JOHN EVANS MR. CHAIRMAN, THANK YOU FOR THIS OPPORTUNITY. AS SOMEONE WHO IS ENGAGED IN THE TRAINING MEDIA BUSINESS DAY-TO-DAY, EVERY DAY, I CAN TELL YOU 35-868 O 90 - 5 WHILE SOME INSTANCES OF INFRINGEMENT ARE VERY LARGE, MOST INVOLVE A MODEST LOSS OF REVENUE... SAY, FIVE HUNDRED TO A FEW THOUSAND DOLLARS. BUT TO COMPANIES THE SIZE OF OURS, INFRINGEMENTS OF THIS MAGNITUDE REPEATED HUNDREDS OF TIMES A YEAR REPRESENT VERY SIGNIFICANT LOSSES. WE ESTIMATE INFRINGEMENT LOSSES TO MY COMPANY OF $1.5 MILLION PER YEAR. RECENTLY TMA ASKED ITS MEMBERS ABOUT THEIR OWN EXPERIENCES. EIGHTY-TWO PERCENT OF THEM SAID THAT WITHIN THE PAST FIVE YEARS THEY HAD REASON TO FILE AN INFRINGEMENT LAWSUIT. BUT ONLY 21 PERCENT ACTUALLY DID. FORTY-SIX PERCENT SAID THEY HAD SETTLED AN INFRINGEMENT CLAIM FOR LESS THAN ACTUAL DAMAGES BECAUSE THEY FEARED THEY WOULD BE UNABLE TO RECOVER THEIR ATTORNEY'S FEES. IMPORTANTLY, MR. CHAIRMAN, NINETY-SIX PERCENT SAID THAT IF THEY COULD BE CERTAIN OF RECEIVING ATTORNEY'S FEES IF THEY PREVAILED, THEY WOULD IN ALL LIKELIHOOD TAKE LEGAL ACTION TO DEFEND THEIR COPYRIGHTS. ULTIMATELY WE WISH TO AVOID LITIGATION AND FEEL THAT THE CERTAINTY OF PAYING ATTORNEY'S FEES WOULD DETER WOULD-BE COPYRIGHT INFRINGERS. H.R. 671 IS ESSENTIAL RELIEF FOR SMALL COPYRIGHT OWNERS. AND WOULD BE A STRONG GUARANTOR OF ACTION FOR SMALLER COPYRIGHT OWNERS TO PROTECT THEIR RIGHTS. WE BELIEVE THIS BILL WILL STRONGLY PROMOTE CREATIVITY AND IS FULLY CONSISTENT WITH ESTABLISHED COPYRIGHT POLICY. CREATIVITY FROM ALL SOURCES, WHATEVER THEIR SIZE, SHOULD BE PROTECTED AND ENCOURAGED. MR. CHAIRMAN, PLEASE GIVE US INDIVIDUAL ENTREPRENEURS AND SMALL BUSINESSES THE TOOLS WE NEED TO PROTECT OUR RIGHTS. IN SO DOING, YOU WILL EXPAND PUBLIC ACCESS TO COPYRIGHTED WORKS AND ENHANCE THE QUALITY AND DIVERSITY OF PRODUCTS FROM AMERICA'S COPYRIGHT ENTREPRENEURS. WE URGE THIS SUBCOMMITTEE TO ACT SOON, AND FAVORABLY, ON H.R. 671. THANK YOU. |