Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Lawmakers Announce First Policy Proposal to Copyright Reform

Author: Scarinci Hollenbeck, LLC

Date: January 4, 2017

Key Contacts

Back

Will There Be U.S. Copyright Reform in the Near Future?

U.S. Copyright Reform

On Dec. 8, House Judiciary Committee Chairman Bob Goodlatte (R – Virginia) and Ranking Member Jon Conyers Jr. (D – Michigan) unveiled the first policy proposal to U.S. Copyright law. The proposal is the result of Committee’s review of U.S. Copyright law and the Copyright Office’s current operations. The lawmakers maintained that the Office is still conducting itself according to what was effective in the 20th century, asserting it should have the resources necessary to navigate contemporary copyright challenges.

The proposed copyright amendments 

The proposals were broken down into 4 subsections: The Register of Copyrights and Copyright Office Structure, Copyright Office Advisory Committees, Information Technology Upgrades and Small Claims.

  1. The Register of Copyrights and Copyright Office Structure The Committee first proposed that the Office should retain its position within “the Legislative Branch where it can provide independent and timely advice to Congress on copyright law and policy.” In addition, the proposal recommended that the “Office should have autonomy over its budget and technology needs.” Finally, the proposal recommended that “selection of future Registers of Copyright…be subject to a nomination and consent process” like other senior government officials “to ensure that the American people have an opportunity to provide input into the selection.”
  2. Copyright Office Advisory Committees The Committee also recommended that the Copyright Office have a “combination of permanent and ad-hoc advisory committees to advise the Register on critical issues,” comprised of members that “reflect a wide range of views and interests.”
  3. Information Technology Upgrades The Committee further “urged the quickest rollout possible” of the Copyright Office’s recently released “IT modernization plan with an estimated cost of $165 million over 5 years.” It was proposed that such modernization include a “searchable, digital database of historical and current copyright ownership information,” which would be a vast improvement on the system currently in place, or lack thereof. The proposal also discusses options to allow the Copyright office to charge fees for certain services to “generate revenue for IT modernization.”
  4. Small Claims Finally, the Committee proposed that the Copyright Office “host a small claims system” that would “handle low value infringement cases as well as bad faith Section 512 notices.”

What proposed copyright reform could mean for the entertainment industry

Given that this proposal is the first of many to come, how copyright reform will impact the content creators and distributors is merely speculative, but journalists and analysts have already weighed in with viewpoints.

For example, Billboard expanded on the proposal’s “small claims system” idea. The proposed system would enable copyright owners to sue without having to deal with the traditional legal ordeal associated with such an effort. If implemented, the system would put a cap on how much a copyright holder could receive in damages. Billboard noted the infringement penalties would be much less than the maximum statutory damages of $150,000 per work.

It is worth mentioning that the policy proposals, at this time, are just that – proposals. In a video statement, Goodlatte and Conyers reiterate this point by stating “these policy proposals are not meant to be the final word on reform in these individual issue areas, but rather a starting point for further discussion by all stakeholders, with the goal of producing legislative text within each issue area.”

Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Shane Birnbaum, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"
How Understanding Bankruptcy Trends Can Benefit Your Business post image

How Understanding Bankruptcy Trends Can Benefit Your Business

The bankruptcy legal landscape presents both challenges and opportunities for businesses navigating financial distress. Understanding current bankruptcy trends can help businesses make more informed and strategic decisions. Corporate Bankruptcy Filings Trending Upwards Bankruptcy filings continued to trend upwards in 2024. According to statistics released by the Administrative Office of the U.S. Courts, personal and business […]

Author: Brian D. Spector

Link to post with title - "How Understanding Bankruptcy Trends Can Benefit Your Business"
SEC Takes Actions Against Issuers for Failure to File Form D post image

SEC Takes Actions Against Issuers for Failure to File Form D

In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]

Author: Kenneth C. Oh

Link to post with title - "SEC Takes Actions Against Issuers for Failure to File Form D"
Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda post image

Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda

On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]

Author: Matthew F. Mimnaugh

Link to post with title - "Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: