Copyright Office
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AIPLA Comments to Copyright Office on Group Registration of Two-Dimensional Artwork
April 2, 2024
Arlington, VA. April 1, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments in response to the U.S. Copyright Office's Notice of Proposed Rulemaking related to group registration of two-dimensional artwork. -
AIPLA Comments to Copyright Office on Group Registration of Updates to a News Website
February 22, 2024
Arlington, VA. February 20, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments in response to the U.S. Copyright Office's Notice of Proposed Rulemaking related to group registration of updates to a news website. -
AIPLA Comments to the Copyright Office on Copyright Law and Policy Issues Raised by Artificial Intelligence
October 30, 2023
Arlington, VA. October 30, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the U.S. Copyright Office in response to their Office Notice of Inquiry and Request for Comments (“RFC”) related to the study of copyright law and policy issues raised by artificial intelligence (“AI”) systems. -
AIPLA Comments on Joint Study on Non-Fungible Tokens (NFTs) and Intellectual Property
February 8, 2023
Arlington, VA. February 8, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the United States Patent and Trademark Office and the United States Copyright Office in response to their joint study on the issues of intellectual property law and policy associated with non-fungible tokens (NFTs). -
AIPLA Issues Statement Following the Passing of Former Register of Copyrights Marybeth Peters
September 30, 2022
ARLINGTON, VA. September 30, 2022 - The American Intellectual Property Law Association (AIPLA) released the following statement in response to the passing of former Register of Copyrights Marybeth Peters on September 29, 2022 -
AIPLA Asks Supreme Court to Address the Role of Transformativeness in the Copyright Fair Use Analysis
June 20, 2022
AIPLA files a brief in Andy Warhol Foundation for the Visual Arts v. Goldsmith, a case that addresses the role of transformativeness in the copyright fair use analysis. -
AIPLA Submits Comments to US Copyright Office Pursuant to Notice of Proposed Rulemaking: Copyright Claims Board - Active Proceedings and Evidence
February 10, 2022
On February 7, 2022, AIPLA submitted comments in response to the U.S. Copyright Office Notice of Proposed Rulemaking related to practice procedures before the Copyright Claims Board. AIPLA noted that the success of the CASE Act will turn in significant part on the simplicity and accessibility of the trial procedures. We commended the Office for its efforts to develop user-friendly Copyright Claims Board (“CCB”) procedures. AIPLA offered responses and comments to certain of the questions and rules raised by the Office in the Notice with regard to the management of parties; the management of the proceedings; discovery; evidence; hearings; and, post-determination proceedings.
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AIPLA Submits Comments to US Copyright Office Regarding Deferred Registration Examination Study
January 24, 2022
On January 24, 2022, the American Intellectual Property Law Association (AIPLA) submitted comments to the United States Copyright Office pursuant to the Notice of Inquiry related to the deferred registration examination study. The comments address perceived deficiencies in the current registration regime, benefits and drawbacks to offering a deferred examination option, legal or regulatory framework, filing fees, and more. -
AIPLA Submits Comments to U.S. Copyright Office Pursuant to Notice of Proposed Rulemaking Related to CASE Act Regulations
November 10, 2021
On November 10, 2021, AIPLA submitted comments to the U.S. Copyright Office pursuant to the Notice of Proposed Rulemaking (NPRM) related to CASE Act regulations. Comments provided included support for requiring claimants to provide contact information in the initial notice form and support for charging filing fees for counterclaims. A staggered fee structure was again suggested, and support was provided for an initial notice in a form that includes information required by the statute and additional basic information. An opt-out mechanism for claimants who receive a counterclaim was not supported, and concern was expressed regarding implementation of a mechanism whereby a respondent who has opted out of a CCB proceeding can change their mind and opt back in.
