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Departure From Goodlatte

House Judiciary to Allow Copyright Hearings at Subcommittee Level

House Intellectual Property Subcommittee Chairman Hank Johnson, D-Ga., can hold copyright hearings at the subcommittee level in 2019, but the House Judiciary Committee will handle markups, his office told us. That's a shift from then-subcommittee Chairman Darrell Issa, R-Calif., who didn’t have copyright hearings or markups in 2018 at the direction of then-committee Chairman Bob Goodlatte, R-Va. (see 1901080033). Both men have retired.

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The committee needs to examine performing rights royalty payments for performers on broadcast radio, Johnson told us. He also cited patent revision as a priority in 2019. Lawmakers need to ensure an efficient and up-to-date system that allows innovation to “be brought to market as quickly as possible” and has “maximum protection for inventors, particularly small inventors,” he said.

Different leadership establishes different procedures, and this jurisdiction shift reflects the new majority, said Copyright Alliance CEO Keith Kupferschmid. Given the current agenda, it could be several months before the Judiciary Committee addresses IP issues, he said. Letting Johnson hold the occasional hearing could allow items to move forward before getting full committee consideration, Kupferschmid noted.

One music copyright lobbyist sees the jurisdiction shift as a “victory” for Johnson and the subcommittee. It's a more “normal order,” a music industry representative said, calling Issa’s situation more “uncommon.”

The administration is committed to combating IP-related issues globally on trade enforcement, market access, competition, digital trade, cybersecurity and rule of law, said the Intellectual Property Enforcement Coordinator Monday, issuing its annual IP report to Congress. The report cites trade secret theft, IP infringement, piracy, forced technology transfers and localization requirements, and highlights “landmark” passage of the Music Modernization Act in 2018 and the Copyright Office’s related ongoing rulemaking processes.

Industry groups Monday unveiled a CO submission, to be filed March 21, establishing the MMA’s mechanical licensing collective. The National Music Publishers’ Association, Nashville Songwriters Association International and Songwriters of North America also announced a MLC board and committee appointments and launched the MLC website.

The board's 14 members are music publishers BMG Vice President-Business Affairs Jeff Brabec, Sony/ATV Executive Vice President-Business and Legal Affairs Peter Brodsky, Kobalt Music Senior Vice President-Global Digital Partnerships Bob Bruderman, peermusic Senior Vice President-Legal and Business Affairs Tim Cohan, Abkco Chief Operating Officer Alisa Coleman, Pulse Music Group CEO Scott Cutler, Warner/Chappell Music Executive Vice President Paul Kahn, Universal Music Publishing Senior Vice President David Kokakis, Big Machine Music General Manager Mike Molinar and Concord Music Vice President-Legal & Business Affairs Evelyn Paglinawan. Songwriters on the board are Kara DioGuardi, Oak Felder, Kevin Kadish and Tim Nichols.