Technical Measures Consultations
The U.S. Copyright Office’s 2020 Report, Section 512 of Title 17 (“Section 512 Report”), acknowledged the important role technologies and technical measures can play in addressing internet piracy. Stakeholders have engaged in a range of voluntary collaborations and technical measures to supplement the enforcement framework, but further discussion and collaboration would help ensure that these measures provide a reasonable, effective, and flexible approach for all stakeholders involved. In a letter dated June 24, 2021, Senators Patrick Leahy and Thom Tillis requested that the Copyright Office “convene a representative working group of relevant stakeholders to achieve the identification and implementation of technical measures.”
To support further work on this topic, the U.S. Copyright Office has announced, via a Federal Register notice, a series of consultations on technical measures that identify or protect copyrighted works. The consultations will address current and forthcoming technologies for identifying or protecting works, including the technologies’ availability, their use-cases, and their limitations. Members of the public who seek to participate in the consultations should submit a statement of interest via regulations.gov to request to participate. The Copyright Office strongly encourages participation by individuals with experience currently using or developing relevant technologies. The Office also is accepting comments for the record by parties who do not wish to participate in consultations. More details about submitting a statement of interest or comments for the record by the February 8, 2022 deadline can be found in the Federal Register notice and the Instructions page.
The Office plans to hold a plenary session to launch these consultations on February 22, 2022, to be followed by smaller industry-sector specific consultations in 2022. Both the plenary and industry-sector based sessions will be held virtually over Zoom. The plenary session will be viewable by the public; registration information to view that event will be made available closer to that date.