George Mason University Antonin Scalia Law School

IP Scholars Explain Why We Shouldn’t Use SurveyMonkey to Select Our Next Register of Copyrights

Washington D.C. at nightIn a letter submitted to House Judiciary Committee today, nine IP scholars (organized by CPIP’s Sandra Aistars) express their support for the Committee’s proposal to modernize the Copyright Office. The letter identifies three major challenges facing the Copyright Office, including “(1) insufficient funds, staff, and infrastructure to efficiently perform its core functions; (2) operational impediments stemming from its integration with the Library of Congress; and (3) potential risk of constitutional challenges to its decision-making authority should the Office take on increased regulatory or adjudicatory responsibility.” Read more

Librarians’ Contradictory Letter Reveals an Alarming Ignorance of the Copyright System

U.S. Capitol buidlingOn December 14th, a group of librarians sent a letter to Congress explaining why they believe the Copyright Office should remain under the control of the Library of Congress. Written by University of Virginia Library’s Brandon Butler, the letter is a self-contradicting and uninformed response to recent recommendations on reform of the Copyright Office offered by leading members of the House Judiciary Committee. Read more

Digital Single Market Must Protect the Rights of All Authors and Publishers

Cross-posted from the Mister Copyright blog.

a CD resting against a stack of booksIn 2015, the European Commission unveiled a plan to “create a free and secure digital single market” that would expand and standardize the EU’s digital economy for the benefit of consumers. The strategy was named the Digital Single Market and one of its objectives is to modernize the EU copyright framework to fit the digital age. Read more

Content Thief Turned Content Creator Rails Against Piracy

Cross-posted from the Mister Copyright blog.

cameraLast week, YouTube celebrity (yes, that’s a thing now) Olajide “JJ” Olatunji posted an expletive-filled tirade aimed at those illegally downloading his new movie “Laid in America.” After fans of Olatunji (aka KSI), whose YouTube page has over 14 million subscribers, began notifying him of the film’s availability on a number of illicit torrent sites, he lashed out at the people pirating the film, listing the many legal services offering his work, and explaining – in not so subtle terms – how illegally downloading the film hurts all who contributed to its creation. Read more

Second Circuit Brings Some Sanity Back to Transformative Fair Use

the word "inspiration" typed on a typewriterThe Second Circuit handed down an opinion in TCA Television v. McCollum earlier this week holding that a play’s inclusion of Abbott and Costello’s famous “Who’s on First?” routine was not transformative fair use. Given how expansive transformativeness has become lately, especially in the Second Circuit, the opinion is somewhat surprising. Read more

WALA and Arts & Entertainment Advocacy Clinic Hosting Copyright Clinic and Panel

cameraScalia Law’s Arts & Entertainment Advocacy Clinic and Washington Area Lawyers for the Arts (WALA) are hosting a Copyright Clinic and Panel on the evening of Tuesday, November 1st, 2016, at the law school.

The event, which is free and open to the public, will give local artists, authors, and photographers the opportunity to join Arts & Entertainment Advocacy Clinic students and attorneys for a discussion on important copyright issues. Read more

Professors Mislead FCC on Basic Copyright Law

U.S. Capitol buildingIn a letter submitted to the FCC late last week defending the Commission’s deeply flawed set-top box proposal,[1] a group of professors make an incredible claim: Everyone is perfectly free to distribute copyrighted works online however they please. No license? Read more

Criminal Copyright Infringement is Crime of "Moral Turpitude"

Cross-posted from the Law Theories blog.

sheet musicThis past Friday, the Board of Immigration Appeals held that criminal copyright infringement constitutes a “crime involving moral turpitude” under immigration law. The Board reasoned that criminal copyright infringement is inherently immoral because it involves the willful theft of property and causes harm to both the copyright owner and society. Read more

European Union Draws a Line on Infringing Hyperlinks

Cross-posted from the Mister Copyright blog.

a gavel lying on a table in front of booksLast week, the European Court of Justice—the judicial authority of the European Union—issued an anticipated decision in the Sanoma hyperlinking case, declaring that commercial linking with knowledge of unauthorized content constitutes copyright infringement. The opinion comes after years of similar cases in Europe stirred debate over whether linking to pirated works was a ‘communication to the public’ and therefore infringing, and provides a sensible test that protects the works of authors and creators while ensuring the internet remains a bastion of free speech. Read more

Scalia Law Alums Help Arts & Entertainment Advocacy Clinic Draft Influential Amicus Brief

Last spring, the Arts & Entertainment Advocacy Clinic at Scalia Law School filed an amicus brief on behalf of intellectual property law scholars in the Fox News v. TVEyes copyright infringement case. Assisting the students on the project was practicing IP attorney and Scalia Law alum Jennifer Atkins, who volunteered her time—and the time of her firm, Cloudigy Law—to work closely with the Clinic to craft a professional and influential brief. Read more