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Ellis Vener
6-Dec-2001, 17:59
Please read the following announcement from the PPA organization and if you think this bill is a good idea, please do the following:

1. Go to www.copyrightdefense.com

2. Click "Contact Congress"

3. Type Your ZIP Code in the "Elected Officials" box

4. Select the pre-written message or create your own.

5. Fill in your information (so they know you're a constituent)

6. Click "Send Message" to make your voice heard!

Right now, your State government or any of its agencies can copy your images -- and you can't do anything about it. In 1999, a pair of U.S. Supreme Court decisions took away your right to sue State governments when they infringe upon your copyrights or other intellectual property.

A bill has been introduced in Congress to restore those rights -- but, without your support it may never become a law. The Intellectual Property Protection Restoration Act of 2001 would restore your right to sue State governments and agencies when they illegally copy your work. It would also provide a deterrent to infringement by allowing lawsuits against the individual state employee or official who violated your rights. Identical versions of this bill have been introduced in the House (H.R. 3204) and the Senate (S. 1611). However, getting this bill out of committee and signed into law will require all photographers, regardless of PPA membership status, to show their support. So we urge you to contact your members of Congress today and ask them to support the Intellectual Property Protection Restoration Act. Here's how: 1. Go to www.copyrightdefense.com 2. Click "Contact Congress" 3. Type Your ZIP Code in the "Elected Officials" box 4. Select the pre-written message or create your own. 5. Fill in your information (so they know you're a constituent) 6. Click "Send Message" to make your voice heard! If you're looking for more details on the provisions of the bill, see the Copyright News at www.copyrightdefense.com or go to "Issues and Legislation" section in the Contact Congress area of the site. Other Copyright News of Importance to Photographers: -The U.S. Second District Court has ruled that the Digital Millennium Copyright Act is constitutional. -In response to an investigation conducted by PPA, Kinko's is taking steps to improve its copyright practices. -The U.S. Copyright Office is publishing regulations that will allow you to correct the registration and filing dates of materials delayed by the stoppage mail service to their offices. For complete details on all of these stories go to www.copyrightdefense.com.

Chris Partti
7-Dec-2001, 02:07
Well, I'm glad someone is finally doing something about the pervasive problem of state agencies stealing copyrighted photographs. In fact, although OMB was charged with writing a report to support this legislation, it was unable to find any substantial evidence of states violating intellectual property rights. Maybe that is because the 1999 Supreme Court cases did not give state a blank check to violate copyrights or patents. Intellectual property holders can still sue state officials to stop them from committing violations.

The sponsors and lobbyists behind this legislation aren't interested in protecting photographers. They want to provide big corporations with a weapon (countersuits) they can use when they are sued by public universities for stealing the state's intellectual property.

Lyle Aldridge
7-Dec-2001, 18:18
Chris has insightfully and correctly analyzed this one, except that many (probably most) of the corporations involved are not that big. They're little shells that have been created just for the purpose of filing specious IP claims against universities engaged in research -- "target defendants." The Supreme Court did not take anything away. It just applied the law in effect for about two hundred years, but its opinions did put a crimp in that lucrative extortion racket. It is amazing, though -- all they have to do is put "safety," "protection" or "reform" somewhere in the title of any proposal, and anyone who questions its wisdom automatically becomes a corrupt Philistine. I think the PPA's motives are probably pure on this, but it also appears that they don't realize whose bread they are really buttering.