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AIPLA Submits Comments on Notification of Inquiry Regarding Copyright Alternative in Small-Claims Enforcement (“CASE”) Act Regulations
April 26, 2021
On April 26, 2021, AIPLA submitted comments to the U.S. Copyright Office on Notification of Inquiry regarding Copyright Alternative in Small-Claims Enforcement (“CASE”) Act Regulations. As a general matter, AIPLA believes that it is important to keep the procedures as straight forward and accessible as possible to ensure this will be a new, simple, and low-cost process to resolve small copyright claims. AIPLA encourages the Copyright Claims Board to publish standardized forms and instructions. Additionally, AIPLA is in favor of providing a Second Notice through the U.S. Postal Service. For ease of delivery, AIPLA is in favor of a Designated Agent directory. Online submission of opt-out notices should be encouraged, but a paper option is also recommended. To strike an appropriate balance of discovery, AIPLA recommends that the CCB require a standardized, initial disclosure of relevant information. -
Comments Submitted Pursuant to Sovereign Immunity Study: Notice and Request for Public Comment, 85 Fed. Reg. 34,252
September 2, 2020
AIPLA's comments in response to the above-referenced U.S. Copyright Office Notice and Request for Public Comment, in the wake of the U.S. Supreme Court’s ruling in Allen v. Cooper, 140 S.Ct. 994 -
Comments to Copyright Office on Registration Modernization
June 1, 2020
AIPLA supports and appreciates the Copyright Office’s efforts to modernize the copyright registration system. -
Recommendations on the Position of Register of Copyrights
March 23, 2020
AIPLA discusses the traits the association views as essential for the position of Register of Copyrights. -
Comments to Copyright Office Pursuant to Notification of Inquiry Regarding Online Publication
March 23, 2020
In AIPLA’s view, issues and confusion regarding “online” publication arise from the statute itself. If such issues are to be resolved, we believe that this is best done by Congress. -
Re: Comments Submitted Pursuant to “Notification of Inquiry,” 83 Fed. Reg. 52336 (Oct. 17, 2018)
October 17, 2018
The American Intellectual Property Law Association (AIPLA) is pleased to offer comments in response to the United States Copyright Office (the “Office”) Notification of Inquiry, 83 Fed. Reg. 52336, issued October 17, 2018, concerning various proposed efforts to modernize the registration process (NOI). -
AIPLA Comments Submitted Pursuant to "Notice of Proposed Rulemaking on Copyright Office Fees," September 21, 2018
September 21, 2018
While AIPLA recognizes the Copyright Office’s right and need to increase its fees periodically—and further recognizes that any proposed fee increase will ordinarily be met with some degree of reluctance by those incurring the increased expense—some of the Office’s proposed fee increases here raise certain questions and concerns for AIPLA members that we would like to bring to your attention. -
AIPLA Comments Submitted Pursuant to Request for Additional Comments Regarding Section 512 Study
February 21, 2017
Although the mechanisms of Section 512 are used now more than ever, many stakeholders believe the system can be improved substantially, and in a variety of ways that reflect the “great diversity among the categories of content creators and ISPs who comprise the Internet ecosystem.” -
AIPLA Comments on IT Modernization Plan
March 31, 2016
AIPLA supports funding the Copyright Office’s modernization efforts, including the goals reflected in the IT Plan, through a blend of fees for services and dedicated appropriated dollars. -
Comments Submitted Pursuant to Request for Comments Regarding “Mass Digitization Pilot Program,”
October 9, 2015
The American Intellectual Property Law Association (“AIPLA”) is pleased to have the opportunity to present its views on the above-referenced U.S. Copyright Office request for comments regarding “Mass Digitization Pilot Program,” 80 Fed. Reg. 32614 (June 9, 2015). -
AIPLA Comments Submitted Pursuant to Notice of Inquiry Regarding "Copyright Protection for Certain Visual Works,"
July 23, 2015
AIPLA believes the ease of unauthorized copying online is a major challenge to the licensing of visual works. -
AIPLA Comments Submitted Pursuant to Notices of Inquiry Entitled “Orphan Works and Mass Digitization; Request for Additional Comments and Announcement of Public Roundtables,”
May 21, 2014
The American Intellectual Property Law Association (AIPLA) is pleased to submit these comments in response the above-referenced Notices of Inquiry concerning the Office’s ongoing assessment of orphan works and mass digitization. -
AIPLA Comments on Notice of Inquiry Regarding "Technological Upgrades to Registration and Recordation Functions"
May 20, 2013
The American Intellectual Property Law Association (AIPLA) is pleased to offer the following comments concerning the U.S. Copyright Office Notice of Inquiry regarding “Technological Upgrades to Registration and Recordation Functions” published in the March 22, 2013, issue of the Federal Register, 78 Fed. Reg. 17722. -
AIPLA Comments Submitted Pursuant to Notice of Inquiry Regarding "Orphan Works and Mass Digitization"
February 4, 2013
The American Intellectual Property Law Association (AIPLA) is pleased to offer comments in response to the U.S. Copyright Office Notice of Inquiry entitled “Orphan Works and Mass Digitization” (the “NOI”), as published in the October 22, 2012 issue of the Federal Register. 77 Fed. Reg. 64555. -
AIPLA Comments on Remedies for Small Copyright Claims
January 16, 2012
AIPLA applauds efforts by Congress and the Copyright Office to ensure that copyright owners of all kinds–large and small–have the ability to effectively protect their rights in their works. -
AIPLA Comments to DMCA Rulemaking Regarding Exemptions to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
February 2, 2009
AIPLA agrees that, for certain classes of work, exemptions to the Digital Millennium Copyright Act's ("DMCA") anti-circumvention provisions are warranted. -
Comments Submitted Pursuant to Notice of Inquiry to Examine Issues Raised by “Orphan Works”
May 8, 2005
AIPLA agrees that difficulties in identifying and locating the owners of copyright in some “orphan works” present a genuine problem, and that society would benefit from greater access to such works.
