|Senators Introduce Bill to Increase
Protection of Pre-Released Movies and Other Unpublished Works
11/22. Sen. John Cornyn (R-TX),
Sen. Dianne Feinstein (D-CA) and others
introduced S 1932, the "Artists' Rights and Theft Prevention Act (ART
Act)". The two Senators announced, but did not release, the bill at a press
conference on November 13. They introduced the bill on Saturday,
Statutory provisions relating to criminal copyright infringement are found in
both Title 18 (criminal code) and Title 17 (copyright act).
17 U.S.C. § 506
contains the criminal prohibition on certain acts of copyright infringement.
18 U.S.C. § 2319
provides penalties for violations of 17 U.S.C. § 506.
First, this bill would add a new Section 2319B to the criminal code
prohibiting the unauthorized recording of motion pictures in a motion picture
exhibition facility. Second, the bill would revise both 18 U.S.C. § 2319 and 17
U.S.C. § 504 to make it easier to prosecute, and obtain civil remedies for,
certain acts of copyright infringement.
Currently, Section 2319 provides, in part, that "Any person who commits an
offense under section 506(a)(1) of title 17 -- (1) shall be imprisoned not more
than 5 years, or fined in the amount set forth in this title, or both, if the
offense consists of the reproduction or distribution, including by electronic
means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or
more copyrighted works, which have a total retail value of more than $2,500". S
1932 would make it easier to prove distribution of "at least 10 copies".
(at right) and Sen. Cornyn held a press conference on November 13, 2003. Sen. Feinstein
stated that "the bill makes it easier for prosecutors to convict
individuals who put pre-released material on the Internet or for aggrieved parties to
file lawsuits. This would include songs that have not yet been released to the public,
movies still in theaters, software not yet in stores, and so on." See,
She continued that "Current law requires that a prosecutor, or plaintiff in a
civil suit, prove ten illegal downloads or $2,500 in damages. But this is
difficult to prove, and often prevents charges from being brought. This
legislation says that anyone who uploads pre-released, copyrighted material
should clearly know that it might be downloaded ten, a hundred - even millions
of times, for an incalculable cost. By removing the proof of damages requirement
from the law, we make it easier to catch and punish those individuals who are
stealing pre-released material and giving it to the public for free."
Videotaping in Movie Theaters. Section 3 of the bill would add to Title
18 a new Section 2319B, that
provides, in part, that "Whoever, without the consent of the copyright owner,
knowingly uses or attempts to use an audiovisual recording device in a motion
picture exhibition facility to transmit or make a copy of a motion picture or
other audiovisual work protected under title 17, United States Code, or any part
thereof, in a motion picture exhibition facility shall — (1) be imprisoned for
not more than 3 years, fined under this title, or both".
Criminal Infringement of a Commercial Prereleased Copyrighted Work.
Section 4 of the bill would add a new subsection to
18 U.S.C. § 2319,
which is the section of the criminal code that provides penalties for criminal
copyright infringement, as provided in
17 U.S.C. § 506.
The bill would provide that "in the case of a computer program, a
non-dramatic musical work, a motion picture or other audio-visual work, or a
sound recording protected under title 17, United States Code, that is being
prepared for commercial distribution, it shall be conclusively presumed that a
person distributed at least 10 copies or phonorecords of the work, and that such
copies or phonorecords have a total retail value of more than $2,500, if that
person -- (A) distributes such work by making it available on a computer network
accessible to members of the public who are able to reproduce the work through
such access without the express consent of the copyright owner; and (B) knew or
should have known that the work was intended for commercial distribution."
Civil Remedies for Commercial Prereleased Copyrighted Work.
Section 5 of the bill would add similar language to
17 U.S.C. § 504, which
provides remedies for copyright infringement in a civil action.
Both Section 4 and 5 of the bill also address what constitutes a work that is
prepared for commercial distribution. The copyright owner must have "a
reasonable expectation of substantial commercial distribution" and the work has
not yet been so distributed.
The movie videotaping section would create a narrow prohibition. It would
apply only to movies and other "audiovisual works", as defined in
17 U.S.C. § 101.
The expansion of the concept of distribution would only apply to a "computer
program, a non-dramatic musical work, a motion picture or other audiovisual
work, or a sound recording".
