Posts Tagged: "Senate IP Subcommittee"

Washington Insiders Say Farewell to 2020 and Look Ahead to 2021

As we thankfully see 2020 fading into the rear-view mirror and all look forward to a hopefully much better 2021, we want to take a moment to reflect on what the past year brought us and how the stage is set for another very fluid and consequential year for intellectual property policy. In times like these, it is clear that leadership matters more than ever. During some of the most challenging times our country has faced, there were a number of places where we saw strong leadership result in tangible progress. This year has already shown us a dramatic first few days. Beyond the tragic events in the U.S. Capitol, we saw the somewhat unexpected shift of power in the Senate to Democratic control based on the election of both Rev. Raphael Warnock and John Ossoff in Georgia. It is clear that the new Congress and the new Biden Administration will face huge challenges before we approach anything close to “normal” in any sense. That said, when it comes to IP, what can we expect?

Senator Tillis Releases Draft Bill to Modernize the Digital Millennium Copyright Act

Senator Thom Tillis (R-NC), the Chair of the Senate Judiciary Committee’s Subcommittee on Intellectual Property released a discussion draft copyright reform bill titled the ‘Digital Copyright Act of 2021’ (the discussion draft). The discussion draft, which is intended to bring revolutionary changes to online copyright law, was developed based on recommendations in six hearings of the Subcommittee on Intellectual Property focused on reforming copyright law in the digital environment, two staff briefings, and four extensive Copyright Office studies. This proposed DMCA reform was released in order to solicit comments from stakeholders and other interested parties.

How the 2020 Congressional Election Results Will Impact IP

Three days out from Election Day, 2020, there are still many votes left to be counted, but as of the time of publication, it seems Joe Biden is likely to take the U.S. Presidency. IPWatchdog explored what a Biden presidency might mean for intellectual property (IP) yesterday, but there were also important wins in the Senate and House that are worth noting. Overall, the key U.S. Senators and Congress members who have been most active on IP issues in recent years seem to have retained their seats, and leadership of the IP Subcommittees remains intact. How a new administration will change the makeup of these subcommittees and whether potential new leadership in the House following the Democrats’ failure to make the gains they’d hoped they would remain open questions.

Senate IP Subcommittee Continues Search for Balance on Potential Copyright Reforms

On September 16, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing titled “Are Reforms to Section 1201 Needed and Warranted?”, which continued the Subcommittee’s year-long series of hearings on the Digital Millennium Copyright Act (DMCA). Chairman Thom Tillis (D-NC) began by explaining that section 1201 was Enacted in 1998 as part of the DMCA to protect against the circumvention of technological protection measures used by copyright owners to prevent unauthorized access to or use of their works, but the “tradeoff has been that consumers have to worry about violating section 1201 when they repair their devices…whether farm equipment, or cars or iPads that happen to rely on software for their operation.” Tillis said Congress needs to ensure that the “correct balance is still being struck.”

Startup and User Reps Square Off with Independent Creators in Panel Two of DMCA Hearing

Earlier this week, the Senate IP Subcommittee met to hear from two panels of witnesses about whether and how to reform the Digital Millennium Copyright Act for the 21st Century. In the first panel, representatives for big tech and academia were juxtaposed with successful artist Don Henley of the Eagles and prolific author and Authors Guild President Douglas Preston—with tech arguing that changes to the DMCA to strengthen copyright protections would cripple the internet as we know it, and Henley and Preston painting a grim future for musicians and authors if the system is not significantly overhauled. The second panel was divided along similar lines.