Copyright Cleanup Clarification and Corrections Act (S.3689) Heads to President
US Copyright law took a small step toward catching up with technology this month when Congress passed a bill aimed at refining and clarifying certain existing aspects of the Copyright Act. The Senate version of the bill (S.3689) passed on November 19 and is awaiting action by President Obama.
The bill addresses several technical loose ends and aims at modernization. A small step toward the latter is accomplished by removing language from Section 512(c) that required the Copyright Office to maintain both electronic and paper records of designated copyright agents for DMCA takedown notices. Under the new legislation, records will be maintained solely in electronic format; clearly an effort to cut costs associated with maintenance of the list.
Summarizing Other Provisions...
Substantial clarity is brought to Section 201(d)(2), by adding language expressly stating the right of a copyright licensee to transfer or further license that right, absent written, contractual proscriptions by the prior licensor.
The CCCC Act's provision most likely to garner attention down the road from the general public expands Section 303(b) to state that the exemption for publication of works on phonorecord prior to 1978 includes not only musical works, but any "any musical work, dramatic work, or literary work." This clarification will make clear the duration of copyrights associated with countless works approaching the end of their copyright term over the next several decades.
Amendments to Section 803 expressly subject determinations of the Copyright Royalty Judges to judicial review and approval of the Librarian of Congress. The Royalty Board, created in 2004, currently "may issue regulations to carry out their functions under [The Copyright Act]."
There is no indication that Obama will delay passage of the bill.
The bill addresses several technical loose ends and aims at modernization. A small step toward the latter is accomplished by removing language from Section 512(c) that required the Copyright Office to maintain both electronic and paper records of designated copyright agents for DMCA takedown notices. Under the new legislation, records will be maintained solely in electronic format; clearly an effort to cut costs associated with maintenance of the list.
Summarizing Other Provisions...
Substantial clarity is brought to Section 201(d)(2), by adding language expressly stating the right of a copyright licensee to transfer or further license that right, absent written, contractual proscriptions by the prior licensor.
The CCCC Act's provision most likely to garner attention down the road from the general public expands Section 303(b) to state that the exemption for publication of works on phonorecord prior to 1978 includes not only musical works, but any "any musical work, dramatic work, or literary work." This clarification will make clear the duration of copyrights associated with countless works approaching the end of their copyright term over the next several decades.
Amendments to Section 803 expressly subject determinations of the Copyright Royalty Judges to judicial review and approval of the Librarian of Congress. The Royalty Board, created in 2004, currently "may issue regulations to carry out their functions under [The Copyright Act]."
There is no indication that Obama will delay passage of the bill.
Labels: copyright, copyright act, copyright cleanup clarification and corrections act, copyright law, doug panzer, s.3689
posted by Doug P at
10:37 AM
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