Law 633

Copyright

Statutory Drafting Exercise #2

Due Sunday, April 12, by 3:00 pm

 

Senators Thom Tillis and Chris Coons, the chairman and ranking member of the Senate Judiciary Committee Subcommittee on Intellectual Property, believe that the current section 512, enacted 22 years ago, no longer strikes the appropriate balance between the interests of creators and the interests of online services. They have announced their intention to write and introduce a bill that would replace section 512 with a new provision that would “ensure that tech companies and creators would have a shared stake in each other’s success for the ultimate benefit of consumers, artists, and the American economy overall.”

In 300 or fewer words, draft a new section 512 that completely replaces the current section with one that, in your view, strikes the right balance, and embodies that balance in more comprehensible prose than the current section. You may work alone or in teams of any size.

As with the first statutory drafting exercise, your amendment must reflect actual statutory language. Do not explain what it is you are trying to do -- the effect and intent of your amendment should be clear from the statutory language that you propose. You should anticipate that your classmates will be asked to explain what your amendment will accomplish, and then criticize its weaknesses and praise its strengths. Upload your draft to Canvas no later than 3:00 pm on Sunday April 12. If you work in a team, every member of the team should submit a copy of the draft. Please identify the members of your team either on the draft itself or in comments to your upload.