Tag Archives: court interpretations

Digital Media Licensing Association Submits Comments to Copyright Office On Making Available Right

On September 15, 2014, Nancy Wolff, on behalf of the Digital Media Licensing Association, Inc., together with various visual arts associations, responded to the Copyright Office’s Notice of Inquiry concerning its study on the right of making available.  Congress asked the Copyright Office to study whether the United States meets its obligations under various copyright treaties that require members to provide authors certain exclusive rights, including the exclusive right to make a work available to the public and to communicate to the public, including on the internet.

There have been some controversial court interpretations of the the display right in such a way that effectively swallows up visual artists’ making available right and communication to the public right online and that this interpretation is inconsistent with Congress’ intent. Read the entire article here.