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United States Government Patents Technology Your Rights Online

Modernizing the Copyright Office 49

An anonymous reader writes: Joshua Simmons has written a new article discussing the growing consensus that it is time to modernize the Copyright Office. It reviews the developments that led to the last major revision of the Copyright Act; discusses Congress's focus since 1976 on narrower copyright bills, rather than a wholesale revision of U.S. copyright law, and the developments that have led to the review hearings; and considers the growing focus on Copyright Office modernization.
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Modernizing the Copyright Office

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  • Just roll it back to its original 17 years. I want my Steamboat Willie!

    • Re:Pfft! (Score:5, Informative)

      by Anon-Admin ( 443764 ) on Sunday July 26, 2015 @12:27PM (#50185337) Journal

      Roll it to 17 years, with no renewal.
      Toss the automatic copyright and go back to requiring registration to get the copyright.
      Require all software applying for copyright protection include all source code!
      When copyright runs out on software, it is the source code and the compiled work that gets released to the Public Domain.
      Take anything over 25 years old and make it public domain.
      Require any court cases dealing with violation of copyright to have the plaintiff pay all legal fees should the case be found for the diffident.

      • I wish... but the issue simply isn't important enough to enough people to make a difference.

      • Require any court cases dealing with violation of copyright to have the plaintiff pay all legal fees should the case be found for the diffident.

        Whoops! That no. The little guys would get screwed by that in a hurry. Deep pockets would win that every time.

    • Re: (Score:3, Insightful)

      by Anonymous Coward

      Roll it back to 60 years after the publication date, with no provision for the life of the author, which is somewhat less generous to authors than the original Copyright Act of 1976. As a practical matter (in order to pass Congress) there would have to be a transition period of about 10 years to give owners of works that are losing protection a last chance to make gobs of money from their properties.

      At the risk of sounding like Bill Gates, 60 years ought to be enough for anybody. (Without the transition p

  • They should take into account that copyright is assigned automatically under the Berne Convention and any registration functions the Copyright Office performs are redundant. Even in cases of legal dispute, the first person to have registered the copyright on a particular work might not have been the first person to actually create it, so it's of limited value there too.

  • Underfunded, antiquated infrastructure, politicized bureaucracy. Yea, that's something everyone can agree needs to be fixed. Wait, what part of the executive branch are we talking about?
  • The copyright office in the U.S. recently raised its prices for copyright registration enormously. If you submit 2 short articles, that is a now called a "compilation", and the price is raised from $35 to $55, even though the total may be only 2 or 3 pages.

    Also, the U.S. Copyright Office [copyright.gov] takes months to respond, makes frequent mistakes, and has a web site that is in some ways poorly written.

    Can you recommend a copyright office in another country?
  • We can't modernize the copyright office, because the modern office is copyrighted.
  • Folks: the Copyright Office has no enforcement powers. All it is is a repository for registrations of claims of copyrights. Modernizing the copyright office is like modernizing the drivers license division of a state: it doesn't affect who is allowed to drive (assuming that it performs competently either way.) It is not the DL division that enforces the driving laws, it is the police and the courts. Same thing for the Copyright Office; a registration improves a plaintiff's claim, but that claim still has to

    • The takings clause of the Fifth Amendment to the Constitution would require that everyone who had a shortened copyright would have to be compensated justly, and that would clog up the courts beyond imagination.

      It would seem to me that, this being the case, the Government would also have to compensate everyone effected by the retroactive extension of copyright terms.

  • Copyright needs to expire much earlier. Whoever creates content should have her or his creative investment protected, but that's it. Not their heirs and the heirs of their heirs or some company that exists only as a PO box in the Bermudas who holds copyrights for gazillion things and employs an army of sleazy lawyers. And while we are at it, have patents expire much earlier as well. It works for healthcare, after a few years of cashing in generics are allowed and drive down the price.

I tell them to turn to the study of mathematics, for it is only there that they might escape the lusts of the flesh. -- Thomas Mann, "The Magic Mountain"

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