Posts Tagged: "American Law Institute"

Beware the Shadow Statute: ALI’s Copyright Restatement Project is Quite the Fright

American creators know how to celebrate Halloween: Whether they’re writing a mystery novel, shooting a horror movie, or painting a calavera, they’re a huge part of the season. Unfortunately, this year, there’s a monster lurking that creators didn’t manufacture: The American Law Institute’s (ALI’s) Copyright Restatement Project. The ALI is an independent organization that produces and publishes academic papers, including “Restatements of Law”—papers on legal subjects that judges and lawyers can use as guidance. Most of the time, ALI’s restatements help advance uniformity and certainty in the court system. But their Copyright Restatement Project is a step in the wrong direction. In fact, it’s a step into a graveyard of killer consequences.

Frank W. Cullen Jr.

October 7, 2021

Scholars, Register of Copyrights Reinforce Opposition to American Law Institute’s Restatement of Copyright Project

The American Law Institute (ALI) is under fire this week for its Restatement of Copyright Law project, which it was set to vote on during its Annual Meeting this week. According to the Copyright Alliance, ALI members on June 8 approved many sections that will make up the first three chapters of the Restatement. In 2019, members of Congress sent a letter expressing serious concerns over the project. Senator Thom Tillis (R-NC) and Representatives Ben Cline (R-VA), Martha Roby (R-AL), Theodore Deutch (R-FL) and Harley Rouda (D-CA) sent a letter to ALI stating that laws created through federal statute like copyright are “ill-suited for treatment in a Restatement” and threaten to muddle the law. The U.S. Copyright Office, the American Bar Association (IP Law Section) and the U.S. Patent and Trademark Office raised similar concerns.

Eileen McDermott

June 11, 2021