Copyright Alert

Consumer Messaging in Connection with Online Transactions Involving Copyrighted Works

The U.S. Department of Commerce’s Internet Policy Task Force will host a public meeting on Consumer Messaging in Connection with Online Transactions Involving Copyrighted Works from 1 p.m. - 5 p.m. ET on April 18, 2017 at the U.S. Patent and Trademark Office’s headquarters in Alexandria, Virginia. The meeting will be webcast, and members of the public will have opportunities to participate.

In its January 2016 White Paper on Remix, First Sale, and Statutory Damages, the Task Force concluded that when consumers download copies of works (such as eBooks, music, and motion pictures), they do not appear to have a clear understanding of what they can legally do with those copies. It also determined that consumers may benefit from having more information about the nature of their transactions related to copyrighted works delivered online—including whether they are paying for access to content or for ownership of a copy—to instill greater confidence and enhance participation in the online marketplace. The Task Force is therefore convening this meeting to facilitate a dialogue about ways to improve consumers’ understanding of license terms and restrictions in connection with online transactions involving copyrighted works. The goal is to explore issues and facilitate a discussion, and to determine in what ways government can be of assistance.

Please note, for those attending the event in person in Alexandria, registration is required. Registration is free. The meeting will be open to members of the public to attend, space permitting, on a first-come, first-served basis. Register to attend.

Visit the USPTO's event page for more details and webcast information. For non-press inquiries, please contact Linda Quigley, Attorney-Adviser, Office of Policy and International Affairs (Copyright), USPTO, at linda.quigley@uspto.gov.

Friday, January 29, 2016

U.S. Patent and Trademark Office News, 1/28/16

U.S. Patent and Trademark Office News:

"A report issued today by the U.S. Department of Commerce recommends amendments to copyright law that would provide courts with both more guidance and greater flexibility in awarding statutory damages.
In its "White Paper on Remixes, First Sale, and Statutory Damages," the Department’s Internet Policy Task Force (IPTF) sets forth its conclusions on three important copyright topics in the digital age: (1) the legal framework for the creation of remixes; (2) the relevance and scope of the “first sale doctrine;” and (3) the appropriate calibration of statutory damages in the contexts of individual file sharers and secondary liability for large-scale infringement.
The White Paper recommends amending the Copyright Act to incorporate a list of factors for courts and juries to consider when determining the amount of a statutory damages award. In addition, it advises changes to remove a bar to eligibility for the Act’s “innocent infringer” provision, and to lessen the risk of excessive statutory damages in the context of non-willful secondary liability for online service providers...
This new report follows up on issues first discussed in a 2013 IPTF Green Paper, "Copyright Policy, Creativity, and Innovation in the Digital Economy," and is the product of two sets of written comments and five public meetings and roundtables conducted through the following year.
The IPTF is made up of representatives from the United States Patent and Trademark Office (USPTO), The National Telecommunications and Information Administration (NTIA) and other Commerce Department agencies.
The White Paper and additional background information can be found online at: www.uspto.gov/copyright-white-paper-2016."