January 13, 2014 3:45 PM
The hearing is set for 9 a.m. Central Time, and a live video webcast is available on the committee’s website.
Lunney expects to address whether Congress should give copyright owners the exclusive right to make their works available to the public. Generally, whoever holds the copyright to a creative work has the right to publicly perform or display it, reproduce it, distribute it or create derivative works.
In a prepared statement, Lunney argues that adding to those rights “would not put the proverbial file-sharing genie back in the bottle” but instead would “cause very real harm to the economy” by causing uncertainty in a legal framework that has developed some predictability through litigation over the past 20 years.
“As a general rule, I believe that copyright for the economy is like sugar for my coffee: a little bit is a good thing, but too much is worse than none at all,” Lunney says.
“Rather than help legitimate businesses control the unauthorized copying and distribution of their works through file-sharing networks, giving copyright owners the exclusive right to make their works available to the public would more likely contribute instead to the growing problem of copyright trolls,” he says.
Lunney’s statement says that the move would give parties "a perfectly plausible excuse to re-litigate cases they lost under the existing statutory language. As a result, we would have to re-litigate previously settled areas of law; legitimate businesses would, once again, be forced to close in the face of ruinous litigation expense; and investment in new business models and technological innovation would be stifled.”
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