Dept. Of Commerce Supports A Performance Royalty
August 1, 2013 at 4:03 AM (PT)
The U.S. DEPARTMENT OF COMMERCE has released a green paper on Copyright Policy, Creativity, and Innovation in the Digital Economy that puts them right back into the debate over performance royalties.
The Green Paper discusses the goals of "maintaining an appropriate balance between rights and exceptions as the law continues to be updated; ensuring that copyright can be meaningfully enforced on the Internet; and furthering the development of an efficient online marketplace."
The Green Paper reiterates the Administration’s support "for legislation creating a public performance right for the broadcasting of sound recordings and enabling prosecutors to seek felony penalties for unauthorized streaming to the public." It supports congressional or regulatory attention to determine how best to rationalize rate-setting standards for different types of music services; reform music licensing, particularly the mechanical license for musical compositions; and ensure consumers can unlock their cell phones, subject to applicable service agreements.
"Copyright law strikes a number of important balances in delineating what is protectable and what is not, determining what uses are permitted without a license, and establishing appropriate enforcement mechanisms to combat piracy, so that all stakeholders benefit from the protection afforded by copyright," said U.S. Secretary of Commerce PENNY PRITZKER. "Ensuring that our copyright policy provides incentives for creativity while promoting innovation on the Internet is a critical and challenging task. The Green Paper released today is an important step toward ensuring that the United States’ creative industries continue to have a substantial impact on strengthening our nation’s economy."
In the Green Paper, the IPTF proposes the following actions:
* Establishing a multistakeholder dialogue on improving the operation of the notice and takedown system under the Digital Millennium Copyright Act (DMCA).
* Soliciting public comment and convening roundtables on:
- The legal framework for the creation of remixes;
- The relevance and scope of the first sale doctrine in the digital environment;
- The application of statutory damages in the context of individual file-sharers and secondary liability for large-scale online infringement;
- The appropriate role for the government, if any, to help improve the online licensing environment, including access to comprehensive public and private databases of rights information.
"Copyright protection is a foundation for creative services and products that drive a significant part of the U.S. economy," said Acting Under Secretary for Intellectual Property and Acting USPTO Dir. TERESA STANEK REA. "The Internet must continue to support a legitimate market for copyrighted works as well as provide a platform for innovation and the introduction of new and dynamic services that drive digital commerce."
"We see a digital future in which the relationship among digital technology, the Internet, and creative industries becomes increasingly symbiotic," added Assistant Secretary of Commerce for Communications and Information and NTIA Administrator LAWRENCE E. STRICKLING. "In this digital future, the rights of creators and copyright owners are appropriately protected; creative industries continue to make their substantial contributions to the nation’s economic competitiveness; online service providers continue to expand the variety and quality of their offerings; technological innovation continues to thrive; and consumers have access to the broadest possible range of creative content."