Copyright Documents

This letter is also available in PDF format.

September 10, 2008

Senator _____
United States Senate
Committee on the Judiciary

Dear Senator,

The undersigned groups write to express our concerns with S. 3325, the Enforcement of Intellectual Property Rights Act of 2008, soon to be marked up in the Committee on the Judiciary. While enforcing IP rights is necessary to ensuring the progress of science and the useful arts, an unbalanced approach to enforcement would lead to unintended harms and impede that progress. Several of the provisions contained within S. 3325 threaten such an imbalance.

These comments are also available in PDF format.

Before the

UNITED STATES COPYRIGHT OFFICE
LIBRARY OF CONGRESS
Washington, D.C.

In the Matter of Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries

Docket No. RM 2000-7

Comments of the Electronic Frontier Foundation, Public Knowledge, Center for Democracy and Technology, Consumers Union, Consumer Federation of America, U.S. PIRG, and the Computer & Communications Industry Association

The Electronic Frontier Foundation (EFF), Public Knowledge, Center for Democracy and Technology (CDT), Consumers Union (CU), Consumer Federation of America, U.S. Public Interest Research Group (U.S. PIRG), and the Computer & Communications Industry Association (CCIA) (collectively the “Public Interest Commenters”) submit the following comments in response to the Copyright Office’s Notice of Proposed Rulemaking (NPRM) published at 73 Fed. Reg. 40802 (July 16, 2008).

This speech is also available in PDF format.

By Gigi Sohn
Presented to the EDUCAUSE/Cornell
Institute for Computer Policy and Law
August 12, 2008

Thank you Steve. It’s a pleasure to be back at the Institute again. I want to thank Steve and Tracy for inviting me, and especially want to point out what a valuable partner EDUCAUSE is in the policy battles that Public Knowledge fights every day.

Almost exactly a year ago, I came here to give the Institute participants an overview of some of the key Information Technology policy issues being debated in Washington at the time.

This statement is also available in PDF format.

Statement of Public Knowledge

Committee on the Judiciary
United States Senate

Hearing on:
“Music and Radio in the 21st Century: Assuring Fair Rates and Rules across Platforms”

July 29, 2008

Chairman Leahy, Ranking Member Specter, Senator Feinstein and Members of the Committee:

Thank you for the opportunity to submit Public Knowledge’s statement for the record on the issue of bringing music performance licensing into the digital age.

Public Knowledge is a public interest group devoted to protecting consumers’ and users’ digital rights and ensuring a vibrant creative culture for their benefit. Internet radio promises a cornucopia of variety and innovation to users if it is allowed to flourish. To this end, webcasting and other digital audio services should be allowed to provide music to users without undue licensing burdens and unhampered by government-mandated digital locks.

Unfortunately, current law falls short of providing this necessary environment, and some proposed changes, such as aspects of S. 256, the PERFORM Act, may in fact worsen the situation. However, there are also proposals, such as S. 1353, the Internet Radio Equality Act, that might help to address the inequality in the royalty rates paid by webcasters.

This document is available in PDF format.

The Electronic Frontier Foundation (“EFF”), Public Knowledge, the United States Internet Industry Association (“USIIA”), and the Computer & Communications Industry Association (“CCIA”) file this brief as amici curiae in support of Defendant Jammie Thomas to address an issue whose importance reaches well beyond this case: the proper scope of the exclusive right of distribution as defined in section 106(3) of the Copyright Act, 17 U.S.C. § 106(3).

This document is also available in PDF format.

Before the
OFFICE OF THE UNITED STATE TRADE REPRESENTATIVE
WASHINGTON, D.C. 20508

In the matter of:
Anti-Counterfeiting Trade Agreement (ACTA)

COMMENTS OF PUBLIC KNOWLEDGE

Rashmi Rangnath
Sherwin Siy
Michael Weinberg, Law Clerk

Public Knowledge
1875 Connecticut Ave., NW
Suite 650
Washington, D.C. 20009
(202) 518-0020

Dated: March 21, 2008

COMMENTS OF PUBLIC KNOWLEDGE

Public Knowledge submits these comments in response to the request for written submissions published in the Federal Register of February 15, 2008.

This statement is also available in PDF Format

Before the
COMMISSION OF THE EUROPEAN COMMUNITIES

In the Matter of
Communication on Creative Content Online in the Single Market

COM(2007) 836

COMMENTS OF PUBLIC KNOWLEDGE

Introduction

Public Knowledge submits these comments in reference to the Communication on Creative Content Online in the Single Market dated January 3, 2008. In that Communication, the Commission requested comments on eleven separate issues. Here, Public Knowledge limits its comments to issues 10 and 11, regarding measures to limit piracy, either according to the model of the French Memorandum of Understanding (MOU), or via filtering technologies. Public Knowledge believes that neither of these models is an effective means of combating piracy, and that each will result in negative unintended consequences for a large number of lawful users of the Internet.

This document is also available in PDF format.

Oral Testimony of Gigi B. Sohn
President, Public Knowledge

Before the
U.S. House of Representatives
Committee on the Judiciary
Antitrust Task Force

Hearing on: “Competition and the Future of Digital Music”

February 28, 2007

Thank you Chairman Conyers, Ranking Member Smith and other members of the Task Force for inviting me to discuss the merger of XM and Sirius Satellite Radio.

The proposed merger presents a dilemma for public interest advocates. On one hand, the only two providers of satellite radio services, which have vigorously competed for the past five years, are seeking to consolidate, raising questions about the impact on prices and choice for consumers. On the other hand, this vigorous competition has led to a spending war for new and better programming, leaving both competitors weakened in a world where Internet radio, broadcast and HD radio, cable radio and other multi-channel music, entertainment and information services have become increasingly popular.

But regardless of the financial woes of the companies and any change in the market structure, the salient question is this: will consumers be better off? I believe that if the merger passes antitrust scrutiny, consumers will be better off if the merger is approved subject to conditions that protect consumer choice, promote diverse programming and keep prices in check.

This document is also available in PDF format.

Testimony of Gigi B. Sohn
President, Public Knowledge

Before the
U.S. House of Representatives
Committee on the Judiciary
Antitrust Task Force

Hearing on: “Competition and the Future of Digital Music”

February 28, 2007

Chairman Conyers, Ranking Member Smith and other members of the Committee, my name is Gigi B. Sohn. I am the President of Public Knowledge, a nonprofit public interest organization that addresses the public’s stake in the convergence of communications policy and intellectual property law. I want to thank the Committee for inviting me to testify on the proposed merger of XM Satellite Radio and Sirius Satellite Radio.

Letter from The Local Radio Internet Coalition, a group of prominent broadcast companies, to the Senate Judiciary Committee requesting delay in the markup of S. 2644, the Platform Equality and Remedies for Rights Holders in Music (PERFORM) Act of 2006.

A full copy of the letter is available here (PDF).