Ernest, provides additional insight into the ramifications of the INDUCE Act on his site( The Importance of…) in a new article titled The INDUCE Act and the Right to Prepare Derivative Works. His perspectives on this issue and many others in the realm of copyrights are extremely informative for those of us who are just now learning of the issues. Yet again, Ernest points out the details and effects that may not be obvious on first blush. Well, at the very least, they were not obvious to me:
Most of the commentary on the Act and what technologies, creativity and innovation it threatens have focused on two types of infringement, those of the right of reproduction (the right to make copies) and the right of public distribution. We should remember, however, that there are other exclusive rights that can be infringed. The intersection of the INDUCE Act with these other exclusive rights will create an even broader swath of technology and acts that Hollywood will have an effective veto over. Let’s consider one of these other rights and the technologies that might be affected.
According to 17 USC 106, the second exclusive right is the right “to prepare derivative works based upon the copyrighted work.”
That is a very scary proposition on a number of fronts as it could lead to so many more lawsuits, and legal bullying by large companies, driving innovators and fans into hiding, if not apathy. Ultimately, the INDUCE Act could prove harmful to the U.S. economy as we will lose ground to other nations who do not place such strict controls on innovation and product evolution.
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