Copyright Alliance CEO and Others Resign from ALI’s Copyright Restatement Project; Copyright Alliance, May 16, 2025

Copyright Alliance; Copyright Alliance CEO and Others Resign from ALI’s Copyright Restatement Project

"In a statement issued today, Copyright Alliance CEO Keith Kupferschmid announced that he, along with numerous other advisers and liaisons, have resigned from the American Law Institute’s (ALI) Restatement of Copyright Law (Restatement) project, effective immediately. The resignations follow those of four prominent law professors earlier this week. 

According to Kupferschmid, “I am officially announcing my departure from the ALI’s Copyright Restatement project for a number of critical reasons, including the fact that throughout the initiative, ALI Copyright Restatement Reporters routinely disregarded concerns and comments shared by the U.S. Copyright Office, judges, and numerous other expert participants. This input was not considered because it differed from the ALI Reporters’ views and biases regarding copyright law. 

“Before the start of this project, we and many others warned that the Copyright Restatement effort was likely to look much more like a restatement of the Reporters’ views rather than actual copyright law. Unfortunately, these predictions came true, resulting in the final version of the Copyright Restatement presenting a restrictive and warped view of copyright—one that is inconsistent with the statute and case law and reflects the Reporters’ aspirations to change the copyright law.

“There is a general undercurrent of anti-copyright sentiment that runs through the entire Copyright Restatement that manifests itself through a disproportionate focus on atypical court decisions that limit the scope of copyright protection. Not only does the ALI Restatement emphasize minority and outlier decisions and focuses on the exceptions rather than the rules, but at times during the project, the Reporters also drew conclusions that the current law simply does not support. 

“It is for these reasons that I have signed onto a letter to the ALI voicing my concerns and stepping down from my role as liaison. I am not alone in this belief, as evidenced by the fact that approximately half of the advisers and liaisons have, or are in the process of, resigning from this project, one that that falls far short of the ALI’s otherwise high standards and stellar reputation.”

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ABOUT THE COPYRIGHT ALLIANCE

The Copyright Alliance is a non-profit, non-partisan public interest and educational organization representing the copyright interests of over two million individual creators and over 15,000 organizations in the United States, across the spectrum of copyright disciplines. The Copyright Alliance is dedicated to advocating policies that promote and preserve the value of copyright, and to protecting the rights of creators and innovators. The Copyright Alliance is the unified voice of the copyright community, and the views espoused may not reflect the specific views of any individual or organization. For more information, please visit our website."

As the 'engine of free expression,' copyright law plays a vital role in enabling journalists to shine a light on injustice; The Hill, June 11, 2020

Terrica Carrington, Tom Kennedy, and Akili-Casundria Ramsess; As the 'engine of free expression,' copyright law plays a vital role in enabling journalists to shine a light on injustice

"An op-ed published in the Washington Post unjustly criticized the IP Subcommittee, as well as Don Henley and the other creators who were asked to testify on June 2, for “debating the nuances of copyright law” in the midst of this unrest. There is no doubt that last week’s DMCA hearing was far from the most significant or newsworthy thing to happen in recent weeks, but it was necessary. And while the link may seem attenuated on the surface, ensuring that copyright law is effective plays a critical role in enabling the press to report on the events unfolding all across the country, elevate the voices of marginalized communities, and hold those in power accountable."

Copyright Alliance blasts Internet Archive’s Emergency Library launch as “vile”; ZDNet, March 31, 2020

Charlie Osborne, ZDNet; Copyright Alliance blasts Internet Archive’s Emergency Library launch as “vile”

The National Emergency Library opened to help learners “displaced” by COVID-19.

"The Authors Guild said that COVID-19 has been used "as an excuse to push copyright law further out to the edges" which, in turn, is causing authors that are already struggling to pay the bills additional harm...

"Acting as a piracy site -- of which there already are too many -- the Internet Archive tramples on authors' rights by giving away their books to the world," the group says.  

