Copyright Office
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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 Filed Amicus Brief with the Court of Appeals for the Federal Circuit in In re: Cellect, LLC
November 29, 2023
Arlington, VA. November 22, 2023 - The American Intellectual Property Law Association (AIPLA) filed an amicus brief with the Court of Appeals for the Federal Circuit in In re: Cellect, LLC. in support of a petition for rehearing en banc. -
AIPLA Submits Letter in Support of the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act
November 9, 2023
Arlington, VA. November 7, 2023 - The American Intellectual Property Law Association (AIPLA) submitted a letter to the Senate Judiciary Subcommittee on Intellectual Property in support of S. 2220, the “Promoting and Respecting Economically Vital American Innovation Leadership Act” (PREVAIL Act), as introduced in the 118th Congress. -
AIPLA Comments to ITA-NIST-USPTO on Collaboration Initiative Regarding Standards
November 8, 2023
Arlington, VA. November 6, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the US Patent and Trademark Office on a joint ITA-NIST-USPTO collaboration initiative regarding standards.
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1-800 Contacts v. Federal Trade Commission, 2nd Cir., No. 18-3848, amicus brief filed 06/14/2019.
June 14, 2019
The Federal Trade Commission erred in multiple respects in holding that the parties’ agreed-upon advertising prohibitions unreasonably restrain trade in violation of the Federal Trade Commission Act, AIPLA argued in a June 14, 2019, amicus brief. -
Testimony of Barbara A. Fiacco, AIPLA President-Elect, Before the Senate Judiciary Committee Hearing on “The State of Patent Eligibility in America: Part II”
June 5, 2019
As one of the fifteen witnesses, AIPLA President-Elect Barbara Fiacco presented the views of the Association during the Senate Judiciary Committee’s Subcommittee on Intellectual Property's second of three hearings on “The State of Patent Eligibility in America.” -
Hulu, LLC v. Sound View Innovations, LLC, IPR2018-01039, amicus brief filed 5/1/2019.
May 7, 2019
This Amicus Brief addresses the question of what is required for a petitioner to establish that an asserted non-patent reference qualifies as a “printed publication” at the institution stage. -
H.R.1 - For the People Act of 2019
April 18, 2019
This bill addresses voter access, election integrity, election security, political spending, and ethics for the three branches of government.
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Comments of the AIPLA to the current Standard Protective Order
March 29, 2019
The American Intellectual Property Law Association (AIPLA) is pleased to have this opportunity to provide comments on the current version of the USPTO’s Standard Protective Order for use in Trademark Trial and Appeals Board (TTAB) opposition and cancellation proceedings. In particular, this is to respond to the questions posed by the Board regarding access by in-house counsel to “Confidential – For Attorneys' Eyes Only” (AEO) material. -
Letter to USPTO on TTAB Standard Protective Order
March 29, 2019
AIPLA believes that whether it is appropriate for in-house counsel to have access to AEO information and documents should be a case-by-case determination, considering a variety of factors, including whether that counsel is in a competitive decision-making position, whether the parties are competitors, whether both parties have in-house counsel, the preference of individual clients, and the issues that may be relevant to the particular matter. -
AIPLA Comments on Proposed Rulemaking for Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants
March 18, 2019
AIPLA believes that the USPTO's proposed rule requiring the appointment of U.S. counsel to guide non-U.S. applicants, registrants, and parties in trademark matters is a useful and necessary first step in minimizing problematic filings, but is concerned that it will not fully address the issue. -
Comments on 2019 Examining Computer-Implemented Functional Claim Limitations for Compliance With 35 U.S.C. § 112
March 8, 2019
AIPLA applauds the Office for again providing practitioners and examiners with instructions on how to analyze patent claims including functional limitations under 35 U.S.C. §§ 112(f) and 112(b) and how to analyze claims for compliance with the enablement and written-description requirements under 35 U.S.C. §112(a).