Kilmer Reintroduces Bill to Close a Discriminatory Loophole in the Copyright Act
WASHINGTON, DC – Today, Representatives Derek Kilmer (D-Wash.), Ileana Ros-Lehtinen (R-Fla.), and Jared Polis (D-Colo.) reintroduced legislation to ensure all married couples have equal rights under the Copyright Act.
Companion legislation was reintroduced in the Senate by Senators Patrick Leahy (D-VT), Ed Markey (D-Mass.), Chris Coons (D-Del.), Sheldon Whitehouse (D-R.I.), and Al Franken (D-Minn.)
“The Copyright Act should treat all families equally” said Kilmer. “For more than 100 years, the Copyright Act has ensured that someone who owns the rights to an original work can pass them on to their next of kin. Artists inspire and entertain us and they should be able to share the proceeds of what they create with all members of their families. The bipartisan bill I’m reintroducing will ensure that all married same-sex couples may have access to these rights and are not discriminated against.”
“This bill is a step in the right direction to ensure that the spouses of copyright holders receive fair and equal treatment under the law,” said Ros-Lehtinen. “All married couples should be secure in the knowledge that one person’s copyright and its benefits will not be lost due to an out of date regulation. I will continue to work with Congressman Kilmer and my Congressional colleagues to ensure that all Americans can enjoy the same benefits and protections regardless of their sexual orientation or gender identity.”
A provision in the Copyright Act grants certain rights to widows and widowers. However, the Copyright Act defines widow or widower according to the laws of the state where the copyright owner dies. This means that if a same-sex couple lawfully marries in a jurisdiction that recognizes their marriage, but the copyright owner dies in a state that does not recognize the marriage, the widow or widower of the copyright owner would not be recognized as a surviving “spouse” under the Copyright Act. This legislation would recognize all lawful marriages – regardless of where the copyright owner had been living at the time of death.
“We believe that copyright law should treat all marriages equally, and we support this bill,” said Chris Dodd, former Senator and current Chairman of the Motion Picture Association of America.
“Copyright is a federal right guaranteed to all citizens. However, current copyright law does not in fact treat all artists equally,” said Directors Guild of America President Paris Barclay. “We believe the ability of a copyright owner to transfer the rights to their work to their lawfully married surviving spouse should be consistently applied to everyone, whether they currently live in a state that chooses to recognize their marriage as lawful, or one that does not. This legislation redresses that inequality.”
In the wake of the Supreme Court’s ruling in United States v. Windsor, federal agencies have revised interpretations of federal statutes to ensure that married same-sex couples are not being denied federal benefits. In some instances like the Copyright Act, Congressional action is needed to ensure same-sex married couples are not discriminated against.
The legislation is also supported by the American Civil Liberties Union, Directors Guild of America, Human Rights Campaign, SAG-AFTRA (Screen Actors Guild-American Federation of Television and Radio Artists), and Writers Guild of America, West.
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