New Copyright Laws Signed by President

by Janette Spencer-Davis, Legal Editor, CCH Copyright Law Reports   

    The "Prioritizing Resources and Organization for Intellectual Property Act of 2008," (P.L. 110-403) was signed into law by President Bush on October 13, 2008. Referred to as the "PRO IP Act," the new legislation is designed to enhance remedies for violations of intellectual property laws. Under the new law, statutory damages would go from $7,500 to $1.5 million for infringing on a 10-song album. Currently, those damages are capped at $150,000 for the entire album. The law also creates a high-level "IP czar" within the White House to enforce the new provisions."

The "Webcaster Settlement Act of 2008" (P.L. 110-435) and the "Vessel Hull Design Protection Amendments of 2008" (P.L. 110-434) became law on October 16, 2008. The "Webcaster Settlement Act" authorizes webcasters to negotiate royalty rates with copyright holders for the performance of sound recordings over the Internet that differ from the rates set by the Library of Congress's Copyright Royalty Board.

The "Vessel Hull Design Protection Amendments" relate to vessel hull design protection and clarify the definitions of a hull and a deck. Specifically, the new legislation amends federal copyright law to specify that the design of a vessel's hull, deck, or combination of a hull and deck, including a plug or mold are protected. Currently, only the design of the vessel hull is protected, including a plug or mold. The law requires that Department of Defense rights in a registered design, including the right to build to such a design, be determined solely by provisions of federal Armed Forces law relating to rights in technical data or by the instrument under which the design was developed for the U.S. government. It also redefines "useful article" and "hull," and defines "deck" as the horizontal surface of the vessel that covers the hull, including exterior cabin and cockpit surfaces, and exclusive of masts, sails, yards, rigging, hardware, fixtures, and other attachments.

Text of the new laws will appear in an upcoming issue of Copyright Law Reports.

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