H.R. 4279 would enhance remedies for violations of intellectual property laws.
Detailed Summary
Prioritizing Resources and Organization for Intellectual Property Act of 2007 - Amends federal copyright law to: (1) provide a safe harbor for copyright registrations that contain inaccurate information; (2) provide that copyright registration requirements apply to civil (not criminal) infringement actions; (3) require courts to issue protective orders to prevent disclosure of seized records relating to copyright infringement; (4) revise standards for civil damages in copyright infringement and counterfeiting cases; and (5) prohibit importing and exporting of infringing copies of copyrighted works.
Amends the federal criminal code with respect to intellectual property to: (1) enhance criminal penalties for infringement of a copyright, for trafficking in counterfeit labels or packaging, and for causing serious bodily harm or death while trafficking in counterfeit goods or services; and (2) enhance civil and criminal forfeiture provisions for copyright infringement and provide for restitution to victims of such infringement.
Establishes within the Executive Office of the President the Office of the United States Intellectual Property Enforcement Representative to formulate a Joint Strategic Plan for combating counterfeiting and piracy of intellectual property and for coordinating national and international enforcement efforts to protect intellectual property rights.
Directs the Under Secretary of Commerce for Intellectual Property and the Director of the U.S. Patent and Trademark Office (USPTO) to appoint 10 additional intellectual property attaches to work with foreign countries to combat counterfeiting and piracy of intellectual property.
Establishes within the Department of Justice (DOJ) the Intellectual Property Enforcement Division to be headed by an Intellectual Property Enforcement Officer (IP Officer).
Amends the Computer Crime Enforcement Act to modify grant programs for combating computer crime to include infringement of copyrighted works over the Internet. Directs the Office of Justice Programs of DOJ to make grants to state and local law enforcement agencies to combat intellectual property theft and infringement crimes.
Directs the Attorney General to: (1) review Computer Hacking and Intellectual Property (CHIP) units and provide such units with additional support and resources; (2) direct each U.S. attorney to review policies for accepting or declining prosecutions of criminal cases involving intellectual property theft; (3) deploy five additional Intellectual Property Law Enforcement Coordinators in foreign countries to protect the intellectual property rights of U.S. citizens; and (4) increase DOJ training and assistance to foreign governments to combat counterfeiting and piracy of intellectual property.
Status of the Legislation
Latest Major Action: 5/8/2008: Passed/agreed to in House. Status: On motion to suspend the rules and pass the bill, as amended Agreed to by recorded vote (2/3 required): 410 - 11 (Roll no. 300).
Points in Favor
Removes a loop hole that minimizes copyright penalties for infringing compilations.
Creates WHIPER, which could reduce international piracy of U.S. copyrights.
Points Against
Increases already stiff domestic penalties, without providing any real mechanism for copyright owners to recover lost value.
Provides no remedies to owners of unregistered copyrights.
Strongly favors large content owners over small content owners.
Visitor Comments
Elisabeth
I like this bill. I hope it is successful.
Don Marti
This bill would fund more government bureaucrats at a time of record deficits. At least make the businesses that would benefit from this bill pay for it, by funding it through fees on copyright registration and patent and trademark applications.
Bob
This is a much needed bill. By the way, there are already copyright fees in place.
john
another handout to antiquated big media
cathy
"antiquated big media"? This is one of the biggest industries the US has to offer to the world. We need to protect our IP. Take this away and huge industries will fall taking all of it's workers down as well. A huge blow to the US economy.
Richard
Yeah, that drug Czar-thing has worked out so well, this should be equally as effective. More laws, higher expense, people prosecuted for exercising their Fair Use rights...how about letting the free market work and let the IP-producers figure it out?!? I don't want to subsidize their failed marketing model. The unintended consequences from this staggeringly ill-conceived bill will be massive.
alan
This is not the appropriate place for the American government to be. Just as the war on drugs is such a benefit to us, I'm sure this will prove to be even more of a nightmare.
People need to educate themselves about copyright, and the ideas behind why it benefits society, then look at how its been perverted into a one-sided benefit, with society suffering.
If you want this, I want copyright lengths to become reasonable again. how about say 10 years?