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47 A.L.I. Rep. 1 (2024-2025)

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Raymond J. Lohier Jr. of the U.S. Court of Appeals for the Second Circuit
and Randolph D. Moss of the U.S. District Court for the District of Columbia
(High-Volume Civil Adjudication session)




January 2025 Council


Meeting Update

At its meeting on January 23 and 24, 2025, the Council discussed and
approved, in part or in whole, drafts of six projects as listed below.
Complete Council Drafts are avai/able to members in the Projects section
of the ALI website; all approvals are subject to the discussion at the
meeting and the usual editorial prerogative.


COPYRIGHT

The Council discussed Council Draft No. 10, which contains § 6.09,
Performing or Displaying a Work Publicly; § 8.03, Vicarious Liability for
Copyright Infringement; subsection (e) of § 9.01, Remedies for Copyright
Infringement; § 9.07, Limitations on Remedies: Safe Harbors for Online
Service Providers; § 10.01, Copyright-Protection-and-Management Systems:
Generally; § 10.02, Circumvention of Copyright-Protection Systems; § 11.02,
Subject-Matter Jurisdiction and Extraterritoriality; § 11.04, Relationship
of Federal Courts to Copyright Claims Board; § 11.05, Preemption with
Respect to Other Laws; and § 11.06, The Relationship between Copyright
Law, Trademark Law, and Unfair-Competition Law.

Section 6.09 deals with the exclusive rights of a copyright owner to
perform or display a copyrighted work publicly, and the exclusive
right of the owner of a copyright in a sound recording to perform the
copyrighted work publicly by means of a digital audio transmission.
The comments  discuss performances and displays that are made
publicly based on where they occur; performances and displays that
are made publicly based on their having been transmitted or otherwise
communicated and whether actual transmission or communication is
required under this prong of the definition of publicly; and infringement
liability for embedding code within a webpage that causes a user's browser
to show copyrighted works stored on a third-party computer or website.


The Quarterly Newsletter of The American Law Institute
Volume 47 Number 1  Winter 2024-2025




    THE DIRECTOR'S LETTER
    BY DIANE   P. WOOD


    Shaping the Future of

    ALI:   A   Call   to   Action for

    Member Nomination

    Throughout the fall project season, I was
    excited again and again to see our Advisers
    and Members Consultative Group participants
    engaged in thoughtful, enthusiastic debate
    on our ongoing projects, including our
    Restatements of Copyright, Conflict of Laws,
    and Property, as well as the Principles project
    on High-Volume Civil Adjudication, to name
    a few. These areas of law are wide-ranging,
    and I am always impressed with the care
    our participating members and Advisers
    take in reviewing the drafts and providing
    direction to the Reporters. To accomplish all
    of this work, we bring together practitioners,
    judges, and academics with a wide range
    of subject-matter expertise, experiences,
    and viewpoints. This breadth of experience
    among our members and project participants
    is unique to the ALI process and vital to our
    projects' success.

    Ensuring that the Institute attracts and retains
    the top people across all of these dimensions
    remains an important Institute goal. At our
    Council meeting in January, the Chair of our
    Membership Committee, Daniel Rodriguez,
    reminded members of the ALI Council of the
    importance of identifying and nominating
    candidates for membership to the ALI. This
    is not only the role of the ALI Council, but
    a responsibility shared by all ALI members.
    Only with your help can we continue to bring
    in new voices to the Institute each year.

    The Institute needs every ALI member's
    contribution to this process to make sure that
    we identify the right professionals from all


    Continued on page 2

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