Legislation Affecting Fair Use Rights

HR 1201, Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIRUSE) Act of 2007
To amend title 17, United States Code, to promote innovation, to encourage the introduction of new technology, to enhance library preservation efforts, and to protect the fair use rights of consumers, and for other purposes.
Sponsor: Rep. Rick Boucher (D-VA)
Introduced: February 27, 2007
Status: On March 19th, the bill was referred to the Subcommittee on Courts, the Internet, and Intellectual Property Committee.
Outlook:  Consumer groups have expressed support of this bill and its exemptions from provisions of the DMCA such as the prohibition on circumvention of technological measures – allowing it for the purpose of scholarship, comment, or criticism.  This measure would legalize previously established fair-use exemptions already on technology reviews held every three years, as outlined by the Digital Millennium Copyright Act (DMCA).  The bill ultimately seeks to promote the development of new technologies and to enable people to have legally obtained access to digital content to exercise legal uses without fear of criminal punishment.  This bill, should a consumer-focused ‘fair use’ bill receive Congressional attention, could move although a dwindling Congressional schedule could prohibit action.

S. 2317, Intellectual Property Enforcement bill of 2007
A bill that includes provisions of HR 2391, the CREATE Act of 2004 as well as the PIRATE Act (S. 2237), giving DOJ the ability to file civil suits against copyright infringers.  Contain provisions that amend the DMCA definitions pertaining to the trafficking of access circumvention and copy protection circumvention tools.
Sponsor: Sen. Patrick Leahy (D-VT)
Introduced: November 7, 2007
Status:  On Nov. 7 the bill was sent to the Senate Judiciary Committee, where hearings to examine current enforcement efforts were held.
Outlook:  Senator Leahy has noted that the PIRATE Act has previously passed out of the Senate three times and emphasized his goal that S. 2317 will be the bill that finally becomes law.  However, some of the bill’s provisions have angered consumer advocates who say the measure would turn federal authorities into private enforcers for entertainment companies.  This bill appears to have bipartisan support thus far – but it is too early to tell if the measure’s controversial measures will dampen the support of members receiving complaints from constituents.

S 522, Intellectual Property Rights Enforcement Act
A bill to safeguard the economic health of the United States and the health and safety of the United States citizens by improving the management, coordination, and effectiveness of domestic and international intellectual property rights enforcement, and for other purposes.
Sponsor: Sen. Evan Bayh (D-IN)
Introduced: February 27, 2007
Status: On February 7th, the bill was referred to Senate Committee on the Judiciary.
Outlook:  As this bill has not yet moved, it is unlikely it will, especially in light of the introduction of Leahy’s S. 2317

S 256, Platform Equality and Remedies for Rights Holders in Music (PERFORM) Act of 2007
A bill to harmonize rate setting standards for copyright licenses under section 112 and 114 of title 17, United States Code, and for other purposes.
Sponsor: Sen. Dianne Feinstein (D-CA)
Introduced: January 11, 2007
Status: On January 11th, the bill was referred to Senate Committee on the Judiciary.
Outlook:  The Intellectual Property community (represented by such organizations as the Intellectual Property Owners Association) has expressed favor for this bill as they view it as harmonizing rate setting standards for copyright licenses.  Although the RIAA would seem to favor this measure, it is not as consumer friendly as others.  This bill hasn’t moved since January and is not likely to in the coming months.  However, provisions of this bill could be included in a larger bill such as Leahy’s S. 2317.

HR 2033, Design Piracy Prohibition Act
To amend title 17, United States Code, to provide protection for fashion design.
Sponsor: Rep. Bill Delahunt (D-MA)
Introduced: April 25, 2007
Status: Referred to House Subcommittee on Courts, the Internet and Intellectual Property on May 4th.
Outlook: The industry itself is split on extending fashion protection beyond design patent and trademark protection – and as a result, big players in the fashion industry are not in agreement on the overarching goal of this bill as well as on varying provisions.  This bill hasn’t moved since April, and may not due to the controversy surrounding the measure as well as to a quickly approaching Presidential election year.

HR 1908, Patent Reform Act of 2007
A bill to amend title 35, United States Code, to provide for patent reform.
Sponsor: Rep. Howard Berman (D-CA)
Introduced: April 18, 2007
Status: Reported out of the House chamber, as amended to the Senate on September 7th.  Received by the Senate and placed on the Senate calendar as of September 11th.
Outlook: The current Bush administration supports the passage of a patent reform measure but expressed its opposition of this bill and specifically of its provision limiting the discretion of a court in determining damages adequate to compensate for an infringement.  This bill has not yet moved since April and if Congress does not address the Administration’s concern, the bill would likely be vetoed.  It remains possible that the Congress will wait to pass a patent reform measure until a Democrat is in the White House and until Democrats increase their majority in both chambers.

S 1145, Patent Reform Act of 2007
A bill to amend title 35, United States Code, to provide for patent reform.
Sponsor: Sen. Patrick Leahy (D-VT)
Introduced: April 18, 2007
Status: On July 19th, the bill was reported favorably out of the Senate Judiciary Committee.
Outlook: Consumer advocate groups such as Public Knowledge and Consumer Federation of America, Consumers Union, and the Electronic Frontier Foundation expressed support of this bill.  If a stand-alone patent reform bill was to move to passage during the next few months, this would likely be the bill.