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US Patent and Trademark Office Issues Copyright “Green Paper”

remix of image by Patrick Hoesly

On July 31, the US Patent and Trademark Office (PTO) released a long-awaited “green paper” on Copyright Policy, Creativity, and Innovation in the Digital Economy (PDF), canvassing a host of copyright policy issues and making recommendations for action. The paper covers mostly familiar territory, raising issues that have been discussed by the US Copyright Office and House Judiciary Committee IP Subcommittee Chairman Bob Goodlatte (R-VA) in their discussions of copyright reform. The PTO says it will support the Copyright Office’s efforts to determine appropriate updates to Section 108 and to determine whether and how to address the question of “orphan works” and mass digitization. The PTO also announced that it will seek comment for itself on a range of issues, including the DMCA notice-and-takedown regime, statutory damages, and remixes.

The green paper is a product of the US Department of Commerce’s Internet Policy Task Force (IPTF) with input from the US Patent and Trademark Office and the National Telecommunications and Information Administration (NTIA). For more information, see the July 31 PTO press release, “US Department of Commerce Produces Comprehensive Analysis Addressing Copyright Policy, Creativity, and Innovation in the Digital Economy.”