Legislative Update for 2009 for the Music Industry”

Kevin D. Jablonski

Overview of Discussion Topics

Pro-IP Act of 2008 Orphan Works Act DJ Girl Talk

PRO-IP Act of 2008

Prioritizing Resources and Organization

for Intellectual Property Act of 2008

Apparently “for” stands for “-” (hyphen)

PRO-IP Act of 2008

Easing Requirements for Copyright Registration

Creation of Cabinet Level “IP-Czar” Doubling of Statutory Damages for

Trademark Counterfeiting Expansion of Government Powers to Seize

Equipment

PRO-IP Act of 2008

The PRO-IP Act was backed by Recording Industry Association of America (RIAA) and the Software and Information Industry Association (SIIA), as well as the U.S. Chamber of Commerce and the AFL-CIO. These groups point out that the United States is the leading producer of intellectual property in the world and argue that additional protections are necessary to increase the nation's global competitiveness.

PRO-IP Act of 2008

Opponents, such as the Department of Justice and government watchdog groups, argue that there is little or nothing to protect intellectual property rights in this bill. Rather, unknowing “infringers” may be liable for penalties far out of proportion to the offense. Critics also worry that the new forfeiture provisions may be too far-reaching, perhaps allowing the government to seize the equipment of quasi-innocent parties.

Orphan Works Act

Organizing and Restructuring Protections that Have Artificially been Neglected

Orangutans Recognizing Poorly Handled Acronym Names

Orphan Works Act

The “problem” trying to be solved arises from the fact that copyright protections exist without any requirement for registration

As such, many rights owners are difficult to find (whereas the US Copyright Office used to have a definitive list of all copyright holders prior to 1978)

Orphan Works Act

Grants a “safe harbor” (i.e., reduced civil damages) for one to use a work subject to copyright protections if the copyright holder cannot be found.

If the copyright holder comes forward after a use, traditional copyright and contract law control the relationship.

The Copyright Office must create and undertake a certification process for the establishment of electronic databases of visual works. Certain requirements for any such registry are prescribed. The Copyright Office will post a list of all certified registries on the Internet.

Orphan Works Act

Supporters of the Orphan Works Act include the American Association of Law Libraries, American Association of Museums, American Library Association, Association of American Universities, Association of American Publishers, the Library of Congress, College Art Association, Association of Public Television Stations, the Computer & Communication Industry Association and Google.

Opponents of the Orphan Works Act include American Society of Illustrators Partnership, Advertising Photographers of America, National Writers Union, and many, many artists

DJ Girl Talk

Artist whose real name is Gregg Gillis “Mashup” artist who creates works from other music subject to

copyright protections “A law suit waiting to happen” – New York Times Mr. Gillis argues fair use as a defense to using the copyrighted

work