Arnold
Lutzker has many years of experience in the legislative
area. He has represented library and educational associations
in connection with initiatives to reform copyright legislation,
protect databases and implement international copyright treaties.
He was selected as chief negotiator for these associations
in deliberations which culminated in enactment of the DMCA's
Online Service Provider Limitation on Liability and Database
Protection, and also served as chief lobbyist for the library
community in drafting, negotiating, and securing passage of
the TEACH Act, which will transform digital distance education.
Mr. Lutzker has also represented the Directors Guild of America
in connection with its effort to protect classic American
movies and to secure residuals for directors. In this capacity,
he has drafted copyright legislation, written testimony, and
prepared prominent witnesses (such as Steven Spielberg, George
Lucas, Woody Allen, Jimmy Stewart and Martin Scorcese) for
hearings before House and Senate committees.
Among the specific legislation with which Mr. Lutzker has
been involved are the following:
- The Satellite Home Viewers Act (1987)
During the 1980s an industry selling satellite receiving
dishes directly to homeowners burgeoned, and people were
able to get cable programming without paying cable fees.
Congress responded to the inequity by passing this law,
which creates a compulsory licensing scheme for satellite
home dish owners. Noncable private homes using satellite
home receiving equipment can be licensed by satellite
resale carriers, who are obligated to collect royalties
from the homes and pay them into a pool, which was initially
managed by the Copyright Royalty Tribunal and now by the
Librarian of Congress.
- The Berne Treaty Implementation Amendments (1988)
After more than 50 years of debate, the United States
finally joined the Berne Convention, the preeminent international
copyright treaty, with the passage of this act. At the
heart of the controversy were the Berne Convention's absence
of formalities as a prerequisite for copyright protection
and its reliance on moral rights, not recognized under
U.S. copyright law. During the 1970s U.S. copyright law
was amended to eliminate formalities, eliminating one
of the obstacles to joining the convention. The moral
rights issue was more complicated and after lengthy debate
an equivalent right was found to inhere in U.S. law. The
1988 amendments followed the resolution of these dilemmas.
- The National Film Preservation Act (1988)
Landmark legislation recognizing American films as an
art form.
- The Digital Millennium Copyright Act (1998)
Major copyright reform legislation passed to adapt U.S.
copyright law to the digital context. Among the major
elements of the DMCA are prohibitions on the circumvention
of technological measures designed to prevent access to
copyrighted digital works and protection from liability
for copyright infringement for online service providers.
Mr. Lutzker has written extensively on this law; for example,
see his primer on the act at http://www.arl.org/info/frn/copy/primer.html.
- The Sonny Bono Copyright Term Extension Act
(1998). This law, named for the popular singer-turned
Congressman, extends copyright protection for all covered
works for an additional twenty years, but includes a limited
exception, fought for by the library community, to permit
certain uses of works in the last 20 years of protection.
The firm filed an amicus brief in the U.S. Supreme Court
case, Eldred v. Ashcroft, 537 U.S. 186 (2003),
the legal challenge to the constitutionality of this act.
Litigation
& Appeals
- TEACH (Technology, Education, and Copyright
Harmonization Act) (2002). This law transforms
digital distance education by creating an exemption to
the exclusive rights of copyright owners to allow distance
education through digital networks involving government
bodies and accredited nonprofit educational institutions.
- The Copyright Royalty Tribunal Reform Act (2004).
This legislation is designed to replace Copyright Royalty
Arbitration Panels (CARPs) with a three-judge royalty
court.
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