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Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law? [December 28, 2005]
"Google, Inc. is digitally scanning the collections of several prominent libraries in order to create a vast searchable database of literary works. Copyright holders who have not authorized and object to the digitization have filed suit against the company. This report provides background on the pending litigation. It will be updated as judicial developments warrant."
Library of Congress. Congressional Research Service
Jeweler, Robin
2005-12-28
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Bankruptcy Relief and Natural Disaster Victims [September 14, 2005]
"In the wake of Hurricane Katrina, many have questioned whether implementing the new procedures of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), P.L. 109-8, scheduled to go into effect on October 17, 2005, should be delayed. This report considers whether bankruptcy law in general, and the BAPCPA in particular, may present unique challenges to financial recovery for those whose life, livelihood, and/or home have been damaged or destroyed. To some extent, the new goals of the BAPCPA, which is designed to restore personal responsibility to individual's financial affairs and reduce the number of chapter 7 filings, may be at odds with the goals of those who want to assist Katrina victims through a speedy financial rehabilitation procedure under chapter 7 of the U.S. Bankruptcy Code. The BAPCPA is an extremely lengthy, complicated, and technical overhaul of bankruptcy practice. Many of its provisions will undoubtedly be of assistance to debtors, while others are more problematic. This report reviews just a few elements of the new law in areas such as burden of proof, debt forgiveness, flexibility, transaction costs, and small business reorganization and considers their implications for Katrina victims. It concludes that it may be impossible to predict how the implementation of a new bankruptcy system will impact Katrina victims, whose specific needs in a bankruptcy context are not yet known."
Library of Congress. Congressional Research Service
Jeweler, Robin
2005-09-14
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Proposed Bankruptcy Legislation to Address Natural Disaster Victims [September 27, 2005]
"Several bills have been introduced in the 109th Congress to amend the U.S. Bankruptcy Code, 11 U.S.C. 101 et seq. in the wake of Hurricane Katrina. H.R. 3662 would delay the effective date for the means test amendments to the Code enacted in the Bankruptcy Abuse Prevention and Consumer Protection Act. H.R. 3697, S. 1647, S. 1765, and S. 1766 would make substantive amendments to the Code to deal with victims of natural disasters. They are discussed below. This report will be updated as events warrant."
Library of Congress. Congressional Research Service
Jeweler, Robin
2005-09-27
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Statutory Royalty Rates for Digital Performance of Sound Recordings: Decision of the Copyright Royalty Board [May 25, 2007]
"The Copyright Royalty Board (CRB) announced new statutory royalty rates for certain digital transmissions of sound recordings for the period January 1, 2006, through December 31, 2010. Implementation of these new rates marks the expiration of a previous royalty rate agreement specifically designed to benefit "small" webcasters. This report surveys both the legislative history of this issue, i.e., royalty rates for eligible nonsubscription webcasters, the Board's decision, and the public and congressional response.
To date, two similar bills, H.R. 2060 and S. 1353, both titled the 'Internet Radio Equality Act,' have been introduced into the Congress. The bills would nullify the CRB's decision, change the ratemaking standard, and institute transitional rates for the current rate cycle (which is retroactive to 2006). Although Congress has addressed the interests of small commercial webcasters in the past, the proposed legislation appears to emphasize rate parity among statutory licensees who utilize different transmission technology, i.e., satellite, cable, and the Internet. The bills, however, permit webcasters to choose between different payment formats for the current cycle, including one based on percentage of revenue, a method sought by small webcasters."
Library of Congress. Congressional Research Service
Jeweler, Robin
2007-05-25
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Copyright Law: Digital Rights Management Legislation [Updated October 1, 2004]
"Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th Congress and those that are pending in the 108th Congress. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital (and traditional) copyright infringement and educating the public about the rights of copyright holders."
