Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases

Here’s a brief excerpt of my new post that was published on IPWatchdog: Here’s where we are after Capitol Records v. Vimeo: A service provider can encourage its users to infringe on a massive scale, and so long as the infringement it encourages isn’t the specific infringement it gets sued for, it wins on the … Continue reading “Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases”

IP Scholars to FCC: It's Not About "The Box"

This past April, we joined other IP scholars in explaining how the FCC’s proposed set-top box rules would undermine the property rights of creators and copyright owners. In reply comments filed last month, the EFF and a group of IP academics argued that the proposed rules would not implicate any copyright owners’ exclusive rights. Yesterday, … Continue reading “IP Scholars to FCC: It's Not About "The Box"”

Radiohead Video Makes Unauthorized Use of Fictional Characters

Cross-posted from the Mister Copyright blog. Last month, Radiohead released their ninth studio album, A Moon Shaped Pool, after a five-year hiatus from recording. In true Radiohead fashion, the album’s release was preceded by a unique succession of mysterious social media postings, teaser artwork and music videos for the singles Burn the Witch and Daydreaming. … Continue reading “Radiohead Video Makes Unauthorized Use of Fictional Characters”

FCC’s Extreme Proposal Threatens the Livelihood of Creators

By Matthew Barblan & Kevin Madigan Earlier this year, the FCC proposed a new regulatory scheme ostensibly designed to improve the market for pay-TV set-top boxes. Chairman Wheeler claimed that the proposed rules would “tear down the barriers that currently prevent innovators from developing new ways for consumers to access and enjoy their favorite shows … Continue reading “FCC’s Extreme Proposal Threatens the Livelihood of Creators”

Google Image Search and the Misappropriation of Copyrighted Images

Cross-posted from the Mister Copyright blog. Last week, American visual communications and stock photography agency Getty Images filed a formal complaint in support of the European Union’s investigation into Google’s anti-competitive business practices. The Getty complaint accuses Google of using its image search function to appropriate or “scrape” third-party copyrighted works, thereby drawing users away … Continue reading “Google Image Search and the Misappropriation of Copyrighted Images”

Copyright Policy Should Be Based On Facts, Not Rhetoric

Here’s a brief excerpt of a post by Kevin Madigan & Devlin Hartline that was published on IPWatchdog. After nearly twenty years with the DMCA, the Copyright Office has launched a new study to examine the impact and effectiveness of this system, and voices on both sides of the debate have filed comments expressing their … Continue reading “Copyright Policy Should Be Based On Facts, Not Rhetoric”

Separating Fact from Fiction in the Notice and Takedown Debate

By Kevin Madigan & Devlin Hartline With the Copyright Office undertaking a new study to evaluate the impact and effectiveness of the Section 512 safe harbor provisions, there’s been much discussion about how well the DMCA’s notice and takedown system is working for copyright owners, service providers, and users. While hearing from a variety of … Continue reading “Separating Fact from Fiction in the Notice and Takedown Debate”

Middle Class Artists Want a DMCA System That Works

The following guest post comes from Rebecca Cusey, a second year law student at George Mason University School of Law. By Rebecca Cusey Mason Law’s Arts & Entertainment Advocacy Clinic filed comments today with the U.S. Copyright Office detailing the frustrations and futilities experienced by everyday artists as they struggle with the DMCA system to … Continue reading “Middle Class Artists Want a DMCA System That Works”

Copyright Scholars: Courts Have Disrupted the DMCA's Careful Balance of Interests

The U.S. Copyright Office is conducting a study of the safe harbors under Section 512 of the DMCA, and comments are due today. Working with Victor Morales and Danielle Ely from Mason Law’s Arts & Entertainment Advocacy Clinic, we drafted and submitted comments on behalf of several copyright law scholars. In our Section 512 comments, … Continue reading “Copyright Scholars: Courts Have Disrupted the DMCA's Careful Balance of Interests”

Attacking the Notice-and-Staydown Straw Man

Ever since the U.S. Copyright Office announced its study of the DMCA last December, the notice-and-staydown issue has become a particularly hot topic. Critics of notice-and-staydown have turned up the volume, repeating the same vague assertions about freedom, censorship, innovation, and creativity that routinely pop up whenever someone proposes practical solutions to curb online infringement. … Continue reading “Attacking the Notice-and-Staydown Straw Man”