The Copyright Office belongs in the Library of Congress; ALA District Dispatch, August 9, 2017

Alan Inouye, ALA District Dispatch; The Copyright Office belongs in the Library of Congress

"In “Lessons From History: The Copyright Office Belongs in the Library of Congress,” a new report from the American Library Association (ALA), Google Policy Fellow Alisa Holahan compellingly documents that Congress repeatedly has considered the best locus for the U.S. Copyright Office (CO) and consistently reaffirmed that the Library of Congress (Library) is its most effective and efficient home.

Prompted by persistent legislative and other proposals to remove the CO from the Library in both the current and most recent Congresses, Holahan’s analysis comprehensively reviews the history of the locus of copyright activities from 1870 to the present day. In addition to providing a longer historical perspective, the Report finds that Congress has examined this issue at roughly 20-year intervals, declining to separate the CO and Library each time."

The U.S. Supreme Court Is Reining in Patent Trolls, Which Is a Win for Innovation; Harvard Business Review, June 2, 2017

Larry Downes, Harvard Business Review; The U.S. Supreme Court Is Reining in Patent Trolls, Which Is a Win for Innovation

"In the last week, the U.S. Supreme Court issued two important rulings limiting patent rights. The decisions, which were both unanimous, significantly scaled back the ability of patent holders to slow innovation by competitors, tipping scales that many legal scholars believe have become badly imbalanced."

Information Access and the 800-Pound Gorilla; Inside Higher Ed, February 20, 2017

Bryn Geffert, Inside Higher Ed; 

Information Access and the 800-Pound Gorilla

"The first copyright statute, enacted in 1790, allowed authors to retain copyright in their work for 14 years. And they could, if they desired, renew that copyright for an additional 14 years. Congress believed that a maximum period of 28 years offered the “limited” protections authorized by the U.S. Constitution to “promote the Progress of Science and useful Arts.”

Under the original statute, the Library of Congress, my library and any library in the world could digitize and disseminate without charge Miller’s, Flexner’s and Furtwangler’s studies of Hamilton to the homeschooled fifth-grader, to my 15-year old son, to the high school student in rural Arkansas, to the college student at a state university and to the scholar in Niger.

We have now, today, the technology to achieve the vision endorsed by our new (and possibly best) librarian of Congress -- a vision ostensibly shared by her admiring senatorial colleagues who, though they agree on little else, appear to agree on this.

What we lack and what we need is an old law -- an old law to serve new technology.

But first we need our new chief librarian to point at the gorilla, yell for Congress’s attention and beg the legislators who confirmed her to act in accord with the ideals they articulated last spring."

Can you hold copyright in federal law?; Washington Post, 2/8/17

David Post, Washington Post; Can you hold copyright in federal law?

"Unfortunately, I think Judge Chutkan got the copyright analysis correct on this one; there is simply no provision in the Copyright Act that can be read to strip protection for works that become, after their creation, incorporated into the law.

It is a very unfortunate state of affairs. Almost 10 years ago, in response to a similar copyright claim (by the state of Oregon, no less) asserting copyright in the text of its laws, I wrote that “it  is completely outrageous that in 2008 [!!] we do not have a complete and authoritative compendium of all of the laws of the 50 States, and the federal government, available at no cost on the Internet.” It was true then, and it is true now; the idea that one has to purchase a copy of relevant regulatory requirements that you are required, by law, to comply with is outrageous — and the fact that one can consult a hard copy of the regulations at the Office of the Federal Register in Washington does not make it less so."

After 15 Years In WTO, China Still Weak On Many IP Rights Rules, US Says; Intellectual Property Watch, 1/10/17

William New, Intellectual Property Watch; 

After 15 Years In WTO, China Still Weak On Many IP Rights Rules, US Says:

"Innovation and intellectual property rights have set the United States apart from competitors in recent history, and China seems intent on closing that gap any way it can. A US trade office report out this week on China’s compliance with World Trade Organization rules 15 years after accession show the magnitude of China’s continuing compliance problems related to intellectual property rights. 

“Serious concerns,” “problems,” “challenges,” “weakness,” “insufficient.” These and many other negative terms fill the 200-page report’s sections describing China’s treatment of intellectual property rights. There is plenty of progress cited too, but the report reads as an open to-do list with new issues arising all the time. One question is how much of this behaviour could be brought to the WTO Dispute Settlement Body. Another might be what the new US administration is going to do differently about this list.

The Office of the US Trade Representative’s 2016 Report to Congress on China’s WTO Compliance is available here [pdf]."

Open Government Data Act set for progress in 2017 after Senate passage; FedScoop, 12/12/16

Samantha Ehlinger, FedScoop; Open Government Data Act set for progress in 2017 after Senate passage:

"A bill codifying and building on the president's executive order and the White House’s Open Data Policy passed the Senate unanimously early on Saturday morning, in a surprising last-minute effort to get the bill through the chamber before the holidays.

The OPEN Government Data Act, which sets in place a presumption that government data should be published in an open, machine-readable format, will likely not make it to President Barack Obama’s desk. But the bill could be reintroduced next year.

“Because transparency keeps Washington accountable to the people, government data should be made public unless an administration makes a compelling reason not to,” said Sen. Ben Sasse, R-Neb., who introduced the legislation with Sen. Brian Schatz D-Hawaii, in a statement. “After passing the Senate with bipartisan support, we have momentum to carry this important work into the new year.”"

