Publishers v. Audible: An Army of Red Herrings

Audible has now filed its response to the publishers’ request for a preliminary injunction—twice. It filed the exact same brief to argue that it shouldn’t be preliminarily enjoined (Dkt. 34) and to argue that the complaint should be dismissed for failure to state a claim (Dkt. 41). Unfortunately for Audible, the repetition of fallacious arguments … Continue reading “Publishers v. Audible: An Army of Red Herrings”

Audible’s Planned Caption Service is Not Fair Use

Late last month, a group of publishers filed a complaint against Audible in the Southern District of New York asking the court to enjoin the audiobook distributor’s launch of a new audio-to-text transcription service. Although Audible has yet to file a response, a statement from the company—a subsidiary of Amazon since 2008—hints at a fair … Continue reading “Audible’s Planned Caption Service is Not Fair Use”

Publishers v. Audible: VCRs and DVRs to the Rescue?

On August 23, a group of publishers, including Penguin Random House, HarperCollins, and Simon & Schuster, sued Audible for copyright infringement. Audible, which is a subsidiary of Amazon, sells and produces audiobooks, and it planned to launch a new speech-to-text feature on September 10. The feature, dubbed Audible Captions, would automatically convert the licensed audio … Continue reading “Publishers v. Audible: VCRs and DVRs to the Rescue?”

Twenty Years Later, DMCA More Broken Than Ever

With Section 512 of the DMCA, Congress sought to “preserve[] strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in the digital networked environment.”[1] Given the symbiotic relationship between copyright owners and service providers, Congress meant to establish an online ecosystem where both would … Continue reading “Twenty Years Later, DMCA More Broken Than Ever”

How the Supreme Court Made it Harder for Copyright Owners to Protect Their Rights—And Why Congress Should Fix It

Earlier this week, the Supreme Court handed down its decision in Fourth Estate v. Wall-Street.com, a case examining the registration precondition to filing a suit for copyright infringement in the federal district courts. While I agree with the Court’s exegesis of the statute at issue, it’s worth noting how the Court’s construction leaves many, if … Continue reading “How the Supreme Court Made it Harder for Copyright Owners to Protect Their Rights—And Why Congress Should Fix It”

Supreme Court Holding on Recoverable Costs Misses the Mark

On Monday, the Supreme Court issued a decision holding that the “full costs” available to a prevailing party in a copyright dispute are limited to those litigation expenses specified as taxable under federal law. The opinion by Justice Kavanaugh reverses a Ninth Circuit interpretation of 17 USC § 505, which held that any costs incurred … Continue reading “Supreme Court Holding on Recoverable Costs Misses the Mark”

CPIP’s Sean O’Connor Files Comments with FTC on Consumer and Competition Concerns with Copyright Licensing

On December 21, 2018, CPIP Director of International Innovation Policy Sean O’Connor filed comments before the FTC as part of its hearings on Competition and Consumer Protection in the 21st Century. In October of 2018, Prof. O’Connor participated in the hearings on the Competition Policy and Copyright Law panel, and he submitted these comments to … Continue reading “CPIP’s Sean O’Connor Files Comments with FTC on Consumer and Competition Concerns with Copyright Licensing”

Arts & Entertainment Advocacy Clinic Students File Amicus Brief in Brammer v. Violent Hues

By Rachelle Mortimer & Grant Ossler* The Arts & Entertainment Advocacy Clinic at Antonin Scalia Law School recently filed an amicus brief in the Brammer v. Violent Hues case that is on appeal in the Fourth Circuit. The Clinic provides a unique opportunity for students interested in intellectual property and entertainment law. Each semester, students … Continue reading “Arts & Entertainment Advocacy Clinic Students File Amicus Brief in Brammer v. Violent Hues”

VIDEOS: Panel Presentations from the CPIP 2018 Fall Conference

On October 11-12, 2018, CPIP hosted its Sixth Annual Fall Conference, IP for the Next Generation of Technology, at Antonin Scalia Law School, George Mason University, in Arlington, Virginia. After the breakthrough technology that gave us the mobile technology revolution of the past fifteen years, another leap forward in technology is about to break out … Continue reading “VIDEOS: Panel Presentations from the CPIP 2018 Fall Conference”

Will the EU Finally Hold Internet Giants Accountable?

On July 5th, the European Parliament will vote on a draft of the Copyright Directive for the Digital Single Market that has major implications for the future of copyright law in the European Union and beyond. At the center of the debate is Article 13, a provision that would require online platforms that feature user-generated … Continue reading “Will the EU Finally Hold Internet Giants Accountable?”