It’s a new year, and the world is split between those who call it “two thousand nineteen” and those who say “twenty nineteen.” What can we expect in U.S. copyright law and policy over the next twelve months? Let’s take a look.
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Among the first set of issues that the Committee might take up this year is copyright small claims. Last session, Reps. Hakeem Jeffries (D-NY) and Tom Marino (R-PA) introduced the Copyright Alternatives in Small Claims Enforcement (CASE) Act, which would have created a streamlined tribunal for hearing small copyright claims based off recommendations made by the US Copyright Office in its 2013 report on small copyright claims. The Committee held a hearing on the bill just this past September, with a number of members indicating support for moving the bill forward.
We may also see a bill addressing resale royalty rights. A resale royalty provides visual and fine artists—who often rely primarily on income from the sale of their individual works rather than licensing their exclusive rights provided through copyright—with the opportunity to capture a percentage of the proceeds when their works are resold through art auctions. Although there have been a number of resale royalty right bills introduced in previous Congressional sessions that never advanced, there are at least two indications of greater momentum this session: first, the issue’s biggest supporter, Chairman Nadler, is now in charge of the Committee, and second, the most recent bill, the American Royalties Too Act of 2018, was introduced in both the House and Senate by Judiciary Committee leaders, giving it a higher stature than previous versions of the bill.
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At the end of this month, the [U.S. Patent and Trademark Office] has scheduled a conference on the intellectual property considerations of artificial intelligence. The topics to be discussed include “the copyright implications when AI is used to create new works or when copyrighted works are used to ‘train’ artificial intelligence systems.”
Link to the rest at Copyhype