Last week, Senator Thom Tillis and four other members of Congress sent a letter to an organization you may never have heard of, the American Law Institute (ALI). The letter questions the ALI’s ong…
Last week, Senator Thom Tillis and four other members of Congress sent a letter to an organization you may never have heard of, the. The letter questions the ALI’s ongoing project to publish a competing version of the Copyright Act – or, as the ALI calls it, a “Restatement” of copyright law.
To head up its copyright Restatement project, the ALI appointed another copyleft professor, Christopher Sprigman, and three other like-minded academics to assist him. Sprigman is the co-author of a book praising the “innovative” value of knockoff goods and, as counsel for Spotify in a recent case, asserted that streaming music without a license did not violate copyright owners’ reproduction or distribution rights.
This is the “long game,” and it’s pretty ingenious. Once the public advocating, fighting and bill-passing is over, we songwriters all go back to our studios … waiting to experience the benefits of the changes. Meanwhile, a surreptitious process to undermine our rights continues. But none of this has stopped the ALI. Maybe the reason the ALI thinks it can get away with their attack on creators’ rights is that the drafting process is the opposite of transparent. Meetings are not open to the public and Advisers have no vote on the drafts Sprigman delivers to the ALI Council for final approval and publication. In the rabbit-hole world of the ALI, the Copyright Act means whatever Sprigman says it does.
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