Enter to open, tab to navigate, enter to select
Department of Commerce Publishes Green Paper on Digital Copyright Policy
Practical Law Legal Update 4-536-2225 (Approx. 3 pages)
Department of Commerce Publishes Green Paper on Digital Copyright Policy
by Practical Law Intellectual Property & Technology
| Published on 06 Aug 2013 • USA (National/Federal) |
The US Department of Commerce's Internet Policy Task Force (IPTF) has released Copyright Policy, Creativity and Innovation in the Digital Economy, a green paper that aims to encourage public discussion of online copyright issues.
On July 31, 2013, the US Department of Commerce released Copyright Policy, Creativity, and Innovation in the Digital Economy, a green paper developed by the Department of Commerce's Internet Policy Task Force (IPTF) with input from the US Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration. The paper aims to encourage discussion on what the IPTF believes are major issues involving online copyright policy that require further attention or solutions.
The report's executive summary states that the IPTF's recommendations fall into three broad categories:
- Maintaining a balance between rights and exceptions as the law is updated. In this area, the IPTF:
- urges Congress to better rationalize the public performance right for sound recordings and repeats the Obama Administration's support for extending the right to cover broadcasting.
- will solicit public comment and convene roundtables on issues relating to creating remixes and the first sale doctrine in a digital environment; and
- will support and provide input to the Copyright Office as it moves forward with working on updating the Section 108 library exception and examining issues relating to orphan works and mass digitization.
- Assessing and improving enforcement tools to combat online infringement and promote growth of legitimate services. In this category, the IPTF:
- repeats the Administration's call for Congress to enact legislation adopting the same range of penalties for criminal streaming of copyrighted works to the public as now exists for criminal reproduction and distribution;
- will solicit public comment and convene roundtables regarding the application of statutory damages in the context of individual file-sharers and secondary liability for large-scale online infringement;
- will establish a multi-stakeholder dialogue on how to improve the operation of the DMCA notice and takedown system;
- supports the Copyright Office's improvement of the DMCA database of designated agents, and its examination of possible small claims procedures;
- supports and encourages the development of appropriate voluntary private sector initiatives to improve online enforcement; and
- encourages enhancing public education and outreach efforts to inform consumers about both rights and exceptions, and to encourage the use of legitimate online services.
- Furthering the development of an efficient online marketplace. In this area, the IPTF:
- will provide input into any Congressional review of music licensing, and particularly, mechanical licensing for musical compositions;
- supports the Copyright Office's work in improving its registration and recording systems and supports enhanced incentives for using them; and
- will solicit public comment and convene roundtables concerning the government's appropriate role, if any, to help improve the online licensing environment.