Information Infrastructure Task Force, Intellectual Property and the National Information Infrastructure: The Report of the Working Group on Intellectual Property Rights (Bruce Lehman ed. Sept. 1995) (full-text).
This Report represented the IITF Working Group on Intellectual Property Rights' examination and analysis of each of the major areas of intellectual property law, focusing primarily on copyright law and its application and effectiveness in the context of the NII. The approach of the Report was to discuss the application of the existing copyright law and to recommend only those changes that are essential to adapt the law to the needs of the global information society.
By providing a generalized legal framework, based on the extensive analysis and discussion of the way in which the law has been and should be interpreted, the White Paper lays the groundwork for the rapid and efficient development of the NII.
The Report dismissed the view of the Internet as a regulation-free zone:
|“||[A]ctivity on the Internet takes place neither in outer space nor in parallel, virtual locations. Satellite, broadcast, fax and telephone transmissions have not been thought to be outside the jurisdiction of the nations from which or to which they are sent. Computer network transmissions have no distinguishing characteristics warranting such otherworld treatment. Further, such a legal free-for-all would transform the Internet into a veritable copyright Dodge City. As enticing as this concept may seem to some users, it would hardly encourage creators to enter its confines.||”|
The Report's recommendations included: creating a public performance right for sound recordings; amending the library exceptions to permit broader use of digital technology; permitting certain reproductions and distributions of works for the visually impaired; adjusting the requirements for criminal copyright infringement to address large-scale infringement not motivated by profit; and providing legal protection for technological protection measures and copyright management information.
Draft report Edit
For a discussion of the draft version of this report, see Intellectual Property and the National Information Infrastructure: A Preliminary Draft of the Report of the Working Group on Intellectual Property Rights.
- ↑ Report, at 15.