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House Hearing Highlights Copyright Office's Challenges
On Sept. 18 the House Judiciary Committee's Subcommittee on Courts, Intellectual Property, and the Internet conducted an oversight hearing on the Copyright Office with sole testimony from Register of Copyrights Maria A. Pallante. Pallante enjoyed bipartisan support for her efforts, however, lawmakers pursued a joint exploration of how seriously outmoded the Copyright Office's procedures are in the face of contemporary challenges. While giving her staff credit for working under less than ideal conditions, Pallante described the consequences of maintaining the status quo, saying, "There is already a significant gap between our services and how the copyright marketplace operates, so that gap will grow." A hard-hitting series of questions by Rep. Darrell Issa (R-Calif.) was especially colorful and pointed. Issa called the Copyright Office "the most arcane part of government" and complained that "we're dealing with 1897 thinking." Rep. Tom Marino (R-Pa.) asked whether moving the Copyright Office into the 21st century would cut down on unnecessary litigation. Pallante asserted no major harm has been caused by the copyright's office's dated proceedings, but to avoid future harm, either new safeguards or a new paradigm are needed.
DMCA Review Of 1201 Exemptions To Follow New Procedure
Associate Register of Copyrights and Copyright Office General Counsel Jacqueline C. Charlesworth published the latest call, in the Sept. 17 Federal Register, for the public and industry to recommend what kinds of hacks should be permitted in the next round of Digital Millennium Copyright Act Section 1201 exemptions. The prohibition on circumventing control to access copyrighted works became U.S. law with the DMCA in 1998 and is included in international treaties to protect intellectual property. In this sixth review, the copyright office is simplifying the procedure of submitting petitions. First-round submissions are due by Nov. 3 for proposed legal hacks. The second round will feature opposition arguments. Each proposed exemption must be submitted separately along with contact information and a half-dozen elements that address the DMCA statute. The submissions can then be congregated so partisan groups can work together to develop their message, and no formal or complete presentation of evidence will be needed during these first rounds. The Copyright Office will also be able to advise stakeholder communities how to better present their case, whether for or against, and the public will be encouraged to take a lively interest in the process. Previously, all evidence and arguments had to be presented initially, a requirement that greatly favored commercial interests over the general public. The Unlocking Consumer Choice and Wireless Competition Act was signed into law Aug. 1 to allow greater leeway unlocking mobile phones than was permitted in the Librarian of Congress' last triennial review. At that time, the exemption was severely narrowed, but public outcry led Congress to restore the exemption through legislation. During this next cycle the Copyright Office and Library of Congress will be called on to consider whether or not to renew that exemption. The new law also requires an evaluation to be made during this cycle as to whether the exemption should be extended to non-phone mobile devices such as tablets.
House Copyright Review Hears Testimony On Section 12
On Sept. 17 the House Judiciary Committee's Subcommittee on Courts, Intellectual Property, and the Internet heard testimony on Section 12 of the copyright statute (Copyright Protection And Management Systems), which includes Section 1201 mentioned above. Rep. Bob Goodlatte (R-Va.) said the witnesses "have suggested various options to modify Chapter 12, some with a scalpel and others with perhaps blunter instruments." Electronic Frontier Foundation Intellectual Property Director Corynne McSherry cast anti-hacking laws in the worst light and recommended that they never be used to go after non-infringing uses. American Foundation for the Blind Director of Public Policy Mark Richert was an aggressive advocate for the needs of his group while recognizing that great strides have been made in the last few years. Representatives of ACT — The App Association and the Entertainment Software Association considered Section 1201 a success up to now that hopefully could adjust well to meet new challenges. Both organizations noted that many of the law's flaws have since been remedied through judicial rulings that are now accepted as precedent, while they noted that videogame consoles and mobile devices are platforms that needs technological protection measures to stay in place for now. On the other hand, Goodlatte noted, "the music industry has in recent years turned away from widespread use of [technological protection measures]."
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