Congressional panel calls for independent Copyright Office; Washington Post, 12/9/16

Peggy McGlone, Washington Post; Congressional panel calls for independent Copyright Office:

"Federal lawmakers are calling for an independent Copyright Office that would be led by a Register nominated by the president and confirmed by the Senate.

The House Judiciary Committee on Thursday released the first in what is expected to be a series of reforms. They suggest keeping a newly independent office in the Legislative branch, and funding technology upgrades including a searchable, digital database of historical and current copyright ownership.

Coming on the heels of the resignation of Copyright Register Maria Pallante, and previous suggestions from the Senate Judiciary Committee, the proposals set up a show-down between Congress and new librarian Carla D. Hayden over the future of the agency."

A Cheat Sheet for Copyright Reforms: Radio Royalties, Simplified Licensing and More; Billboard, 2/17/15

Ed Christman and Glenn Peoples, Billboard; A Cheat Sheet for Copyright Reforms: Radio Royalties, Simplified Licensing and More:

"The complex issue of copyright reform took center stage during the Grammy Awards telecast on Feb. 8 when Recording Academy chief Neil Portnow urged Congress to ensure that "new technology [pays] artists fairly." His comments echoed some of the contents of a 250-page music-licensing report issued just three days earlier by the U.S. Copyright Office. Congress may or may not enact some of those recommendations into law -- but if it does, the ramifications are enormous."

Steven Tyler tells Congress to walk his way on copyright; Washington Post, 3/25/14

Emily Heil, Washington Post; Steven Tyler tells Congress to walk his way on copyright:

"Onstage, with a view of the Capitol in the background, Tyler capped off a few days of lobbying with renditions of hits like “Cryin’” and “Dream On,” to a crowd of suits who looked like they were reliving their high-school days. The musician spent his visit to Washington meeting with members of Congress to talk about stronger protection for songwriters in the copyright system, including against having their work used, willy-nilly, in samples or mashups by other artists.

Tyler insisted in an interview before the show that he just wants to be a passionate voice in Washington for songwriters — not just the “rich rock stars” like him. “Hopefully, I can touch them, like a modern-day Will Rogers,” he says, evoking the folksy actor-turned advocate of the 1920s and ’30s. “He’d stand up and speak and everyone would listen.”"

Watch out Big Content—RapidShare has hired a lobbying firm; ArsTechnica.com, 12/28/10

Matthew Lasar, ArsTechnica.com; Watch out Big Content—RapidShare has hired a lobbying firm:

"The registration form that RapidShare filed with the government makes it pretty clear what the three lobbyists the company has hired will be focusing on: "Develop and implement a coordinated government affairs/public relations program for RapidShare targeted at Congress, the Administration and the media to help counter negative attacks on the company from US copyright interests.""

Leading Author Groups Call on Congressional Authors to Oppose Google Book Search 2.0; Resource Shelf Blog, 1/7/10

Resource Shelf Blog; Leading Author Groups Call on Congressional Authors to Oppose Google Book Search 2.0:

"The National Writers Union, the American Society of Journalists and Authors and the Science Fiction Writers of America today reached out to fellow authors in the U.S. Congress to highlight the flaws of the most recent Google Books Settlement proposal. The letter to sent to more than 60 Congressional authors focused on the copyright, monopolistic and contractual ramifications of an approved GBS 2.0.

Today’s letter from prominent author groups further extends momentum against the proposed settlement between Google and the Author’s Guild and the Association of American Publishers. In the last month, award-winning author Ursula K. Le Guin’s resigned from the Authors Guild because “[The Author's Guild] has decided to deal with the devil, as it were, and have presented your arguments for doing so. I wish I could accept them, but I can’t. ”"

http://www.resourceshelf.com/2010/01/07/leading-author-groups-call-on-congressional-authors-to-oppose-google-book-search-2-0/

Google pushes for new law on orphan books; CNet News, 7/31/09

Tom Krazit via CNet News; Google pushes for new law on orphan books:

"If those organizations attacking Google's book search settlement with publishers spent as much time lobbying Congress for better laws concerning those issues, perhaps the controversy would go away, Google's chief Book Search engineer suggested Thursday night.

Google's quest to convince the world it has nothing to fear by its settlement with publishers came to the Computer History Museum Thursday where Dan Clancy, engineering director for Google Book Search, defended the settlement before a few hundred attendees who submitted written questions to John Hollar, president and CEO of the museum...

The Internet Archive has been one of the more prominent critics of Google's Book Search settlement, and distributed a statement prior to Thursday's event saying just that. "...no one else has the same legal protections that Google has. Would the parties to the settlement amend the settlement to extend legal liability indemnification to any and all digitizers of orphan works? If not, why not leave orphans out of the settlement and compel a legislative solution instead of striking a private deal in a district court?"

Under the settlement, the Books Rights Registry is allowed to cut deals with other companies or organizations looking to digitize books, but they are not allowed to extend the same privileges Google enjoys with respect to orphan works, which Clancy estimated as about 10 percent of the books that are out of print but still protected by copyright.

That's why a legislative solution that fixes the problems concerning orphan works is the best outcome for everyone with a stake in book digitization, and Google is leaning on Congress to get such a law passed, Clancy said. Given the pressing issues before Congress at the moment--not to mention the complexity of copyright law--finding champions for such legislation has been difficult, he said.

Google thinks that by obtaining the right to digitize orphan works, it will stimulate demand for digital book scanning that eventually forces Congress to act. Any law passed to loosen restrictions on the use of orphan works would take precedent over Google's settlement."

http://news.cnet.com/8301-1023_3-10300887-93.html