As you know A2IM’s Board of Directors, while very supportive of the preservation of America’s rich musical heritage across all musical genres, is opposed to any proposed Orphan Work’s legislation which could encourage infringements including mass digitizations. Earlier this year A2IM filed our comments with the Library of Congress Copyright Office on this issue, representing small and medium sized creator businesses. Unfortunately a number of “copyleft” organizations used this comment filing period to use it to propose anti-copyright reform, including positions that copyright lasts too long so its duration is at the root of the orphan works problem, advocating that statutory damages are too high and advocating to reinstate the registration and notice requirement. For the reply comment period the Copyright Alliance, of which A2IM is a proud member, on everyone’s behalf filed response comments challenging those positions for which we thank them.
Legislation
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“Orphan Works” are defined in the negative—a work is “orphaned” when an “infringer” can’t find the copyright owner after a “good faith” and “reasonably diligent” search for same in accordance with “best practices” that have yet to be established for this law. (“Infringer” is what the new user has been called in previously proposed legislation. A2IM, as representatives of small and medium sized music creator businesses who do not have the resources to monitor infringements, had previously advocated against Orphan Works legislation going back to 2008, see our A2IM position statement, and A2IM also has participated in a Small Business Administration Roundtable on the issue. A2IM’s board supports the need for preservation and archiving of the rich, diverse music created by our members and the goal that this music is made available. However the A2IM board remains opposed to any Orphan Works legislation which would potentially undercut a copyright owner’s right to protect the Intellectual Property they create and invest in and also oppose any proposal to allow the mass digitization of such music. The full A2IM Copyright Office filing is HERE.
From Forbes contributing writer Scott Cleland comes this very reasoned look at the anti-piracy bills currently making their way through Congress and his belief as to why they’re likely to pass in 2012. Says Mr. Cleland in his piece, “While the anti-IP forces have disproportionate clout with social media, tech-oriented media, and the blogosphere, to create the perception of significant opposition to this legislation, their “chicken little – sky is falling” rhetoric has not gained traction because it is fact-challenged and way out of the mainstream, because America’s Constitution, economy, culture and success are predicated on enforceable property rights.” To read the full article click HERE.
To update you on an important piece of legislation that A2IM has supported and been keeping you informed about, we are pleased to report that California Governor Jerry Brown signed into law SB 550 that will help California law enforcement fight the growing problem of illegal mass reproduction of music and movies. As we’ve previously noted, A2IM had written to Governor Brown on behalf of our independent music label community in support of SB 550. We thank Governor Brown, Senator Padilla and all the members of the California legislatures for their support of this important anti-piracy legislation. To read more about SB 550 and its importance click HERE.
Posted in Advocacy, News by A2IM
We have been reporting to you on the proposed SB 550 (Padilla) legislation which is directed toward reducing the manufacturing of counterfeit CD’s in California, which are then distributed across the United States. The proposed legislation has passed the California Senate by a vote of 36-3 and the California Assembly by a vote of 56-18 after the Assembly Appropriations Committee found the proposed legislation to have no significant fiscal impact. A2IM wrote to Governor Brown last week in support of SB 550 and are hopeful that when it comes to the Governor’s desk it will be signed into law.
Posted in Advocacy, News by A2IM
In May 2011, A2IM wrote to the California State Senate in support of the proposed SB 550 (Padilla) legislation which is directed toward reducing the manufacturing of counterfeit CD’s in California, which counterfeited CD’s are distributed across the United States.
Read full story plus A2IM’s letter HERE
UPDATE: On May 31st, 2011, the legislation passed the State Senate by a vote of 33-6. The Legislation then moved to the California State Assembly and A2IM sent, via lobbyists, key committee chair people of that legislative body letters in advance of the July 5th hearings, example here.
The SB 550 (Padilla, re: replicators) was unanimously (7-0) approved by the Assembly Public Safety Committee yesterday, (July 5th) as well last Tues (6/28) by the Assembly Business & Professions Committee (8-0). The next step, which will happen after a recess of about a month, is a vote by the Appropriations Committee and then the full Assembly before it is, hopefully, signed by the Governor.
A2IM will continue to keep you posted.
