Commentary: No Matter What You Call It, the Inducing Infringement of Copyright Act Spells Trouble
INDUCE gives Big Content a hammer to smash new technology. INDUCE gives Big Content a hammer to smash First Amendment rights to even talk favorably about new technology. If you are as unsettled by this idea as I am, I suggest you at least write someone about it.
Current co-sponsors of the bill are (alphabetically):
Sen. Lamar Alexander (TN)
Sen. Barbara Boxer (CA)
Sen. Hillary Rodham Clinton (NY)
Sen. Thomas A. Daschle (SD)
Sen. Bill Frist (TEN)
Sen. Lindsey O. Graham (SC)
Sen. Patrick J. Leahy (VT)
Sen. Paul S. Sarbanes (MD)
Sen. Debbie Stabenow (MI)
Orrin Hatch, the Chair of the Judiciary Committee, could call for more hearings, or could simply schedule the current bill for a vote. The final bill likely will be reported out of the Committee no later than September, to allow some time for House consideration before the end of the term. While I don’t expect the final version of the bill to be as sweeping in its scope as the current language, I don’t think we should expect much substantive difference, either.
Fred Wilhelms is an entertainment attorney in Nashville, representing recording artists and songwriters on royalty and benefit issues. His clients include Howard Tate, Bettye LaVette, Sam Moore, Mark Farner, and Paul Revere. He has testified before the California Senate Committee on the Entertainment Industry's royalty accounting practices.
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