Re:Create Recap September 18, 2020

Section 1201 Hearing. During a U.S. Senate Intellectual Property Subcommittee hearing on Section 1201 of the DMCA, Blake Reid from the University of Colorado Law School addressed the “substantial” need for reforms to Section 1201. In his prepared statement, Prof. Reid wrote: “Section 1201’s scope has crept like a fast-growing weed over the past two decades, transforming what Congress intended as a narrow effort to facilitate the distribution of digital works into a large-scale regulatory regime of a wide array of ordinary activities far outside the intended focus of the DMCA.”

UK Creatives Call For Elimination Of Some IP Exceptions In UK/US Trade Deal. As the U.S. and UK continue trade negotiations, Brett Fortnam with Inside U.S. Trade reported on a UK Creative Industries Council briefing document that called for IP provisions that are more stringent than what the U.S. has agreed to in previous trade agreements. “The proposal from British rightsholders suggests UK negotiators are seeking rules that would eliminate certain exceptions in U.S. copyright law, including the so-called “bars and grills” exceptions; aiming to avoid provisions included in other U.S. trade agreements that require the establishment of online safe harbors or internet service provider liability regimes; and hoping to replace the U.S. “fair use” system with a less-specific criteria,” Fortnam reports.

Celebrating Copyright As A Constitutional Treasure. In honor of Constitution Day, Catherine Zaller Rowland, Associate Register of Copyrights and Director of Public Information and Education, posted a blog celebrating the foundation of U.S. copyright law. Rowland writes that the ultimate role of copyright “is to encourage creativity and our flourishing national culture. Copyright accomplishes this by providing a balanced system that includes both exclusive rights and exceptions and limitations.” She concludes with a quote by James Madison regarding copyright: “‘[t]he public good fully coincides…with the claims of individuals,’ especially in light of the balanced system that exists today.”

Engine Argues For Fair Implementation Of EU Copyright Directive. In comments submitted to the European Commission, Engine advocated for the startup community by arguing for fair, balanced, and proportional implementation of Article 17 that the EU adopted last year. Noting the expensive and inefficient content moderation tools the directive will force on startups and small businesses, the comments state: “Overall, the EU has adopted a regime that could easily entrench larger, well-resourced, established organizations and make it harder for small platforms and creators to compete. Implementation efforts should seek to bring balance wherever possible.”

Beatport Partners With Twitch On Exclusive Livestream. Variety reports that the online music store Beatport has partnered with Twitch in an attempt to bring more music and programming to its Twitch channel. Beatport is expanding to several weekly virtual shows, featuring new artists and exclusive electronic music. Ed Hill, Beatport’s Vice President of Creative Services, said, “Collaborating with Twitch and expanding our livestream programming allows us to continue to bring critical visibility and revenue to artists, labels, and collectives during a time when live club shows, the lifeblood of our industry, do not exist.”

Livestreams Are The Future Of Shopping. The retail industry has experienced many changes over the last several years with more people turning to online shopping. Recently, due to Covid-19 another e-commerce change that’s emerged is livestream shopping. This new phase of shopping incorporates video streaming, social media and celebrities into the experience. A Bloomberg article says livestream shopping “allows almost anyone (celebrities, influencers or your local store owner) to quickly create their own shopping television channel that’s also a social network and e-commerce platform—at a tiny fraction of the cost.”