Legal Commentary

The Copyright Tail Wags the Internet Dog: Episode 39

By David Post

I haven?t had time to examine this in detail, but the Administration?s just-released ?White Paper on Intellectual Property Enforcement? looks like a real horror show of major proportions. It contains the Administration?s legislative recommendations regarding a series of Intellectual Property matters, including recommendations to:

?Increase the U.S. Sentencing Guideline range for repeat intellectual property offenders?
?Clarify that, in appropriate circumstances, infringement by streaming, or by means of other similar new technology, is a felony?
?Create a right of public performance for copyright owners for sound recordings transmitted by over-the-air broadcast stations which, in part, will allow copyright owners to obtain overseas royalties that are now denied to them? [Yes, just what we need ? more copyright rights!!]
?Providing a two-level enhancement for defendants with a previous conviction for an intellec-tual property offense.? and, last but not least
?Give law enforcement authority to seek a wiretap for criminal copyright and trademark offenses?

Full post as published by The Volokh Conspiracy on March 16, 2011 (boomark / email).