Copyright Office Extended Collective Licensing Comment

On October 9, CDT filed comments regarding the Copyright Office’s proposed mass digitization pilot program. CDT reaffirmed its belief that any such program should be limited to licensing uses of copyrighted works that would not be covered by fair use or any other exception. The comments suggested that a licensing program to permit commercial, non-transformative uses of works might garner more user-side interest, while reducing concerns that imposition of a licensing regime on noncommercial uses might constrain uses already permitted by fair use or statutory exemptions. The comments also offer observations and suggestions on other questions raised by the Office’s proposal, such as implementation of the opt-out mechanisms for authors and the effect of the eventual sunset of the pilot program on long-term mass digitization projects.