Public Knowledge Proposes Changes To 'Misleading and Abusive' Copyright Practices

Copyright owners are engaging in 'misleading and abusive' practices that are unfair to consumers, Public Knowledge said today in the third part of its Copyright Reform Act (CRA) project. The project was established to analyze problems with, and suggest solutions to, copyright law.

PK offered the following recommendations:

• Prohibition of Misleading Copyright Warning Notices: Congress should direct the Federal Trade Commission ("FTC") to promulgate and enforce rules that ensure copyright warning notices claim only exclusive rights that copyright owners have under copyright law. Copyright owners that continue to claim rights they do not have would be subject to penalties for unfair and deceptive acts under existing FTC regulations.
• Required Disclosure of Technological Restrictions: Congress should direct the FTC to promulgate and enforce rules requiring the full and conspicuous disclosure of technological restrictions on consumers' ability to use products and services in ways that would otherwise be lawful under copyright law. Copyright owners failing to meet these requirements would lose their ability to hold consumers responsible for circumvention of undisclosed technological restrictions.
• Motion to Strike for Copyright Misrepresentation: The Copyright Act should be amended to provide for a new special motion to strike, which would act as an efficient and effective procedural response available to targets of abusive copyright infringement claims that are based on misrepresenting the rights of a copyright owner, or that are likely to cause significant harm to competition or free expression if upheld. The motion would suspend discovery, and provide for attorneys' fees and costs if successful.