December 2009

[H/T here to the IPKat, and particularly the AmeriKat.]

In this recent post I pointed to the recent statement of the United States at the WIPO meeting considering an proposed international treaty governing copyright in works for persons who are blind, visually impaired or have other disabilities.

Earlier in the Fall, the US Copyright Office issued a Notice of Inquiry and Request for Comments on the Topic of Facilitating Access to Copyrighted Works for the Blind or Other Persons With Disabilities, 74 Fed. Reg. 52507 (Oct. 13, 2009), that is, regarding the proposed treaty. 

The comment submitted by the MPAA, RIAA, NMPA, AAP, and IFTA is worth noting in some detail, both for how it anticipates that treaty discussions regarding works for the visually-impaired mark the territory for future discussions regarding any and all “exceptions and limitations” to the copyright owner’s exclusive rights, and for how it expresses an excruciatingly modest role for “exceptions and limitations” of any kind. 

All in all, the document expresses a kind of “all is well” sensibility that reminds me of nothing so much as the attitude expressed by the American steel industry in the late 1970s and early 1980s.  And how are those integrated steel mills doing today?  And those high wage jobs secured by powerful unions?  For more on steel itself, take a look at the work of Clayton Christensen (writing about capital) and John Hoerr (writing about labor).

Here is a long excerpt from the comment submitted by the MPAA et al.:Read More »Mandatory vs. Permissive Copyright Exceptions and Limitations