Library of Congress. Congressional Research Service
Jeweler, Robin
2004-10-01
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Copyright Law: Digital Rights Management Legislation [Updated August 2, 2004]
"Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th Congress and those that are pending in the 108th Congress. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital (and traditional) copyright infringement and educating the public about the rights of copyright holders. Although no bills were enacted during the 107th Congress, two of the bills focusing on access have been reintroduced in the 108th Congress. Representatives Boucher and Lofgren reintroduced their bills from the 107th Congress. They are H.R. 107, the 'Digital Media Consumers' Rights Act of 2003' and H.R. 1066, respectively. Bills addressing piracy include H.R. 4077, the 'Piracy Deterrence and Education Act of 2004'; S. 1932, the 'Artists Rights and Theft Prevention Act of 2004'; and, S. 2237, the 'Protecting Intellectual Rights Against Theft and Expropriation Act of 2004.' S. 1932 and S. 2237 have been passed by the Senate. Because digital transmission poses the greatest distribution risk to entertainment content owners, these bills attempt to thwart the initial unauthorized copying and/or uploading to the Internet."
Library of Congress. Congressional Research Service
Jeweler, Robin
2004-08-02
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Copyright Law: Digital Rights Management Legislation [Updated May 28, 2004]
"Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th Congress and those that are pending in the 108th Congress. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital (and traditional) copyright infringement and educating the public about the rights of copyright holders. Although no bills were enacted during the 107th Congress, two of the bills focusing on access have been reintroduced in the 108th Congress. Representatives Boucher and Lofgren reintroduced their bills from the 107th Congress. They are H.R. 107, the 'Digital Media Consumers' Rights Act of 2003' and H.R. 1066, respectively. H.R. 1066 is renamed the 'Benefit Authors without Limiting Advancement or Net Consumer Expectations (BALANCE) Act of 2003.' And Senator Wyden introduced S. 692, labeling disclosure bill entitled the 'Digital Consumers Right to Know Act.'"
Library of Congress. Congressional Research Service
Jeweler, Robin
2004-05-28
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Protecting Noncreative Databases: Bills Before the 108th Congress [Updated April 6, 2004]
"Copyright law protects works of authorship that exhibit original, creative expression, including creativity in the selection, arrangement or coordination of both traditional and automated databases. Noncreative databases are not subject to protection against copying under existing copyright law. Database producers seek new legal protection against piracy of collections of information that result from the investment of substantial amounts of money, time, or other resources. The protection they seek would be based on industrious effort rather than on creativity. This report examines two legislative proposals pending before the 108th Congress. Either H.R. 3261 or H.R. 3872, if enacted, would create a misappropriation style of protection against the copying of all or a substantial part of such collections of information."
Library of Congress. Congressional Research Service
Jeweler, Robin
2004-04-06
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Confrontation Clause After 'Michigan v. Bryant' and 'Bullcoming v. New Mexico' [September 13, 2011]
"The Sixth Amendment to the United States Constitution includes the guarantee that '[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him.' Historically, the U.S. Supreme Court interpreted the Confrontation Clause as being more or less compatible with evidentiary rules governing out-of-court statements. In 1979, in 'Ohio v. Roberts', 448 U.S. 56, the Court expressed the view that evidence that fit within a hearsay exception or had analogous 'particularized guarantees of trustworthiness' would also 'comport with the substance' of the Confrontation Clause; hearsay rules and the Confrontation Clause were generally designed to protect similar values and stemmed from the same roots. […] In the U.S. Supreme Court's 2010-2011 term, two cases were handed down which are significant post-'Crawford' interpretations of the Clause. One case, 'Michigan v. Bryant', 131 S. Ct. 1143 (2011), held that admitting into evidence a dying man's statements to police officers about his assailant did not violate the Confrontation Clause--not through the 'dying declaration' exception to hearsay, but because they were made to assist law enforcement officers in an 'ongoing emergency' and were therefore 'nontestimonial.' The other, 'Bullcoming v. New Mexico', 131 S. Ct. 2705 (2011), addressed the prosecution's use of forensic laboratory reports. It concluded that the Confrontation Clause requires the laboratory analyst who performed the test to appear at trial and confront the defendant in person. This report examines these decisions in the context of the Court's relatively new Confrontation Clause jurisprudence. It considers their implications for admissibility of evidence in criminal prosecutions."
Library of Congress. Congressional Research Service
Jeweler, Robin; Smith, Alison M., 1962-
2011-09-13
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