Copyright Office Publishes To-Do List

Last month, the Register of Copyrights released “Priorities and Special Projects Of The United States Copyright Office.”

The paper includes 17 priorities and 10 special projects that the Copyright Office will focus on for the next 2 years.

Three studies are proposed:

(1) Mass book digitization

This study largely stems from the Google Book Search litigation. (See previous blog entries here.) Some of the issues being researched include the Section 108 library and archive exceptions in digitalization, the current landscape and marketplace, addressing the issue of orphan works, and how to facilitate digitalization through licensing. It seems that the U.S. Copyright Office would like a say in the Google Book litigation but unlike Google, it seems that the U.S. government has additional considerations.

(2) Legal treatment of pre 1972 sound recordings

This is a goal raised previously as to how to treat pre-1972 sound recordings that were not covered by federal copyright. One issue is how to cover these works under federal law. (It is possible that the decision in Golan v. Holder may have an impact.) Another major issue is the impact (especially financial) on affected rights holders; and

(3) Small claims solutions for copyright owners

This study is not only the newest but also most intriguing. The Copyright Office is looking into methods of resolving copyright infringement claims involving lower amounts of money. Public comments will be due in the beginning of 2012. While the cost of litigation is high, it is difficult to perceive what the Copyright Office could propose.

Weekly Wednesday Wrapup - April 28, 2010

• 2 DAYS LEFT – DEADLINE APRIL 30, 2010 5PM
  The U.S. Copyright Office is seeking comments on termination rights particularly for those grants which occurred prior to the enactment of the 1976 Copyright Act on January 1, 1978 AND the creation of the work began after the enactment of the 1976 Copyright Act on January 1, 1978. An example is provided by the Copyright Office. Send comments here.
  
  
• Commentary on Radio Royalties and whether performers should be paid royalties for airplay on AM/FM radio.

In what ways, if any would the payment of royalties for performance affect airplay on the radio? What if for instance certain record companies or artists “waived” their royalties for radio airplay? Would radio stations give more spins to performance royalty-free songs? What do you think?

• Ripped from the Headlines takes on a whole new meaning as Dow Jones alleges copyright infringement and hot news misappropriation against Briefing.com for copying and re-publishing Dow Jones headlines and articles.
  
  
• Aquarium Facebook games faceoff in copyright infringement action.
  
  
• Copyright infringement alleged against former student by professor for course materials in teacher’s certification program.