Recent Advocacy
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AIPLA Comments to USPTO on Unlocking the Full Potential of Intellectual Property by Translating More Innovation to the Marketplace
May 14, 2024
Arlington, VA. May 14, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments in response to the USPTO’s Request for Comment regarding Unlocking the Full Potential of Intellectual Property by Translating More Innovation to the Marketplace. -
AIPLA Files Amicus Brief in REGENXBIO Inc. v. Sarepta Therapeutics, Inc.
May 14, 2024
Arlington, VA. May 10, 2024 - The American Intellectual Property Law Association (AIPLA) filed an amicus brief in support of neither party with the Court of Appeals for the Federal Circuit in REGENXBIO Inc. v. Sarepta Therapeutics, Inc., a case on appeal from the U.S. District Court for the District of Delaware. The district court held that cultured host cells containing a recombinant nucleic acid molecule were not eligible for patent protection under Section 101 of the Patent Act because the individual nucleic acid sequences used in the recombinant molecule were not modified or changed from their naturally occurring state. -
Supreme Court Affirms Eleventh Circuit’s Ruling in Warner Chappell Music, Inc. v. Sherman Nealy
May 9, 2024
On May 9, 2024, the Supreme Court issued a 6-3 decision in Warner Chappell Music, Inc., et al. v. Sherman Nealy, et al., affirming the Eleventh Circuit’s ruling that, provided suit is timely filed under the discovery rule, copyright damages are recoverable for infringements occurring prior to the Copyright Act’s three-year statute of limitations. The majority opinion is consistent with the amicus brief filed by AIPLA on December 1, 2023. To read the opinion of the Court, please click here.
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AIPLA Files Brief in Support of None of the Parties in Abitron Austria GmbH v. Hetronic International, Inc.
January 1, 2023
Arlington, VA. January 1, 2023 - The American Intellectual Property Law Association (AIPLA) filed a merits-stage amicus curiae brief in the U.S. Supreme Court case of Abitron Austria GmbH et al. v. Hetronic Int’l Inc., Case. No. 21-1043. -
AIPLA Comments on the Draft Amendment of the Anti-Unfair Competition Law of the People's Republic of China
December 22, 2022
Arlington, VA. December 22, 2022 - The American Intellectual Property Law Association (AIPLA) submitted comments to China’s State Administration of Market Regulation on the Draft Amendment of the Anti-Unfair Competition Law of the People's Republic of China.
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AIPLA Comments on the Draft Revised Chinese Patent Examination Guidelines
December 19, 2022
Arlington, VA. December 19, 2022 - The American Intellectual Property Law Association (AIPLA) submitted comments to the China National Intellectual Property Administration (CNIPA) on the Draft Revised Chinese Patent Examination Guidelines.
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AIPLA Comments on USPTO’s Diversion Program
November 10, 2022
Arlington, VA. November 7, 2022 - The American Intellectual Property Law Association (AIPLA) submitted comments to the United States Patent and Trademark Office on the Office of Enrollment and Discipline’s (OED) Diversion Pilot Program. -
AIPLA Comments to USPTO on Subject Matter Guidance
October 21, 2022
Arlington, VA. October 21, 2022 - The American Intellectual Property Law Association (AIPLA) submitted comments to the United States Patent and Trademark Office on the Office’s guidance on patent subject matter eligibility under Section 101 of the Patent Act. -
AIPLA Comments on Director Review, Precedential Opinion Panel Review, and Internal Circulation and Review of PTAB Decisions
October 21, 2022
Arlington, VA. October 21, 2022 - The American Intellectual Property Law Association (AIPLA) offered its response to the United States Patent and Trademark Office (“USPTO”) regarding the USPTO’s Request for Comments on Director Review, Precedential Opinion Panel Review, and Internal Circulation and Review of Patent Trial and Appeal Board Decisions. -
AIPLA Comments on 2022 Proposed Changes to the Rules of Practice of the U.S. Court of Appeals for the Federal Circuit
October 6, 2022
Arlington, VA. October 3, 2022 - The American Intellectual Property Law Association (AIPLA) submitted comments to the U.S. Court of Appeals for the Federal Circuit pursuant to the invitation for public comment on several proposed changes to the Rules of Practice.
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Jack Daniel’s Properties Inc. v. VIP Products LLC, No. 22-148, Amicus Brief filed 9/16/22
September 29, 2022
Arlington, VA. September 16, 2022,- The American Intellectual Property Law Association (AIPLA) filed an amicus brief in support of the Petition for Certiorari currently pending before the Supreme Court in Jack Daniel’s Properties Inc. v. VIP Products LLC, No. 22-148. The decision below, decided by the Ninth Circuit, involved the unauthorized use of trademarks and trade dress owned by Jack Daniel’s in connection with a dog toy product that purportedly parodied the Jack Daniel’s brand. Jack Daniel’s claimed that the dog toys infringed its rights under the Lanham Act. However, the Ninth Circuit held that the First Amendment protects all “humorous” or parodic uses of others’ trademarks regardless of the nature of the underlying product, becoming the first court to apply such protections outside of Lanham Act disputes involving artistic works.