Re:My thoughts in response to the lawsuit against the Intern...
by wahern on Friday July 24, 2020 @12:22AM
(#23935706)
FWIW, here's the excerpt from the 1976 House Committee report regarding 504(c)(2) remittitur for libraries:
> In addition to the general "innocent infringer" provision clause (2) deals with the special situation of teachers, librarians, archivists, and public broadcaster's, and the nonprofit institutions of which they are a part. Section 504(c)(2) provides that, where such a person or institution infringer copyrighted material in the honest belief that what they were doing constituted fair use, the court is precluded from awarding any statutory damages. It is intended that, in cases involving this provision, the burden of proof with respect to the defendant's good faith should rest on the plaintiff.
Note that the circular seems to assume the apparent clerical error, "institution infringer copyrighted material", was intended to be "... infringes copyrighted material...", which makes sense as a simple typo--'r' instead of 's'. If so, the potential limitation in the statutory language to reproduction claims only, instead of any infringement claim such as distribution, may have been accidental; or an oversight, the committee being fixated on the increasing use of photocopying and the implications for libraries and schools.
> In addition to the general "innocent infringer" provision clause (2) deals with the special situation of teachers, librarians, archivists, and public broadcaster's, and the nonprofit institutions of which they are a part. Section 504(c)(2) provides that, where such a person or institution infringer copyrighted material in the honest belief that what they were doing constituted fair use, the court is precluded from awarding any statutory damages. It is intended that, in cases involving this provision, the burden of proof with respect to the defendant's good faith should rest on the plaintiff.
From page 163 of https://www.copyright.gov/history/law/clrev_94-1476.pdf
Also recited in a recent informational circular at page 22 of https://www.copyright.gov/circs/circ21.pdf
Note that the circular seems to assume the apparent clerical error, "institution infringer copyrighted material", was intended to be "... infringes copyrighted material...", which makes sense as a simple typo--'r' instead of 's'. If so, the potential limitation in the statutory language to reproduction claims only, instead of any infringement claim such as distribution, may have been accidental; or an oversight, the committee being fixated on the increasing use of photocopying and the implications for libraries and schools.