The United States Copyright Office is undertaking a study at the request of Congress to assess the state of U.S. law recognizing and protecting “making available” and “communication to the public”' rights for copyright holders.
The Office is requesting public comments on how the existing bundle of rights under Title 17 covers the making available and communication to the public rights, how foreign laws have addressed such rights, and the feasibility and necessity of amending U.S. law to strengthen or clarify our law in this area. The Copyright Office also will hold a public roundtable to discuss these topics and to provide a forum for interested parties to address the issues raised by the comments received.
DATES: Comments are due on or before April 4, 2014. The public roundtable will be held on May 5, 2014, from 9:00 a.m. to 5:00 p.m. EDT.
Possible
Changes to U.S. Law
a)
If
Congress continues to determine that the Section 106 exclusive rights provide a
making available right in the digital environment, is there a need for Congress
to take any additional steps to clarify the law to avoid potential conflicting
outcomes in future litigation? Why or why not?
b)
If
Congress concludes that Section 106 requires further clarification of the scope
of the making available right in the digital environment, how should the law be
amended to incorporate this right more explicitly?
c)
Would
adding an explicit “making available”' right significantly broaden the scope of
copyright protection beyond what it is today? Why or why not? Would existing
rights in Section 106 also have to be recalibrated?
d)
Would
any amendment to the “making available”' right in Title 17 raise any First
Amendment concerns? If so, how can any potential issues in this area be
avoided? If an explicit right is added, what, if any, corresponding exceptions
or limitations should be considered for addition to the copyright law?
If
there are any pertinent issues not discussed above, the Office encourages
interested parties to raise those matters in their comments. http://www.copyright.gov/docs/making_available/
Comments
Submission Form http://www.copyright.gov/docs/making_available/comments/
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