Nevertheless, while this bill, at bottom, expands
protections of unpublished works, the original underlying purpose of the
Copyright Act was to incent the creation and publication of works by protecting
Authorization for Appropriations. Finally, the bill would authorize
the appropriation to the Department of Justice (DOJ) "an additional $5,000,000
for each of fiscal years 2005, 2006, 2007, 2008, and 2009 to prosecute
violations of section 2319 of title 18, United States Code."
Critics of recent copyright related bills have argued that imposing new
responsibilities on the DOJ to prosecute copyright infringers, or perform other
copyright related responsibilities, would diminish the DOJ's resources for
prosecuting other crimes. This section responds to those criticisms.
The other original cosponsors of the bill are
Sen. Orrin Hatch (R-UT),
Sen. Gordon Smith (R-OR),
Sen. Lamar Alexander (R-TN), and
Sen. Lindsey Graham (R-SC).
Mitch Bainwol, Ch/CEO of the Recording
Industry Association of America (RIAA), praised the bill and its sponsors in
a release. He also
stated that "Just this week, two major artists have been forced to release
their albums earlier than planned because Internet ripping groups distributed their
music in pre-release form worldwide."
"Artists work day and night to get their music just right. Releasing an album
before it is intended for sale to the public scoops the legitimate market for
that work and damages a crucial sales period", said Bainwol. "The findings in
this bill reflect the effects that piracy has had on record sales over the past
three years. Sales in the music industry are down 31 percent. In 2000, the ten
top selling albums sold 60 million units, in 2001 they sold 40 million units and
in 2002 the top ten selling albums sold only 34 million units."
11/21. Rep. Christopher Shays
(R-CT), Rep. Jay Inslee (D-WA),
Rep. David Price (D-NC), and
Rep. Mark Green (R-WI) introduced
HR 3630, the "Congressional Research Accessibility Act", a bill
to make available to the public, on the internet, Congressional Research Service
products. The bill was referred to the House
Administration Committee. See also, Shays
11/21. Rep. Bud Cramer (D-AL)
introduced HR 3590, a bill to amend the Internal Revenue
Code to allow employers a credit against income tax to encourage them to
have their employees provide volunteer services that aid science, mathematics,
and engineering education in grades K-12. The bill was referred to the
Ways and Means Committee.
11/21. Sen. Charles Grassley (R-IA)
and Sen. Jeff Sessions (R-AL)
introduced S 1921, a bill to amend
28 U.S.C. S 44, to provide
for 11 circuit judges on the U.S. Court of
Appeals for the District of Columbia. Section 44 currently provides for 12 judges.
The bill was referred to the Senate
|People and Appointments
11/24. President Bush nominated Jane Boyle to be a Judge of the
U.S. District Court for the Northern
District of Texas. She is currently the U.S. Attorney for the Northern District
of Texas, which includes most of the Dallas Ft Worth metropolitan area. From 1990
through 2002 she was a Magistrate Judge. Before that she was an Assistant District
Attorney for Dallas County, and an Assistant U.S. Attorney. See, White House
11/24. Steven Berry was named SVP, Governments Relations of the
National Cable & Telecommunications Association
(NCTA), effective January 2, 2004. Berry has been SVP of Government Affairs at
the Cellular Telecommunications & Internet
Association (CTIA) since 1997. He has also been Chief Counsel and Director
of International Operations and European Affairs for the Senate Foreign
Relations Committee, Assistant Secretary of State for Legislative Affairs at the
Department of State, Republican Chief of Staff for the House Foreign Affairs
Committee, and Republican Counsel for the House Permanent Select Committee on
Intelligence. See, NCTA
11/17. Michael Schroeder was elected to the Board of Directors of
EchoStar. See, EchoStar
11/21. DirecTV announced that Roxanne Austin, its President and Chief
Operating Officer, will leave the company "upon completion of The News
Corporation's acquisition of 34 percent of HUGHES common stock. DIRECTV is a
unit of HUGHES." See, DirecTV
11/24. Mary McDowell joined Nokia as SVP and General Manager,
Enterprise Solutions, and member of the Nokia Group Executive Board, effective
January 1, 2004. She previously worked for Hewlett Packard. See, Nokia
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|Bush Signs Defense Authorization Act
11/24. President Bush signed
the "National Defense Authorization Act for Fiscal Year 2004," which
authorizes defense and military appropriations for fiscal year 2004. See, White House
The House passed the conference report on November 7, 2003, by a vote of 362-40. See,
Call No. 617. The Senate passed the conference report on November 12 by a
vote of 95-3. See,
Roll Call No. 447.
