First ... Back ... Next ... Last ... (Notes home)

Making Copyright Law Saner

Refresher

  • The DMCA changed copyright dramatically
  • Only the Eldred case has tested the DMCA in the Supreme Court. At least one other case (MPAA v. 2600) was tested in federal court. Most of the components of the DMCA have not (yet) been seriously challenged in the federal courts.
  • Further legislation, especially PATRIOT, has served to stiffen the penalties for copyright violation and enhance monitoring and other law enforcement activities.

Contemporary Events

  • The 3-year schedule of anti-circumvention exemptions is happening right now at the LoC. See http://www.copyright.gov/1201/. The text of 1201 is online at Cornell, as well as other places
  • The recently enacted TEACH legislation provides exemptions and clarification on fair use of copyrighted materials for (distance) education

Even more Contemporary

  • Today, March 31, the FCC is holding a hearing at Duke Law. See the agenda. The theme is whether further consolidation of media ownership (as started by the Telecommunications Act of 1996) should be allowed.
  • gbn's comments, submitted via the FCC's comment filing system:
    Community- and locally-owned media are the lifeblood of social, political, entertainment and political lives of communities of all sizes. Increased consolidation of media ownership has already served to homogenize communities, at the expense of locally pertinent news and views. It's critical to encourage the development of locally owned and locally operated media outlets, and to resist commerce-based desires of conglomerates to expand. The role of the media in our modern democracy cannot be overemphasized, and allowing media owners to own more would be perilous for the media's role to foster critical and aware viewpoints. Please do not enable further consolidation of media ownership.

First ... Back ... Next ... Last ... (Notes home)

UNC SILS
Prof. Greg Newby