

Now the Fun Starts: Music Licensing, Orphan Works and The Copyright Modernization Act of 2006

September 11, 2006 Broadcast Flag , DRM , Fair Use , Orphan Works , Policy Blog

This massive copyright bill just landed on my desk, and rumor has it that it may get "marked up" by the full House Judiciary Committee this week. Titled the "Copyright Modernization Act of 2006," the bill has two of the pieces that I discussed in my last blog post, online music licensing reform and orphan works. I call a proposed law like this a "take your medicine" bill, because it attempts to give different parties something to like and something to dislike. But it fails in that regard, since it gives the music publishers everything they want, and gives digital satellite and digital broadcast radio nothing. The public is left in the middle, unhappy with some of the music licensing provisions, yet excited about the prospect of orphan works relief.

Read More
Post

Fasten Your Seatbelts – Congress is Back in Town

September 7, 2006 Broadcast Flag , DRM , Fair Use , Orphan Works , WIPO Broadcasters Treaty

This is going to be one crazy September. Congress is back, and just about every issue that Public Knowledge is working on is red hot. However, with only about 18 legislative days to go before the election and control of Congress at stake, it is unlikely that copyright and communications issues will get priority. Many news outlets are reporting that national security issues are likely to dominate, and that once big priorities like immigration reform are likely to be dropped. But as with every end of a Congressional term, one has to watch out for substantive provisions tacked on to spending bills or other must-pass legislation. The chances of this kind of activity will increase if, as expected, there is a "lame duck" session after the election. So here are some of the things to watch out for over these next few months:

Read More