The last time Congress made a major revision to the Copyright Act, "the more advanced 8-track tape was pushing aside the less advanced reel-to-reel tapes in the audio marketplace," Representative Bob Goodlatte (R-Virginia) said during a speech in April at the Library of Congress. That was 1976—before the Internet and electronic books, and before music and software pirating were big business. Goodlatte, the new chairman of the House Judiciary Committee, also announced in April that he would hold a series of hearings over a period of several months on U.S. copyright law, and he welcomed interested parties to submit their views. "The Internet has enabled copyright owners to make available their works to consumers around the world, but has also enabled others to do so without any compensation for copyright owners," Goodlatte said. "There are concerns about statutory license and damage mechanisms. Federal judges are forced to make decisions using laws that are difficult to apply today."We asked Washington copyright attorneys to tell us what they expect from this push for reform.Excerpts follow.
Kenneth Kaufman
Manatt, Phelps & Phillips
In an ideal world, Congress could decide key issues that have arisen in efforts to apply the current law to an era in which copyrighted works are created and distributed digitally (sometimes resulting in conflicting court decisions). These range from confirming the scope of the reproduction and public performance rights and of the DMCA safe harbor, to clarifying questions regarding copyright terminations and considering the role of compulsory licenses in the digital age.
