US leadership in the global copyright debates – the Green Paper on Copyright 2013/2014

von Thomas Hoeren

Deliberately written in English: Just visiting Stanford Law School I get into contact with the present US discussion on a new Copyright Act. The US Department of Commerce installed in 2013 a Internet Policy Task Force (Task Force) which released in July 2013 a Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy (Green Paper).[1] The Green Paper identified the following topics on which the Department would conduct more work:

  • the legal framework for the creation of remixes;
  • the relevance and scope of the first sale doctrine in the digital environment;
  • the appropriate calibration of statutory damages, in the contexts of individual file sharers and of secondary liability for large-scale online infringement;
  • improving the operation of the Digital Millennium Copyright Act’s (DMCA) notice and takedown system; and
  • how the government can facilitate the further development of a robust online licensing environment.

The Paper was discussed in several workshops until July 2014 (I had the chance to listen to one of these sessions).

I don´t want to discuss all the items mentioned in the Paper. However, one sentence in the paper astonished me: “We hope the issues and findings discussed in this paper can serve as (… ) a beacon for U.S. leadership in the global copyright debates” (p. IV) ...

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