Friday, April 02, 2021

Copyright Office sets dates for comments on CASE Act Implementation: April 26 and May 10, 2021

MadisonBuildingLOC

 

The United States Copyright Office has posted a Newsnet notice, #888, on Friday, March 26, 2021, requesting comments on how the Copyright Claims Board, to be set up by the Copyright Office should administer its authority to settle copyright claims out of court, under the CASE Act. The initial comments must be submitted by Monday, April 26, 2021 at 11:59 PM.  A second series of reply comments must be submitted two weeks later, Monday May 10, 2021, by 11:50 PM.  I wish I had checked this link a week ago, or I would have posted this information sooner. 

The Newsnet article gives a link to a second article, here. The actual form is here

One of the largest concerns will be the risk of attracting “copyright trolls”, who might be poised to pounce with some sort of automated process once the Claims Board finally opens.  From the period of about 2008-2011, there was a notorious troll called Righthaven, which has been covered here on this blog.  It mainly worked for smaller newspapers (one of them in Las Vegas) which feared (somewhat legitimately) losing revenue when bloggers or other entities copied their stories and photographs, but some entities were sued for very small “infractions” that might well have been Fair Use.

I would think that the Board should require that a litigant actually have “commercial viability” for use of the intellectual property it claims was misused.  That’s a term YouTube invented in late 2019 for its Terms of Service change, but it could be useful here.  That is, it should not accept a claim from an entity which “purchased” the item just to sue.  We know that in the patent world, this sort of trolling (leading to shakedowns and extortion sometimes) is a terrible problem, as Electronic Frontier Foundation often documents with its “stupid patent of the month”. Learn from that example. 

 EFF has hinted before that implementation of the Board will probably be complete by very early 2022.  But it could be sooner. 

Please look at Leonard French’s video Dec. 7, 2020 video, “The End of Copyright: The CASE Act Is Back”.

On Jan 9, 2021, FuddBusters put up a video regarding Copyright and 3D Printing.

Wikipedia embed for picture of Copyright Office on Independence Ave and 1 ST SE, near the Capitol.  The Copyright Office has been part of the Library of Congress (across Independence Ave., next to the Supreme Court) since 1870. 

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