National Law Journal Interviews Manatt Partner on Possible Copyright Revision
"Open to Copyright Reform?"
National Law Journal
May 6, 2013 - The National Law Journal turned to Manatt's Kenneth Kaufman, a partner in the firm's Entertainment Practice, for insight into Representative Bob Goodlatte's push to revise copyright laws.
The National Law Journal reports that Goodlatte, the new chairman of the House Judiciary Committee, recently announced that he would hold a series of hearings on U.S. copyright law in the coming months and welcomed interested parties to submit their views. During a speech last month at the Library of Congress, he noted that Congress hasn't made a major revision to the Copyright Act since 1976 - before the Internet, electronic books, and before music and software pirating became big business. These technologies have ushered in complex and unsettled legal issues that affect the public at large.
Kaufman told the publication that the last major amendments to the Copyright Act since the 1976 revision were enacted in October 1998, and were the result of a series of negotiations and compromises over several years among the affected interest groups. Less than a year later, Napster burst on the scene.
"I commend Chairman Goodlatte for undertaking a fresh review of the copyright law at this time," said Kaufman. "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."
He added, "It will be more difficult than 15 years ago, however, for the affected interest groups to forge compromises on the key issues, since there are more stakeholders, and greater differences among their positions, than there were in 1998."