What’s up with Rep. Lamar Smith (R-TX)? First, he prepares a bill that would, among other things, hike to severe levels the criminal penalties surrounding unauthorized digital content. Now, according to this piece from Editor & Publisher, Lamar is the sponsor of a little-noticed bill that would eliminate three free speech protections under trademark law. The bill is about to be signed into law.
Three exceptions under trademark law allow for limited use of others’ trademarks. These exceptions are:
—News reporting and commentary.
—Fair use.
—Non-commercial use.
By eliminating these exceptions, journalists, artists and other creators of intellectual property will no longer have simple legal defenses if they cite trademarks in newspaper articles, for example, or satirize a trademark in artwork, as another example. Smith says the bill, H.R. 683 or “The Trademark Dilution Revision Act,” is necessary to clarify the rights of trademark holders and to cut down on litigation.
Cynthia Brumfield at 11:06 AM|Comments(0)
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