Re: Copyright Reform Act, 1993

> In his copyright FAQ, version 1.1.2, Terry Carroll says that the Copyright
> Reform Act of 1993, if passed by Congress, would remove the requirement
> for copyright registration prior to bringing suit and would remove
> restrictions on statutory damages. Did the 1993 act pass? If so, did it
> in fact make those two changes?

Last I heard, they had stripped out and passed the provisions for abolishing the copyright tribunal, but the above changes did not pass in 1993, and I believe are still stuck in committee. Their prognosis is less certain now.

Personally, I think that part of the problem is that the suggested modifications will have significant impact on copyright law:

1. by abolishing the reasons to register, deposits will probably go from a couple of percent to near zero. Sure the law requires deposit, but the C/R office has to figure out that you created something before it can insist that you send in a deposit.
2. C/R litigation may go through the roof. C/R protection is now automatic, and cannot be lost through failure to properly mark. The Supreme Court has made it clear that attorneys fees when awardable are nearly automatic. Thus, withouth the requirement for early registration to get the atty fees, it becomes economicly jusifiable to litigate many small claims that before would have been turned away at the attys doorstep.

Bruce E. Hayden                 1720 South Bellaire Street
bhayden[_at_]csn.org                   1100 Colorado Tower Bldg.
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