Agency and Other Filings

As we advocate for policies that promote and preserve the value of copyright and protect the rights of creators and copyright owners, the Copyright Alliance regularly files comments with the U.S. Copyright Office and government agencies on different copyright policies studies and regulations. When we file comments, we encourage strong and effective copyright protections that will benefit the creative community and the copyright system more generally. When necessary, the Copyright Alliance conducts surveys of our creator members in order to collect data on important copyright issues. Some examples of comments we have filed with the U.S. Copyright Office and other government agencies include, but are not limited to, State Sovereign Immunity, Registration Modernization, Online Publication, Artificial Intelligence, and the Digital Millennium Copyright Act (DMCA).

March 12, 2021

Development of a National Consumer Awareness Campaign on Combating the Trafficking in Counterfeit and Pirated Products

Summary:

The Copyright Alliance submitted comments to the U.S. Patent and Trademark Office (USPTO) in response to its Notice of Inquiry (NOI) seeking information from stakeholders on the “Development of a National Consumer Awareness Campaign on Combatting the Trafficking in Counterfeit and Pirated Goods” as a public-private partnership. The comments provide information on the many ways the Copyright Alliance educates stakeholders on the value of copyright and the risks associated with copyright infringement, and they offer support for the establishment of coordinated campaigns and partnerships led by federal, state and local governments under the guidance of the USPTO and U.S. Copyright Office that would ensure all consumers are aware of the dangers and harms associated with copyright infringement and other forms of intellectual property theft. 

February 23, 2021

National Strategy for Expanding American Innovation

Summary:

The Copyright Alliance and the Institute of IP and Social Justice submitted comments in response to the U.S. Patent and Trademark Office’s (USPTO) notice soliciting input “from the public that will be used to help draft a national strategy to create opportunities that will expand our innovation ecosystem to include all individuals, including those from underrepresented socioeconomic, geographic, and demographic groups.” While none of the questions in the notice reference copyright explicitly, these comments underscore the importance of diversity and inclusion across all forms of IP, including copyright.

October 22, 2020

Sovereign Immunity Study Reply Comments

Summary:

The Copyright Alliance filed reply comments in response to a Notice of Inquiry (NOI) by the U.S. Copyright Office initiating a public study on the degree to which copyright owners are experiencing infringement by state entities without adequate remedies under state law. Highlighting data presented in our initial comments, the comments also refute arguments made by organizations that submitted comments in opposition of abrogating sovereign immunity. The reply comments conclude that the previous round of comments provided sufficient evidence to support the abrogation of state sovereign immunity and that the comments opposed to abrogation are neither persuasive nor supported by sufficient evidence.

September 2, 2020

Sovereign Immunity Study

Summary:

In response to a Notice of Inquiry (NOI) by the U.S. Copyright Office initiating a public study on the degree to which copyright owners are experiencing infringement by state entities without adequate remedies under state law, the Copyright Alliance launched a public survey and conducted interviews with a number of individual creators and organizations that have encountered state infringement. The comments demonstrate compelling evidence that remedies against state infringement are inadequate, and urge that the Copyright Office recommend, and that Congress enact, legislation that abrogates state sovereign immunity pursuant to Section 5 of the Fourteenth Amendment.

August 5, 2020

Modernizing Recordation of Notices of Termination

Summary:

The Copyright Alliance submitted comments in response to the Notice of Proposed Rulemaking and Notification of Inquiry published by the U.S. Copyright Office regarding proposed amendments to regulations governing the recordation of notices of termination, and related practice updates.

June 15, 2020

Online Publication Reply Comments

Summary:

The Copyright Alliance filed reply comments regarding the U.S. Copyright Office’s Notice of Inquiry (NOI) on the determination of a work’s publication status for registration purposes.

June 1, 2020

Registration Modernization

Summary:

The Copyright Alliance filed comments in response to the Notice of Inquiry (NOI) published by the U.S. Copyright Office in the Federal Register on March 3, 2020, raising additional questions as a follow-up to its October 2018 NOI on registration modernization.

May 6, 2020

Public Access to Peer-Reviewed Scholarly Publications, Data and Code Resulting From Federally Funded Research

Summary:

The Copyright Alliance filed comments with the Office of Science and Technology Policy in response to a request for information regarding approaches for ensuring public access to the peer-reviewed scholarly publications, data, and code that result from federally funded scientific research.

March 30, 2020

Letter to the White House in Response to OSTP Policy Proposal

Summary:

The Copyright Alliance sent a letter to President Trump on February 18 expressing concerns with an Office of Science and Technology Policy (OSTP) proposal that would strip authors and publishers of their copyrights. Specifically, the letter is in response to a proposed policy that would eviscerate the copyrights of journal publishers throughout the country by requiring them to make peer-reviewed articles that report on federally funded scientific research freely available to the public immediately upon publication. Among other things, the letter explains that peer-reviewed journal articles are worthy of copyright protection and that the proposed policy represents a significant regulatory intervention in the private marketplace that already gives copyright owners only one year to commercialize their works. Ultimately, the letter warns that adopting the proposed policy would do significant damage to established markets and the U.S. economy.

March 19, 2020

Online Publication

Summary:

The Copyright Alliance filed comments with the U.S. Copyright Office in response to its notice of inquiry on online publication.