Some of the provisions of the bill are technology related. First, the bill
authorizes the appropriation of $11,029,557,000 for fiscal year 2004 for "the
Defense Science and Technology Program, including basic research, applied research,
and advanced technology development projects."
This bill also requires the Department
of Defense (DOD) to conduct research and development on network centric operations,
requires the DOD to conduct a "Global Research Watch" program, requires the
Defense Advanced Research Projects Agency (DARPA)
to prepare biennial reports, and expands the authority of the DOD to support and pay
for math, science, engineering and technology (MSET) education.
Network Centric Operations. Section 234 of the bill provides that "The
Secretary of Defense shall carry out a program of research and development to
promote the development of high-speed, high-bandwidth communications
capabilities for support of network-centric operations by the Armed Forces."
This section provides that its purposes are "(1) To accelerate the
development and fielding by the Armed Forces of network-centric operational
capabilities (including expanded use of unmanned vehicles, satellite
communications, and sensors) through the promotion of research and development,
and the focused coordination of programs, to achieve high-speed, high-bandwidth
connectivity to military assets. (2) To provide for the development of equipment
and technologies for military high-speed, high-bandwidth communications
capabilities for support of network-centric operations."
The bill also enumerates some areas of research and development, including
"improved spectrum access through spectrum-efficient communications for support
of network-centric operations", "high-speed, high-bandwidth communications",
"networks, including complex ad hoc adaptive network structures",
"communications devices, including efficient receivers and transmitters", and
"computer software and wireless communication applications, including robust
security and encryption".
Global Research Watch Program. The bill also requires the DOD to carry
out a Global Research Watch program to "monitor and analyze the basic and applied
research activities and capabilities of foreign nations in areas of military interest,
including allies and competitors" and to "provide standards for comparison
and comparative analysis of research capabilities of foreign nations in relation to the
research capabilities of the United States."
This program is also required to "establish and maintain an electronic database
on international research capabilities, comparative assessments of capabilities, cooperative
research opportunities, and ongoing cooperative programs".
DARPA Biennial Strategic Plan. Section 232 of the bill requires the
Defense Advanced Research Projects Agency (DARPA) to prepare a strategic plan
every two years.
MSET Education. Section 233 of the bill amends 10 U.S.C. § 2192, to
enhance the authority of the Secretary of Defense to support mathematics,
science, engineering and technology education. This bill adds the authority to
make grants to support other entities, including other federal agencies, state
agencies, and private sector entities.
|The TLJ Daily E-Mail Alert will not be published on Thursday,
|Washington Tech Calendar
New items are highlighted in red.
|Tuesday, November 25
The House is scheduled to meet at 12:00 NOON.
Deadline to submit comments to the Federal
Communications Commission (FCC) in response to its notice of proposed
rulemaking (NPRM) regarding digital low power television and television
translator stations. This is FCC 03-198, in MB Docket No. 03-185. See,
notice in the Federal Register, September 26, 2003, Vol. 68, No. 187, at
Pages 55566 - 55573.
|Wednesday, November 26
4:00 PM. Deadline for the
Federal Communications Commission's
(FCC) to file with the U.S. Court of
Appeals (DCCir) its response to the U.S.
Telecom Association's (USTA) and CenturyTel's emergency motion for stay of
the FCC's number portability rules.
Deadline to submit nominations to the
Department of Commerce's (DOC)
Technology Administration (TA) of
individuals for appointment to the National Medal of Technology Nomination
Evaluation Committee (NMTNEC). The TA states that "Typically, Committee
members are present or former Chief Executive Officers, former winners of the
National Medal of Technology; presidents or distinguished faculty of universities;
or senior executives of non-profit organizations." See,
notice in the Federal Register, October 27, 2003, Vol. 68, No. 207, at
Deadline for the Federal
Communications Commission's (FCC) Media
Security and Reliability Council (MRSC) to complete voting on recommendations
regarding prevention and restoration measures to ensure the continued operation and
security of media facilities in the face of a national emergency. These recommendations
were presented at the biannual meeting of the MRSC on November 6, 2003. See, FCC
|Thursday, November 27
Thanksgiving Day. The Federal Communications Commission
(FCC) and other government offices will be closed. The
National Press Club will be closed. There
will be no issue of the TLJ Daily E-Mail Alert.
|Friday, November 28
National Press Club will be closed.