More criticism has come in the form of comments made by the Copyright Alliance, an organization that represents the rights of those in creative industries including authors and artists. CEO Keith Kupferschmid noted that creators are among the hardest hit at present, and while projects have been set up to help those in these industries, the executive said IA's project is making "things much worse for those that need our help.""

The Copyright Barons Are Coming. Now’s the Time to Stop Them; Wired, 1/31/17

Josh Tabish, Wired; The Copyright Barons Are Coming. Now’s the Time to Stop Them

"FRESH ON THE heels of President Donald Trump’s inauguration, one of the largest pro-copyright lobbies in the United States is asking the newly elected president to increase the powers held by copyright holders.

In a recent letter addressed directly to Trump, the Copyright Alliance— speaking on behalf of high profile members such as the MPAA and RIAA—suggests the President create new digital borders on the internet. The concept is not dissimilar in spirit to the controversial and highly symbolic wall Trump has promised to build between the United States and Mexico or the restrictions he’s imposed on refugees and Muslims entering the country."

Industry Urges Congress to Support Copyright Law; Hollywood Reporter, 3/10/15

Alex Ben Block, Hollywood Reporter; Industry Urges Congress to Support Copyright Law:

"The industry group CreativeFuture and the Copyright Alliance announced Tuesday they have joined forces to have more than 1,200 of their members send letters to members of the Senate and of Representatives in support of copyright law, which is under review by the 114th Congress.

“Our copyright system is not perfect,” say the letters, “but, like democracy, it is better than the alternatives. It works. We urge Congress to resist attempts to erode the right of creatives to determine when and how they share their works in the global marketplace.”"

[Podcast] Copyright Law in the Digital Age; Diane Rehm Show, 1/5/12

[Podcast] Diane Rehm Show; Copyright Law in the Digital Age:

"Copyright laws emerged with the arrival of the printing press in 15th-century England. The printing patent served as a way to protect guild members from those who would copy their work. Today, we live in a world of digital abundance, where everyone is both a creator and a user. As more and more information is produced and shared online -- literary, dramatic, musical, and artistic works -- some believe we need more ways to protect it without discouraging creativity. Diane and her guests discuss the role of copyright law in the digital age.

Guests
William Patry Senior copyright counsel at Google and author of "How to Fix Copyright"

Michael Carroll Director of the Program on Information Justice and Intellectual Property at Washington College of Law at American University and founding board member of Creative Commons, Inc.

Sandra Aistars Executive Director of Copyright Alliance"

Pushing Back Against Legal Threats by Putting Fair Use Forward; Chronicle of Higher Education, 5/29/11

Jeffrey R. Young, Chronicle of Higher Education; Pushing Back Against Legal Threats by Putting Fair Use Forward:

"A rarely discussed form of self-censorship happens routinely on college campuses. Professors and graduate students choose not to tackle academic arguments that involve music, movies, or other forms of popular culture. They worry that including relevant clips in their work means the hassle and expense of getting copyright permission for each snippet."

Supreme Court Allows Wider DVR Use; New York Times, 6/30/09

Stephanie Clifford via New York Times; Supreme Court Allows Wider DVR Use:

"The Supreme Court on Monday delivered a blow to the television networks when it declined to hear a case about a digital video recorder technology, opening the gate for wider use of DVR systems.

The case began in 2006 when Cablevision Systems, the New York-area cable operator, announced plans for what is called a network DVR system. With it, a customer would use a remote control to digitally record a program like “60 Minutes” but instead of storing the show in the customer’s at-home DVR box, the technology would store the show on a faraway Cablevision server.

The technology would let Cablevision convert set-top boxes into boxes with DVR capabilities without requiring an installation or new equipment.

“It opens up the possibility of offering a DVR experience to all of our digital cable customers,” Tom Rutledge, Cablevision’s chief operating officer, said in a statement. Programmers including Turner Broadcasting System’s Cartoon Network, CNN and television networks sued Cablevision, saying the system violated copyright law. In March 2007, a lower court agreed, ruling that Cablevision “would be engaging in unauthorized reproductions and transmissions of plaintiffs’ copyrighted programs.” The United States Court of Appeals for the Second Circuit in New York reversed that decision in August 2008. The plaintiffs asked the Supreme Court to hear the case, but the Supreme Court’s refusal essentially reinforced the Second Circuit’s decision.

