Thursday, March 25, 2010

Recommendations For IPEC-U.S. Intellectual Property Enforcement Coordinator

The U.S. Intellectual Property Enforcement Coordinator, Ms. Espinel, made an open call for comments from industry stakeholders. Many submitted their suggestions. Hopefully, you did too. Here are mine.

My "Evaluative Report And Recommendations For The Application Of Copyright Laws, Technology And Public Policies By The Office Of The United States Intellectual Property Enforcement Coordinator" weighs in at 52 pages. (Thank goodness we had so little time to do it!) It contains a detailed review of technologies that can serve the objectives of copyright use, education and enforcement. And, it contains recommendations of desirable actions for the photography and illustration industry.

The full report can be read here:
Report And Recommendations For The U.S. Intellectual Property Enforcement Coordinator By Randy Taylor

To summarize, my recommendations to IPEC are as follows:

a. Seek international consensus via treaties and conventions

b. Foster creation and sustenance of Registries

c. Initiate a minimum statutory damage or fine for failure to obey a DMCA Take Down order, separate from copyright statutory damages

d. Foster numbering systems because a unique file ID or number is required for each digital content file for the orderly conducting of business and processes

e. Expand copyright notice methods to include machine readable methods as acceptable alternative means of notification

f. Define "Orphan Works" as being limited to works and digital files that are older than 20 years

g. Initiate a worldwide cap on the duration of copyright

h. Initiate a compulsory license for low-end web use of photographic images (uses valued at under $1)

i. Prohibit using “fair use” as an exception when the content usage is for gainful intent

j. Discourage advertising that encourages infringement

k. Assign to a scientific standards body the task to monitor and recommend “best practices” haching methods and formulas

Randy Taylor
The Copyright Registry at

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