The World Intellectual Property Organization (WIPO) treaties were the impetus for the U.S. legislation. This is one of those non-political things they can agree on w/o wetting their respective beds, @ Gene “Maybe if big tech is focused on Section 230 and antitrust liabilities… who knows.”. 57. “The Digital Millennium Copyright Act was passed in 1998, and while it was revolutionary at the time, the law simply hasn’t kept pace with changes in technology. This proposed reform is included in a 5,000-page long COVID-19 Stimulus Bill and is another example of a bill being added on to a larger bill in order to garner support and ultimately pass into law. L. No. It's comprised of two almost completely unrelated provisions: Section 512, with its platform safe harbors, and Section … If the researcher commits some other crime during research, then prosecute them for that crime, not for violating the DMCA. Read more. You can also subscribe without commenting. The restoration of patent eligibility to all areas of innovation . Three Democrats and a Republican have proposed a House Resolution entitled the Unlocking Technology Act of 2013. The present 101 mess is going to persist for another decade at least. Today, Senator Thom Tillis (R-NC), the Chair of the Senate Judiciary Committee’s Subcommittee on Intellectual Property released a discussion draft of a Digital Millennium Copyright Act (DMCA) reform bill titled the “Digital Copyright Act of 2021” (the discussion draft). I’ve talked to both Coons and Tillis on the matter, and a bunch of their underlings. Request A Note From Thom: Special Recognitions, Signup for Updates on COVID-19 Information, Tillis Releases Landmark Discussion Draft to Reform the Digital Millennium Copyright Act, https://www.tillis.senate.gov/2020/12/tillis-releases-landmark-discussion-draft-to-reform-the-digital-millennium-copyright-act. The Intellectual Property and Communications Omnibus Reform Act of 1999 amended section 505 by deleting everything at the end of the sentence, after “Act.” Pub. . Section 230 generally provides immunity for website platforms from third-party content. Tags:copyright, copyright reform, copyrights, digital millennium copyright act, DMCA, legislation, Senate, Senate IP Subcommittee, Senate Judiciary Committee, Senator Thom Tillis, Senator Tillis, Posted In:Capitol Hill, Copyright, Government, IP News, IPWatchdog Articles, Legislation. Benjamin Franklin With Worried and Concerned Expression Wearing Medical Face Mask On One Hundred Dollar Bill. But the bills are likely to stall out in the Senate, which Democrats narrowly control ― making the chances for immigration reform unlikely given heavy Republican opposition. The DCA amends key provisions for combatting online copyright piracy, improves the exemptions available to users for circumventing technological protection measures (TPMs), increases attribution protections so that authors can be properly credited, and makes the Register of Copyrights a Presidential appointee and places the Copyright Office under the Department of Commerce. Just yesterday we saw two wretched copyright bills-the CASE Act and a felony streaming bill -- slipped into law via a must-pass spending bill. DMCA Reform Bill. Georgia v. Public.Resource.Org (April) On April 29, the U.S. Supreme Court ruled in Georgia et al. I anticipate this being a long and thorough process, but I look forward to my colleagues and I being able to vote on compromise legislation at some point during my second term. In 2014, the Unlocking Consumer Choice and Wireless Competition Act was passed, granting a specific exemption for unlocking cell phones, without affecting the other provisions of the DMCA. WASHINGTON, D.C. – Today, U.S. There have been many technological advancements and changing business practices since the enactment of the DMCA in 1998 and “copyright law today is ill-suited for the needs of most copyright owners and individual users.” As noted by Senator Tillis in the June Subcommittee hearing, “the grand bargain of the DMCA is no longer working and not achieving the policy goals intended.” Tillis also stated that there may be a “need to design an entirely new system” in order to achieve the goals of “encourag[ing] the creation of copyrightable works and [protecting] users and consumers who are making lawful uses of copyrighted goods and software-enabled products.”, The bill is intended to modernize U.S. copyright law by amending the key provisions of the DMCA for addressing online infringement, modernizing circumvention measures, providing a means whereby authors can be properly credited, establishing the Copyright Office as an executive branch agency of the Department of Commerce, and by creating a copyright small claims tribunal. Members of Congress finally introduce serious DMCA reform Bill allows DRM circumvention for cell phone unlocking and other lawful purposes. The Eagles’ Don Henley called the law “a relic of a MySpace era in a TikTok world.” But unlike the Office’s Report, the DMCA hearings tend to focus on notice-and-staydown as a viable solution to an “outdated law.” They’ll do what is in the interest of the American people only so long as it doesn’t interfere with Big Tech contributions, eating bugs, etc. The Digital Copyright Act of 2021 (DCA) is revolutionary legislation that would modernize U.S. copyright law for the new millennium. 56. cr20oc98s republican obstruction of patent reform legislation size: 6752. Increasing roles for various federal agencies in establishing regulations to better protect copyright owners and individual users and to increase certainty for OSPs regarding obligations under section 512, such as establishing standard technical measures that OSPs must accommodate or adopt and best practices that account for differences in size, service, and scale of infringement; Clarifying knowledge requirements for OSPs, lowering the specificity with which copyright owners must identify infringing material in certain circumstances, and replacing the notice-and-takedown system in existing law with a notice-and-staydown system for complete and near complete works; Utilizing a copyright small claims tribunal, as envisioned by the CASE Act, to resolve disputes between copyright owners and counter-notice senders, as well as for pursuing enhanced penalties under section 512(f); Creating a limitation on liability for good faith users who, following a diligent search, are unable to locate the copyright owner and decide to still use the orphan work; Establishing the Copyright Office as an executive branch agency within the Department of Commerce, led by a presidentially appointed Register of Copyrights; Modernizing the existing permanent exemptions that allow for TPM circumvention for security testing and encryption research, and adding new permanent exemptions; Streamlining the triennial rulemaking process for temporary exemptions; Expanding the possible scope of temporary exemptions by authorizing the Copyright Office to permit third-party assistance “at the direction of” an intended user and to adopt temporary exemptions for trafficking of circumvention tools when the tool would be used to facilitate an exempted circumvention; Providing the author of the copyrighted work with a right of action when someone removes or alters copyright management information on digital or analog copies with the intent to conceal an author’s attribution information. The Unlocking Technology Act of 2013 was introduced to attempt to exempt non-infringing uses from the anti-circumvention clause. Read the Senate Committee reform suggestions and the answers by the Internet Archive here: Re: DMCA Reform Bill Questions from Senator Tillis for Stakeholders In addition, she is admitted to the Virginia State Bar and is a registered patent attorney with the United States Patent and Trademark Office. v. … Other goals of the bill are to “ensure that our copyright system provides both sufficient incentives for creators, important certainty and guidance for OSPs, and necessary protections for individual users and consumers.”. Those familiar with Tillis’ approach to patent reform will recognize this approach as similar to his effort to achieve consensus on patent eligibility reform earlier in this Congressional term. But it … size: 5095. 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