Copyright Reform Roadmap
by T. Colin Dodd
Public Knowledge Proposes Six-Point Program for Copyright Reform | Public Knowledge
The six points are:
1. Fair Use Reform. The existing four-part legal test for fair use should be expanded to add incidental, transformative and non-commercial personal uses of content. In addition, Congress should provide that making a digital copy of a work for indexing searches is not an infringement.
2. Limits on Secondary Liability. The 1984 Sony Betamax decision by the U.S. Supreme Court protecting a manufacturer of technology from liability as long as the technology has “substantial non-infringing use” should be codified.
3. Protections Against Copyright Abuse. The Digital Millennium Copyright Act (DMCA) should be expanded to deter copyright holders from filing frivolous requests that material be taken down from a web site. Congress should provide legal relief for legitimate users of a work should copyright owners overstate their rights.
4. Fair and Accessible Licensing. Congress should simplify the Byzantine world of obtaining rights to use a musical work, and should require broadcasters to pay performance royalties as satellite and Internet radio do.
5. Orphan Works Reform. Congress should limit damages for the use of works for which a copyright can not be found after a good-faith search. In addition, competitive visual registries should be established to protect visual artists and photographers.
6. Notice of Technological and Contractual Restrictions on Digital Media. Copyright holders should be required to provide clear and simple notice to consumers of any technological or contractual limitations on a consumer’s ability to make fair use or other lawful use of a product. There would be legal consequences if that notice isn’t followed.