Patrick Ross, the executive director of the Copyright Alliance, an industry group that includes the Motion Picture Association of America and Time Warner, said a recording stored in a network was different from one stored in a consumer’s set-top box.

“This appears to be a very clever way for a licensee of creative works to develop new distribution methods that, it would argue, do not require licenses,” said Mr. Ross, whose group filed an amicus brief on behalf of the plaintiffs."

http://www.nytimes.com/2009/06/30/technology/30cable.html?scp=1&sq=dvr&st=cse

EFF Launches 'Teaching Copyright' to Correct Entertainment Industry Misinformation; Electronic Frontier Foundation, 5/27/09

Via Electronic Frontier Foundation; EFF Launches 'Teaching Copyright' to Correct Entertainment Industry Misinformation: New Curriculum Gives Students the Facts About Their Digital Rights and Responsibilities:

"As the entertainment industry promotes its new anti-copying educational program to the nation's teachers, the Electronic Frontier Foundation (EFF) today launched its own "Teaching Copyright" curriculum and website to help educators give students the real story about their digital rights and responsibilities on the Internet and beyond.

The Copyright Alliance -- backed by the recording, broadcast, and software industries -- has given its curriculum the ominous title "Think First, Copy Later." This is just the latest example of copyright-focused educational materials portraying the use of new technology as a high-risk behavior...

The website at www.teachingcopyright.org includes guides to copyright law, including fair use and the public domain.

"Kids are bombarded with messages that using new technology is illegal," said EFF Activist Richard Esguerra. "Instead of approaching the issues from a position of fear, Teaching Copyright encourages inquiry and greater understanding. This is a balanced curriculum, asking students to think about their role in the online world and to make informed choices about their behavior."

The Teaching Copyright curriculum was developed with the input of educators from across the U.S. and has been designed to satisfy components of standards from the International Society for Technology in Education and the California State Board of Education.

http://www.eff.org/press/archives/2009/05/27

Panel Issues Guide to Using Copyrighted Material in the Classroom - Chronicle of Higher Education, 11/11/08

Via Chronicle of Higher Education: Panel Issues Guide to Using Copyrighted Material in the Classroom

"The guide, to be released today, is called "Code of Best Practices in Fair Use for Media-Literacy Education." The center created the guide over the course of 10 meetings that involved more than 150 educators, and it was reviewed by a panel of lawyers who are experts in fair use—the doctrine that allows people to reproduce portions of copyrighted works for purposes like teaching or scholarship...

The guide argues that discussion of copyright in education has too often been shaped by copyright holders, "whose understandable concern about large-scale copyright piracy has caused them to equate any unlicensed use of copyright material with stealing." The authors say they hope their work will help professors understand their rights better under current law...

Will a misstep on copyright in the classroom get you sued? "That's very, very unlikely," says the new guide. "We don't know of any lawsuit actually brought by an American media company against an educator over the use of media in the educational process.""

http://chronicle.com/free/2008/11/7151n.htm?utm_source=at&utm_medium=en

A Great Day for Creators - Copyright Alliance, 9/11/08

Pro-"Enforcement of Intellectual Property Rights Act of 2008" blog entry by Patrick Ross, Executive Director, Copyright Alliance

A Great Day for Creators:
"It is in my humble opinion a no-brainer that everybody wins when copyright laws are better enforced. Creators see their rights upheld. Both creators and their partners in distribution earn more due to a decrease in lost sales. Federal, state and local governments see tax revenue increases as goods that are taxed (legitimate creative works) are bought vs. untaxed goods (counterfeits). And society benefits, as the incentive remains for those works to be created to begin with.
The Senate Judiciary Committee demonstrated their understanding of that earlier today with the overwhelming passage of S. 3325, the Enforcement of Intellectual Property Rights Act of 2008, authored by Chairman Leahy (D-VT) and ranking Republican Specter (PA)."
http://blog.copyrightalliance.org/2008/09/a-great-day-for-creators/