Jonathan Kantrowitz

A group of leading experts on copyright law and policy has released a new report that explores meaningful reforms to the U.S. copyright system. Crafted over three years by a group of legal academics, private practitioners, and corporate attorneys, the report examines several ways to improve and update the law in an era of rapid technological change.

The Copyright Principles Project: Directions for Reform (CPP) report attempts to ignite an informed debate about how to best balance the interests of copyright owners and users.

U.S. Copyright law, originally drafted in the 1960s, was conceived decades before widespread use of the Internet, Web, and global digital networks. At that time, there was no reason for ordinary people to care much about copyright law. However, today, virtually everyone online interacts with copyrighted works, whether downloading photos or songs from the Web, forwarding news articles to friends, place-shifting music collections, or linking to favorite websites.

Advances in technology have not only vastly expanded access to authors’ works, but it has also brought new stakeholders into the copyright arena. Millions of ordinary citizens now publish and distribute material with the click of a mouse, making it easier to become copyright creators and publishers.

One of the project’s ideas would provide non-commercial uses of copyrighted works better shelter from liability, particularly as users lift parts of existing works to create new ones. The report also suggests a more efficient and technologically-driven approach to copyright registration, so that works can be freely reused if their authors agree.

Copyright law reform has been a challenging issue for stakeholders, many of whom have starkly different ideas about how to balance public and private interests. To its credit, the project team explored controversial subjects openly and with vigorous debate. In cases where the participants could not settle on a specific reform proposal, they were able to draft guiding principles for future reform efforts.

One common problem the report addresses is peer-to-peer file-sharing of commercial movies and music. Although some file-sharing services have been shut down, the illegal practice has not abated. The report suggests the creation of a “safe harbor” to protect online service providers from excessive damage claims if they take reasonable, voluntary, measures to limit file-sharing—or other unlawful distributions of commercial works. Companies that comply would be shielded from liability for user infringements.

The report also suggests development of reasonable and consistent statutory guidelines for damage awards. Current law allows courts to award between $750 and $30,000 in damages per infringed work—and up to $150,000 per work if the infringement is willful. This has led to awards that seem arbitrary and capricious, inconsistent with awards in similar cases, and grossly excessive or disproportionate.

Other ideas include:

Modernize the Copyright Office: Instead of one registry for all copyrighted works, the office could certify third-party registries for different types of works, such as photos, films, and computer programs. The model is akin to the domain name registration system. Other suggestions include adopting a small claims procedure for small-scale disputes.

Reinvigorate copyright registration: Encourage copyright owners to register so that it’s simple to find out who owns what. The idea is to make registration easy and worthwhile for copyright owners so that the public can have better information about protected works and their owners.

Refine exclusive rights for authors: Weigh commercial value and risk of harm to copyright markets when determining whether someone’s exclusive right has been infringed; this shields non-harmful activity from the threat of highly punitive copyright claims.

Revise the common practice of automatic injunctions: Courts could consider whether a preliminary or permanent injunction is needed to prevent irreparable harm, as well as whether having access to the work is in the public’s best interest.

Limit Orphan Works liability: Enable libraries and others to preserve a part of our cultural heritage by using copyrighted materials whose owners cannot readily be found.

She’s not even sure she supports having a minimum wage at all

Republican Linda McMahon said she believed Congress should consider lowering the federal minimum wage.

When asked directly if she supports having a federal minimum wage at all, McMahon refused to answer. McMahon went on to say that she doesn’t know if any of her employees at WWE are paid the minimum wage, and according to the CT News Junkie, “admitted she didn’t know what the current minimum wage is.”

Didn’t raise the $75,000 from voters it takes to qualify for the program

Although he originally stated his intention to run his campaign for Comptroller through the Citizens Election Program (CEP), less than four months later, Jack Orchulli has reneged on that decision and will likely self-finance using his personal millions. In 2004, when Orchulli ran for U.S. Senate against Chris Dodd, he spent more than $1.3 million of his own money and was unable to raise more than $63,000 from individuals contributors. He lost by a nearly 2-to-1 margin.

Democratic candidate Kevin Lembo is a first-time candidate and a self-professed policy wonk, yet he was able to talk to people in small venues across the state and ask for their support.

