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Issue
Printers reproduce intellectual property in virtually every job performed
by a customer. The vast majority of these jobs are non-controversial from
an intellectual property point of view — the customer owns the work.
Unfortunately, some materials provided to printers are not so clear. Further,
as printers confront more digital files, it is less clear what is original
and what is not and what is owned by whom. Should PIA seek to protect
innocent infringers of copyright laws?
Status
Numerous bills have been considered in recent sessions of Congress to
address various issues of intellectual property ownership and use. The
Digital Millenium Copyright Act in 1998 was the most far-reaching. No
legislation dealing with innocent infringers was proposed in the 107th
Congress. However, it is anticipated that broad copyright legislation
will be proposed in the 108th.
Concerns
For most of the industry’s 500-year history, printers have been able
to accept the word of the customer that the material to be printed is
owned or controlled by the customer. While printers have always understood
limitations on reproducing materials that would be obvious violations
of copyright law, there have been relatively few cases where printers
who inadvertently reproduced copyrighted material have been subject to
more than incidental costs or penalties. The rise in digital files, internet
transmission and other new ways of providing information to printers may
change the printer's role. Also, “creators” of information may
have to become more aggressive in protecting their interests by pursuing
test cases involving the infringers, whether innocent or not. Unfortunately,
federal laws do not clearly protect innocent infringers such as printers
from legal liability for infringement of copyright.
Position
PIA supports legislation that protects the rights of intellectual property
owners but also protects innocent infringers from liability in the event
of inadvertent reproduction.
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