
Problem: Court reporters own the transcripts to all the trails for which they are the transcriber. This denies public review of the trials, causes a loss of historical record, and generally increases litigation costs.
Solution: Court reporters should be paid the basic transcription cost, shared equally by the prosecution and defense. This guaranteed transcription cost should be slightly more than two transcripts, which is what court reporters make on almost all trials. Also, the court reporter would retain a limited copyright for ten business day, after which the transcript would be released into the public domain.
What Happens: Court reporters still earn a good living, perhaps a slightly better one. Court reporters still have the chance of a “lottery ticket” for drawing the court case that is a media circus. If the news media is interested in a case, they will still purchase a transcript before it goes into the public domain. On the other hand, all transcripts will go into the public domain for later analysis.
Short term copyrights are not new. For example, stock quotes are copyrighted for only a few minutes. This does require a federal law change. The only downside is that an impovished defendent may be required to pay for the transcript; a small amount compared to all other costs involved.
Update 10/10/2006: I checked with a few sites, notably the National Court Reporters Association, and found this white paper. It appears that copyright per se does not apply, but innumerable state rules and laws apply. The short version is that court reporters are still deprived of their guaranteed sale of two copies of a deposition, but the state and other attorneys are deprived of electronic copies. In California, an ascii-text elctronic copy may cost about $5,000 without rights to copy.
