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 Files Amicus Brief in The TriZetto Group, Inc. v. Syntel Sterling Best Shores Mauritius Limited
October 24, 2023
On October 18, 2023, the American Intellectual Property Law Association (AIPLA) filed an amicus brief in support of a petition for certiorari to the Supreme Court in The TriZetto Group, Inc. v. Syntel Sterling Best Shores Mauritius Limited (23-306) on the issue of whether unjust enrichment damages in a trade secret case should be considered independently of the victim’s own loss. -
AIPLA Files Amicus Brief with Court of Appeals for the Federal Circuit in In re: Xencor, Inc.
October 16, 2023
On October 6, 2023, the American Intellectual Property Law Association (AIPLA) filed an amicus brief with the Court of Appeals for the Federal Circuit in In re: Xencor, Inc., a case on appeal from the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board. The case concerns the Board’s rejection of patent claims directed to a treatment method involving administration of an antibody containing certain amino acid substitutions that increase the antibody’s half-life. The Board rejected the claims for lack of written description and as indefinite. -
AIPLA Comments on Changes to Duration of Attorney Recognition
October 10, 2023
Arlington, VA. October 6, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the US Patent and Trademark Office (USPTO) on their recent proposal on the changes to the duration of attorney recognition.
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H.R. 3301, CLASSICS Act
September 19, 2018
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H.R. 3945, CASE Act of 2017
September 19, 2018
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AIPLA Comments on FDA Public Hearing on Facilitating Competition and Innovation in the Biological Products Workplace
September 19, 2018
AIPLA requests that before making changes related to the Federal Register Notice and Public Hearing, FDA consider possible implications on intellectual property rights, the patent litigation scheme provided by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), and how that scheme compares with the patent litigation scheme provided by the Drug Price Competition and Patent Term Restoration Act of 1984 (referred to as the Hatch-Waxman Act). -
Letter to House Judiciary Committee in Support of Extending the USPTO Fee-Setting Authority
September 12, 2018
The American Intellectual Property Law Association submitted a letter to the House Judiciary Committee supporting H.R. 6758, which extends the USPTO’s fee-setting authority for eight years. -
AIPLA Comments to the Patent Public Advisory Committee Public Hearing in the Proposed Patent Fee Schedule
September 11, 2018
AIPLA has, in the past, expressed the view that fees, in the aggregate, should recover 100% of the costs of the USPTO, and that the relationship between “front-end” (filing, search, examination etc.) and “back-end” (maintenance, renewal, etc.) fees should be maintained. -
AIPLA/IPO/INTA Letter Urging the Senate Judiciary Committee to Take Up Legislation to Amend the Lanham Act
September 4, 2018
The American Intellectual Property Law Association along with the Intellectual Property Owners Association and the International Trademark Association submitted a letter to the Senate Judiciary Committee urging them to take up legislation to amend the Lanham Act to reestablish a consistent principle that would make injunctive remedies available in appropriate cases involving trademark counterfeiting, infringement, dilution, false advertising and cybersquatting. -
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., U.S., No. 17-1229, amicus brief on the merits supporting neither party, filed 9/4/2018.
September 4, 2018
The Federal Circuit erred in construing the on-sale provisions of 35 USC 102 by failing to recognize that a sale creates a prior art disclosure only if the sale makes the claimed invention “publicly available,” AIPLA argued in a September 4, 2018 amicus brief to the Supreme Court. -
AIPLA Supplemental AIPLA Comments on Competition and Consumer Protection in the 21st Century Hearings
August 20, 2018
AIPLA encourages the FTC to be sensitive to the special role of patents and other forms of intellectual property in fostering innovation that is the lifeblood of the U.S. economy, thereby enhancing competition in the U.S. and globally.