Authors Asked to Fight Trademark Bill--please help--FIRST AMENDMENT

[janx]

Forwarded from my publisher today:

The Authors Guild is asking its members to contact senators who sit on the Senate Judiciary Committee to urge them to make a change in a trademark bill that has the potential to weaken free expression protections. The bill, known as H.R. 683 and which has already passed the House, is aimed at clarifying the dilution provisions of trademark law by providing stronger trademark protections. But as written, the new law would remove liability protection currently in place on noncommercial and news reporting uses of trademarks. The Guild wants the Senate to reinstate these existing noncommercial exclusions to the bill.

Failure to do so, said the Guild's Paul Aiken, "could muddy the waters" on what trademarks can be legally used by authors in fiction and nonfiction works. In the example cited by the Guild--Tom went to McDonald's, had a Coke and waited for the Harley to arrive--an author who used those trademarked names could be exposed to greater liability under the proposed bill than the existing law.

Aiken said the Guild is not sure if the proposal to remove the exclusion was done "accidentally or on purpose," but that if the bill is passed in its current form it could lead to litigation or intimidation of authors by corporations.

[ThoughtCriminal]

1. Constitutionally questionable

Without the fair use exemptions, I have doubt that the trademark statutes would hold up against a First Amendment challenge. The problem is, very few defendents can afford to fight a Cease and Desist, even fewer a court fight with appeals. And considering the pro-corporate slant of the current Supreme Court, pretty much anything goes.

I've sent a polite protest to Senator Kyl (R-AZ), but I'll be surprised if doesn't think that this kind of corporate controlled censorship is just swell. Who's lobbying for this crap anyway?

Photographers are also very concerned about the bill since almost any photograph taken in a public place is likely to include trademark images:

http://www.stockphotographer.info/content/view/77/98/

[janx]

2. Thank you!

This should be of concern not just to members of the Authors' Guild. I'm forwarding this everywhere and hoping from some help from DU.

Small press authors will be hit hard, and it's from small presses that we get our most original stories. Small press authors are not, as a rule, wealthy enough to be able to hire lawyers.

I'm sure the same holds true for photographers.

I don't know who is lobbying for this crap, and the statement from the Guild is careful not to assign blame, but it's the age old question, I guess, of whether people are well meaning and stupid or whether they have some ulterior motive.

Either way, the bill would serve to stifle free speech and creativity.

[janx]

3. Sinking like a rock because Cheney shot a guy in the face...

MUST KICK!

:dem:

[janx]

4. OMG

kick

[ThoughtCriminal]

5. Good News/Bad News at Senate Hearings today

Still with you janx. Btw - I first learned about this bill at DU a few weeks ago.

There is major news on this today:

http://www.citizen.org/hot_issues/issue.cfm?ID=1302
<snip>
Public Citizen praises committee changes in trademark bill that will protect free speech
"Public Citizen today commended the Senate Judiciary Committee for accepting some of the organization’s recommended changes to the Trademark Dilution Revision Act. The changes will protect individuals and small businesses that refer to companies by their trademarks. However, a major loophole, which was slipped into the original bill without any explanation, remains and will make it difficult for individuals who are sued for trademark violations to defend themselves."
<snip>

Press Release:
http://www.citizen.org/pressroom/release.cfm?ID=2140
<snip>
“The bill adopted today by the Judiciary Committee restores the non-commercial use defense for trademark dilution cases but still eliminates it in infringement cases,” said Joan Claybrook, Public Citizen president. “It is critical that this be corrected on the Senate floor, as it will spawn lots of frivolous corporate litigation against artists, consumers, illustrators and others who are merely expressing opinion.”
<snip>

Public Citizen has been a leader in fighting this legislation:
http://www.citizen.org/hot_issues/issue.cfm?ID=1288

So has the EFF:
https://secure.eff.org/site/Advocacy?JServSessionIdr008=ah5ldmkvc1.app13b&cmd=display&page=UserAction&id=113

House Hearings on HR 683 (HTML and PDF)
http://judiciary.house.gov/hearings.aspx?ID=81


Much more more, if you Google:
Trademark Dilution Revision Act