Kevin Lembo raised more than $75,000 from over 1,300 donors across the state. Contributors gave a range of donations from $5 to $100 under the CEP limits and include full-time parents, doctors, firefighters, nurses and non-profit professionals.

A good friend of mine, Milford businesswoman Tessa Marquis was presented with an Ella Grasso Women in Leadership Award today. According to an email from the Connecticut Democratic Party, “The women honored at this annual event have been nominated by their local communities and have demonstrated hard work and a commitment to the ideals of the Democratic Party. These are the women who have worked tirelessly, from phone banking and fundraising to campaign management and poll-sitting; the behind-the-scenes organizers who are the backbone of our Party.”

“Luckily, when they say ‘poll-sitting’ they are referring to standing at the voting polls on election day – and not ‘pole-sitting’ which is much more precarious,” quipped Marquis.

On a more serious note Marquis went on to say that she has only been active in the Democratic Party for about 6 years and encourages people to join her in assisting good people to win political office. “Sometimes you lose, and that means nobody heard you, but sometimes you win and that is tremendous!”

Two women were selected from the 3rd Congressional District: Bonnie Reynolds of Stratford and Tessa Marquis of Milford, who happened to have worked closely together on several campaigns in Stratford since 2006.

Marquis is Project Coordinator and Vice President at Milford-based training and consulting firm New Standard Institute. “We work on maintenance skills and knowledge transfer with Manufacturers throughout the world, but the Milford Democratic Party is what keeps us really busy,” says Marquis.

Tessa Marquis is a former member of the Milford Chamber of Commerce Board of Directors, former Commissioner on the Economic Development Commission, and is active as a volunteer with NARAL Pro-Choice Connecticut, Planned Parenthood of Southern New England, and supporter of the TransAlliance of CT, Get In Touch Foundation, Domestic Violence of New Haven, and many other organizations. She is currently working on the elections of Dan Malloy for Governor, Nancy Wyman for Lt. Governor, Kevin Lembo for Comptroller, Richard Blumenthal for US Senate, Denise Merrill for Secretary of the State, and Kim Rose for State Representatives. She is also working on the November 2nd re-elections of Denise Nappier for Treasurer, State Representatives Paul Davis and Richard Roy, State Senator, Gayle Slossberg, and Judge Beverley Strait-Kefalas.

Bill will help to address unfair foreign currency manipulation

Congresswoman Rosa DeLauro (CT-3) released the following statement today praising the passage of the Currency Reform for Fair Trade Act in the House of Representatives.

This bill will give the Administration the tools to fight unfair trade practices that have caused the loss of American manufacturing jobs. As seen with China recently, whose intervention in international markets caused its currency to become significantly undervalued and their exports much cheaper and desirable, this unfair trade practice could jeopardize efforts to create and preserve American manufacturing jobs. China’s unfair trade practices’ negative impact on the U.S. economy is undeniable, with an estimated 2.4 million American jobs being lost or displaced as a result of our massive trade deficit, including 27,500 in Connecticut.

Part of the Democrats’ “Make It In America” initiative to support American manufacturing, promote competitiveness, and create new American jobs, the Currency Reform for Fair Trade Act will enable the Administration to measure foreign subsidies and to impose tariffs to offset the effects of “fundamentally undervalued” currency.

“China’s currency manipulation has hurt American exports, caused the loss of American jobs, and significantly increased our already large trade deficit with this country. This legislation would give our government the ability to fight back against these unfair trade tactics, create up to a million domestic manufacturing jobs, and cut our deficit with China by an astonishing $100 billion a year. We must level the international playing field to ensure that American manufacturers can compete and lead the world economy. This is a no-brainer, and will help support American businesses, workers, and consumers while creating high-skill, high-wage jobs of the future.

Congresswoman Rosa L. DeLauro celebrated the passage late last night of the Birth Defects Prevention, Risk Reduction, and Awareness Act of 2010 in the House of Representatives.

The bill will help to provide critical information to pregnant and breast-feeding women and their health care providers about medications, chemical exposures, infections and other exposures linked to birth defects, adverse outcomes to a healthy pregnancy, or health risks to a breastfed infant through a grant program to revitalize the national network of pregnancy risk information services. Over 70,000 women per year seek information from these centers, yet over half of them have closed in the last ten fifteen years due to lack of funding. More than 90% of physicians that used these valuable services believed that they provided quality information that had a significant impact on clinical care.

