U.S. Department of Commerce Recommends Amendments to Statutory Damages Provisions in Copyright Act
Washington, D.C.—A report issued today by the U.S. Department of Commerce recommends amendments to copyright law that would provide both more guidance and greater flexibility to courts in awarding statutory damages. The recommended amendments would ensure continued meaningful protection for intellectual property while preserving the dynamic innovation that has made digital technology so important to the American economy.
The report is a product of the Department of Commerce’s Internet Policy Task Force (IPTF). The IPTF is made up of representatives from the United States Patent and Trademark Office (USPTO), the National Telecommunications and Information Administration (NTIA) and other Commerce Department agencies.
In the report, “White Paper on Remixes, First Sale, and Statutory Damages,” the Department’s Internet Policy Task Force sets forth its conclusions on three important copyright topics in the digital age: (1) the legal framework for the creation of remixes; (2) the relevance and scope of the “first sale doctrine”; and (3) the appropriate calibration of statutory damages in the contexts of individual file sharers and secondary liability for large-scale infringement. In making its recommendations, the Task Force was mindful of the need to protect copyrights effectively while also promoting innovation on the Internet.
“Through extensive public consultations, the Internet Policy Task Force has produced a detailed analysis of important policy issues raised for copyright in the digital age,” said U.S. Secretary of Commerce Penny Pritzker. “Its recommendations will maintain strong and balanced copyright protection while preserving the free flow of information required for innovation and our digital economy to thrive.”