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October 08, 2004
Copyright Mashup in the WorksEmail This EntryPrint This Entry
Posted by Donna Wentworth

Not the kind of mashup DJ Dangermouse is famous for. The kind Congress is infamous for. Meet the proposed end-of-the term substitute for H.R. 4077 (PDF) --a.k.a., PDEA Plus.

Ernie has the scoop on what the PDEA is bad for. Below is the official summary of what the Hatch/Leahy-sponsored "PDEA Plus" comprises. And here is an action alert from the good people at Public Knowledge, warning that movement is likely "possibly today or tomorrow (yes, even Saturday!)."

Title I, the "CREATE Act" (H.R. 2391/S. 2192). This title includes the version of the CREATE Act that has passed both the House and Senate.

Title II and Title III, the "Piracy Deterrence and Education Act of 2004" (H.R. 4077). This legislation passed the House on September 28, 2004, and includes the Family Movie Act, as well as legislation substantially similar to the ART Act, S.1932. The substitute modifies the Family Movie Act with bipartisan, compromise language that has been negotiated among the cosponsors and stakeholders. The substitute also includes Section 5 of the ART Act, "Civil Remedies for Infringement of a Work being Prepared for Commercial Distribution," which directs the Register of Copyrights to create a registry of pre-release works in order to better address the problems associated with piracy of creative works before they are offered for legal distribution. Title III designates the national tree as the oak tree.

Title IV, the "Protecting Intellectual Rights Against Theft and Expropriation Act of 2004" (S. 2237). The bill passed the Senate by Unanimous Consent on June 25, 2004. The substitute makes one minor change to clarify that the civil enforcement authority created by the legislation and to be exercised by the Attorney General is to be used only in lieu of criminal prosecution.

Title, V, the "National Film Preservation Act of 2004" (based on S. 1923). The National Film Preservation Act will reauthorize a Library of Congress Program dedicated to saving rare and culturally significant films. The language in the substitute includes compromise funding levels to allow the National Film Preservation Board and the National Film Preservation Foundation to continue its important work.

Title VI, the "Preservation of Orphan Works Act" (H.R. 5136). This provision corrects a drafting error in the Sonny Bono Copyright Term Extension Act. Correction of this drafting error will allow libraries to create copies of certain copyrighted works, such as films and musical compositions that, in their last twenty years of copyright term, are no longer commercially exploited, and are not available at a reasonable price.

Title VII, the "Enhancing Federal Obscenity Reporting and Copyright Enforcement Act of 2004" (S. 1933). This measure was reported by the Judiciary Committee on May 20, 2004. The substitute language includes Section 1, Section 2, Section 3, and Section 5 of the EnFORCE Act.

Category: Laws and Regulations

Tod Weitzel on October 11, 2004 01:41 PM writes...

Title III designates the national tree as the oak tree.

One of these things does not belong...

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The good people at Public Knowledge have one-stop shopping for learning about and taking steps to oppose the copyright mashup bill that may once again be on the verge of passing. Michael Grebb @ Wired: Several lobbying camps from different industries a... [Read More]

Tracked on November 16, 2004 10:09 PM





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