Department of Commerce Recommends Copyright Law Changes | Practical Law

Department of Commerce Recommends Copyright Law Changes | Practical Law

The US Department of Commerce's Internet Policy Task Force (IPTF) has released White Paper on Remixes, First Sale, and Statutory Damages, which includes recommendations on the legal framework for the creation of remixes, the relevance and scope of the first sale doctrine, and the appropriate calculation of statutory damages in the contexts of individual file sharers and secondary liability for large-scale infringement.

Department of Commerce Recommends Copyright Law Changes

Practical Law Legal Update w-001-3976 (Approx. 3 pages)

Department of Commerce Recommends Copyright Law Changes

by Practical Law Intellectual Property & Technology
Published on 29 Jan 2016 • USA (National/Federal)
The US Department of Commerce's Internet Policy Task Force (IPTF) has released White Paper on Remixes, First Sale, and Statutory Damages, which includes recommendations on the legal framework for the creation of remixes, the relevance and scope of the first sale doctrine, and the appropriate calculation of statutory damages in the contexts of individual file sharers and secondary liability for large-scale infringement.
On January 28, 2016, the US Department of Commerce's Internet Policy Task Force (IPTF) released White Paper on Remixes, First Sale, and Statutory Damages. The IPTF is comprised of representatives from the US Patent and Trademark Office, the National Telecommunications and Information Administration, and other Commerce Department agencies. The paper recommends amendments to ensure that copyright law maintains a balanced approach to copyright protection and innovation in the digital age.
The report includes recommendations for three areas affected by digital technology changes:
  • The legal framework for the creation of remixes. In this area, the IPTF recommends:
    • developing negotiated guidelines providing greater clarity about the application of the fair use doctrine to remixes;
    • expanding the availability of a wider variety of voluntary licensing options; and
    • increasing educational efforts aimed at broadening the understanding of fair use.
  • The relevance and scope of the first sale doctrine. In this area, the IPTF:
    • concludes that amending the law to extend the first sale doctrine to digital transmissions of copyrighted works is not advisable at this time;
    • notes concerns expressed by libraries about the loans of e-books; and
    • believes there is a need to provide consumers with more clarity about the nature of the transactions they enter into when they download copies of works.
  • The appropriate calculation of statutory damages in the contexts of individual file sharers and secondary liability for large-scale infringement. In this area, the IPTF recommends the following amendments to the Copyright Act:
    • incorporating a list of nine factors for courts and juries to consider when determining the amount of statutory damages;
    • implementing changes to copyright notice provisions that would expand eligibility for the lower "innocent infringement" statutory damages awards; and
    • giving courts discretion to assess statutory damages in ways other than on a strict per-work basis in cases involving non-willful secondary liability for online service providers offering a large number of works.
The white paper is a follow-up to the 2013 IPTF green paper Copyright Policy, Creativity, and Innovation in the Digital Economy, which aimed to encourage discussion of major online copyright issues and included a recommendation that the task force provide further analysis of the three specific issues outlined in this white paper. For more information on the green paper, see Legal Update: Department of Commerce Publishes Green Paper on Digital Copyright Policy.