“Research has shown that a staggering half of all pregnant women are not counseled by their health providers about the potential risks of medications, illnesses, and other exposures. And more than half of the centers that could provide this critical information have closed in the last fifteen years. The Birth Defects Prevention, Risk Reduction, and Awareness Act will help to change this troubling trend,” said Congresswoman DeLauro. “This legislation will provide information and education to expectant and new mothers about how best to protect their children. Nothing is more important than the safety of our children.”

Bill will educate women and raise awareness about gynecologic cancers

Congresswoman Rosa DeLauro (CT-3) celebrated the passage late last night of the Gynecologic Cancer Education and Awareness Act of 2010 by the House of Representatives. This was bipartisan effort to reauthorize Johanna’s Law, which works to educate women about the symptoms, risk factors, and prevention of gynecologic cancers such as ovarian, uterine, and cervical cancers.

Johanna’s Law, which was first passed in 2006, was named for Johanna Silver Gordon, a public school teacher and loving and beloved mother, daughter, sister, aunt and friend, who was diagnosed with late stage ovarian cancer. Despite multiple surgeries and aggressive treatment, Johanna died only 3 ½ years after her diagnosis. This bill was proposed by her sister, Sheryl Silver, to help raise awareness about the disease and educate woman and their health care providers about its symptoms, clinical signs, and risk factors.

The reauthorization of this bill will provide for a national education campaign, led by the Centers for Disease Control and Prevention, to increase the awareness and knowledge of health care providers and women with respect to gynecological cancers.

“24 years ago, I was diagnosed with ovarian cancer. I was lucky, and had excellent doctors who detected the cancer by chance in Stage 1. I underwent radiation treatment for two-and-a-half months, and I am fortunate to say that I have now been cancer-free for 24 years. I was one of the lucky ones. My life was given back to me and changed at the same time. And I know that, had my doctors not caught my cancer at its earliest stage, the final outcome might have been very, very different,” said Congresswoman DeLauro. “Better awareness is critical in fighting these diseases, as women who catch their ovarian cancer at an earlier stage are over three times more likely to survive the disease than those who do not. This bill will help to educate women, raise awareness, and ultimately, save lives.”

“My sister Johanna was a health conscious woman who visited the gynecologist regularly for pelvic exams and Pap smears. Still, she was blindsided by her ovarian cancer diagnosis,” recalled Sheryl Silver, Johanna’s sister and founder of the Alliance for Women’s Cancer Awareness. “Johanna didn’t know the persistent heartburn and abdominal bloating she experienced prior to her diagnosis were common symptoms of ovarian cancer— and lost precious time taking antacids, then waiting to see a gastroenterologist. Sadly, not knowing the symptoms of ovarian cancer led to a lengthy—ultimately lethal—delay in her diagnosis. After learning how common her story of late diagnosis was, I proposed Johanna’s Law to end the pervasive lack of public knowledge about ovarian cancer that has led to so much needless suffering and death in this country.”

“Early detection is the key to surviving gynecological cancers. By helping women and their doctors better understand the signs, symptoms and risk factors of gynecological cancers, Johanna’s law is helping to save the lives of women every day,” said American Cancer Society Cancer Action Network President Chris Hansen.

Can someone please tell Governor Rell that you’re supposed to be complimentary of people when you endorse them. It’s not supposed to be a chore.

See the difference between Rell’s endorsement of Tom Foley and her endorsement of Linda McMahon below.

http://www.nbcconnecticut.com/news/politics/Rell-Backs-Foley-McMahon-103936644.html

RELL ON HER ENDORSEMENT OF FOLEY:
I told everyone that after the primary, that I would support the candidate who won the primary. And that’s exactly what I’m doing. I support Tom Foley; in fact, I’m going to be at a fundraiser for him, I think it’s the first week of October, and I’m also doing a radio commercial for him.

RELL ON HER ENDORSEMENT OF MCMAHON:
I’m also doing one for Linda McMahon. I have to tell you, Linda, she’s really catching on. I think a lot of people are really appreciative of the hard work she’s put into this campaign, and I said yesterday I think she will make a great U.S. Senator. She’s dedicated to the people of this state, she’s hardworking, and I’m anxious to do a radio commercial for her, and we’re going to have to cut that real soon, I hope.