We understand that the ALI Council will consider Council Draft 3 (CD3) of the Restatement of the Law, Copyright (Copyright Restatement) project at its meeting on October 17-18, 2019. The Council may not appreciate how controversial a project this is: the U.S. Copyright Office, the U.S. Patent and Trademark Office, the American Bar Association’s Section of Intellectual Property Law, the New York City Bar Association’s Committee on Copyright and Literary Property, academics and other Advisers and Liaisons have expressed serious concerns about this and previous Council Drafts and Preliminary Drafts; indeed, the Register of Copyrights deplored the project as a “pseudo version” of the copyright law. The broad-based criticisms the project has incurred should urge the Council to proceed with great caution.
Intellectual Property Law | Law
Kernochan Center for Law, Media and the Arts
Jane C. Ginsburg & June M. Besek,
Letter to Council Members Regarding Council Draft 3,
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3965