COPYRIGHT
Q & A

A NEW APPROACH TO COPYRIGHT INFRINGEMENT ON THE WEB

Have you found your photos popping up on other people's Web sites without your permission? Congress is working on a solution to this problem. This summer, both the Senate and the House of Representatives passed legislation (S. 2037 and H.R. 2281) that will give Internet Service Providers (ISP) a strong incentive to remove infringing material placed on the system by a system subscriber.

As you may know, the ISPs have taken the position that they should not be liable when a system subscriber posts infringing material. However, the authors of the Clinton task force's White Paper felt that the ISPs should be liable. Under the proposed new law, an ISP will be able to escape liability for infringement if, on receiving notification of the claimed infringement, it expeditiously removes the material. This approach is a compromise created by representatives of the publishing industries and the ISPs.

The House and Senate versions of the legislation will go to conference committee this fall to work out differences between the two bills. Once the bill is signed by the president, you will have a new remedy if you find your photos being used on the Web without permission - sending a notification of infringement to the ISP for the site that posted your photos. You'll be able to find the name and Email address for the ISPs "designated agent" for receiving notifications of infringement on the ISPs Web site. For more information on the new law and the notification requirements, See "Copyright legislation" on my Web site, www.laderapress.com.