Few Internet policy issues have caused more consternation than the challenge of protecting intellectual property without unduly limiting the ability of users to take advantage of the new services and functionality made possible by digital technology. On the one hand, the digital revolution has opened the door to countless new ways for users to obtain, experience, interact with, and create images, music, video, and other forms of content. New and transformative uses of content can promote individual expression, civic discourse, and economic opportunity. However, this remarkable technology also offers new tools and distribution channels for those engaged in large-scale copyright infringement.
While the debate on this issue is often highly polarized, Congress should work to build dialog and understanding that reflects the full range of important policy objectives involved. Copyright's goal of promoting creative output requires both protection of intellectual property rights and preservation of creators' ability to build upon and transform prior creations in reasonable ways. The law in this area should strive to protect against widespread infringement without limiting the capacity of technology to improve user choice or creativity.
CDT Report, "Protecting Copyright and Internet Values" (Spring 2005).
Congress Should Adopt a Balanced Approach to Digital Copyright: In both hearings and legislation, lawmakers should recognize that there are multiple important interests at stake. Scrutiny and debate about piracy and the issues facing copyright holders is appropriate, but should be accompanied by scrutiny and debate about issues such as "fair use" and the impact of copyright policy on technology innovation and free expression. CDT urges Congress to facilitate dialogue aimed at developing a shared understanding and reconciliation of the competing interests at stake.
Congress Should Enact "Orphan Works" Legislation: Creating a fair mechanism to permit the use of creative works whose owners cannot be located would be a simple but effective step toward protecting legitimate uses of creative works.
Congress Should Monitor WIPO Process: Congress should keep a close eye on efforts at the World Intellectual Property Organization (WIPO) to craft a treaty aimed at protecting broadcasters from signal theft. Until recently, WIPO seemed committed to a highly problematic approach that would create broad new intellectual property-like rights for broadcasters and require significant changes to U.S. law.
CDT Policy Post, "Negotiations on Broadcast Treaty Raise Concerns" (September 2006)
Congress Should Watch the Development of the Law in the Courts: A variety of pending legal cases could have a significant impact on extent to which providers of technologies and services will face broad risks of copyright liability. Congress should monitor those cases closely.
CDT list of pending copyright cases (January 2007)
Congress Should Not Impose New Design Mandates: Congress should avoid legislation that would impose design mandates for new technologies, or that would give regulatory agencies like the Federal Communications Commission (FCC) broad authority to control the entry of new technologies into the marketplace.
Congress Should Not Rush Through "Broadcast Flag" Language: Congress should avoid proceeding with "broadcast flag" legislation without a full debate on the risks such legislation would pose to technology innovation and lawful consumer uses of digital television. If Congress nonetheless elects to proceed, it should include carefully crafted safeguards designed to minimize the risks.
CDT Report, "Implications of the Broadcast Flag" (December 2003)
CDT Testimony on Broadcast Flag (January 2006).
Congress Should Not Expand FCC Authority with an "Audio Flag:" Lawmakers should refrain from granting the FCC broad new jurisdiction to regulate technology and curtail personal recording rights via an "audio flag" regime. Policy questions surrounding personal, non-commercial recording from digital radio broadcasts are best addressed through a debate about the treatment of such broadcasts under copyright law and possible approaches to licensing and remuneration.