Deadline to submit comments to the National
Intellectual Property Law Enforcement Coordination Council (NIPLECC) regarding
the agenda and mission of the NIPLECC. See,
notice in the Federal Register, October 28, 2003, Vol. 68, No. 208, at
|Monday, December 1
Deadline to submit reply comments to the Federal
Communications Commission (FCC) regarding its
Fourth Notice of Proposed Rulemaking [49 pages in PDF] in which it
proposes to make spectrum available to federal users that will be displaced
from the 1710-1850 MHz band to make it available for advanced wireless
notice in the Federal Register September 2, 2003, Vol. 68, No. 169, at
Pages 52156 - 52168. See, also stories titled "FCC Releases NPRM Regarding
Allocating Spectrum to DOD to Replace Spectrum Allocated for 3G Services" in
TLJ Daily E-Mail
Alert No. 694, July 9, 2003, and "FCC Sets Deadlines for Comments
Regarding Spectrum Reallocations Relating to 3G Services" in TLJ Daily E-Mail
Alert No. 731, September 3, 2003. This is ET Docket No. 00-258 and WT Docket
10:00 AM. The U.S. Court of Appeals
(FedCir) will hear oral argument in Intergraph v. Intel, No.
03-1153. Location: Courtroom 203, 717 Madison Place, NW.
10:30 AM - 3:00 PM. The Federal
Communications Commission (FCC) will hold a forum on Voice over Internet
Protocol (VOIP) issues. Subsequently, it will issue a Notice of Public Rule
Making (NPRM) "to inquire about the migration of voice services to IP-based
networks and gather public comment on the appropriate regulatory environment for
these services". See, FCC
release of November 6, 2003. See also,
agenda released on November 24, 2003.
|Tuesday, December 2
9:00 AM - 4:30 PM. The Executive Office of the
President's (EOP) Office of Science and Technology
Policy's (OSTP) President's
Council of Advisors on Science and Technology (PCAST) will hold a meeting that
is open to the public. The PCAST's
notice in the Federal Register states that the agenda includes the following:
"(1) Discuss and, pending the discussion, approve a draft report from
its information technology manufacturing competitiveness subcommittee; (2)
discuss the preliminary observations and draft recommendations of its
workforce education subcommittee; and (3) continue its discussion of
nanotechnology and its review of the federal National Nanotechnology
Initiative." The notice states both that the meeting will be on December 2
and December 3. Stan Sokul, Executive Director of the OSTP, states that the
meeting is on December 2. For more information, contact Stan Sokul at 202 456-6070
or firstname.lastname@example.org. Location:
Monticello Ballroom (lower level), Wyndham Washington Hotel, 1400 M Street, NW.
9:00 AM - 12:00 NOON. The
Potomac Institute for Policy Studies (PIPS) will host a panel discussion
titled "Enabling New Information Technologies in the War on Terrorism -- And
Protecting Our Privacy at the Same Time". The scheduled speakers include
Robert Popp (DARPA), Dan Gallington
Michael Scardaville (Heritage
Foundation), Jeff Jonas, and Kim Taipale.
To register, contact 703 525-0770 or
email@example.com. Location: Room 106, Dirksen Building.
10:15 AM. The
Markle Foundation's Task Force on National
Security in the Information Age will hold a press briefing on its report titled
"Creating a Trusted Information Network for Homeland Security".
At 11:30 AM there will be a panel discussion. RSVP to:
firstname.lastname@example.org or 202 638-4370. For
more information, contact Todd McGovern at
email@example.com or 212
713-7633. Location: Russell Caucus Room (SR-325), Russell Building.
4:00 PM. Deadline for the U.S.
Telecom Association's (USTA) and CenturyTel to file with the
U.S. Court of Appeals (DCCir) their reply
to the Federal Communications Commission's (FCC)
response to their emergency motion for stay of the FCC's number portability rules.
Deadline to submit comments to the Federal
Communications Commission (FCC) in response to SBC
Communications' petition requesting that the FCC forbear from applying
the terms of 47 U.S.C. §
271(c)(2)(B) to the extent, if any, those provisions impose unbundling obligations
on SBC that this FCC has determined should not be imposed on incumbent local exchange
carriers pursuant to 47 U.S.C.
§ 251. See, FCC
notice [PDF]. This is WC Docket No. 03-235.