CLASSICS Act Provides Long Overdue Recognition for Legacy Recording Artists

By Matthew Barblan & Kevin Madigan One of the oddities of US copyright law is that sound recordings—the way that our favorite songs are captured on media so that we can listen to them over and over again—were not protected under federal law until the early 1970s. Unfortunately, when the federal Copyright Act was finally … Continue reading “CLASSICS Act Provides Long Overdue Recognition for Legacy Recording Artists”

CASE Act Set to Empower Creators and Impose Accountability

Next week, the Copyright Alternative in Small Claims Enforcement (CASE) Act is scheduled for markup before the House Judiciary Committee, promising long-overdue support for small creators and copyright owners in their fight against overwhelming infringement in the digital age. While the bill has bipartisan support and the backing of a wide array of individual creators, … Continue reading “CASE Act Set to Empower Creators and Impose Accountability”

TickBox Injunction Targets Blatant Inducement of Infringement

Late last month, a preliminary injunction was issued in favor of Netflix, Amazon, and six major studios in their case against the manufacturers of the set-top streaming device TickBox TV. The order comes as use of piracy-enabling streaming devices is on the rise, and it represents an initial victory in the fight against stream-based infringement. But while … Continue reading “TickBox Injunction Targets Blatant Inducement of Infringement”

Concerns over ALI Copyright Restatement Leave Project in Limbo

Over the past few weeks, widespread criticism has emerged over a superfluous and seemingly partisan effort to override existing copyright law. The target of concern is the American Law Institute’s (ALI) Restatement of the Law, Copyright project which—despite its stated mission to clarify copyright law—has been revealed as an influenced venture that could futher muddle … Continue reading “Concerns over ALI Copyright Restatement Leave Project in Limbo”

A New NAFTA Must Protect the Rights of Copyright Owners and Creators

Last week, the fifth round of the North American Free Trade Agreement (NAFTA) negotiations closed in Mexico City with tensions high and little progress made towards a modernized trade deal. While the most recent talks saw the U.S., Mexico, and Canada discussing (and disagreeing over) ways to resolve trade disputes and rules governing automobile tariffs, earlier meetings … Continue reading “A New NAFTA Must Protect the Rights of Copyright Owners and Creators”

Small Claims Bill Aims to Empower Copyright Owners and Creators

This month, Congress introduced a bill that would establish a long-discussed small claims court for copyright disputes. The legislation comes after a House Judiciary Committee proposal based on a four-year review of the US Copyright system and a 2013 report by the Copyright Office that recommended “the creation of an alternative forum that will enable copyright owners to pursue … Continue reading “Small Claims Bill Aims to Empower Copyright Owners and Creators”

International Trade Administration Report Highlights Strong Markets, Persistent Piracy

Last month, the International Trade Administration (ITA)—an agency in the US Department of Commerce that measures and promotes the export of nonagricultural services and goods—released its 2017 Top Markets Report, Media and Entertainment Sector Snapshot. The report provides updates on the steady growth of the US media and entertainment (M&E) sector, which includes the core … Continue reading “International Trade Administration Report Highlights Strong Markets, Persistent Piracy”

As Investment Moves Overseas, the US Must Restore its Gold-Standard Patent System

Venture capital investment in the United States has declined steadily for years, as investors abandon an uncertain domestic climate for more reliable opportunities in foreign countries. In a report on the current state of the entrepreneurial ecosystem, the National Venture Capital Association emphasizes the extreme decline in the US share of global venture capital in … Continue reading “As Investment Moves Overseas, the US Must Restore its Gold-Standard Patent System”

The Lawless Body – “Prior Judicial Opinions Did Not Bind the PTAB”

No just and coherent legal system would permit an administrative body to invalidate a property right that a court had previously upheld. Unfortunately, exactly that result was just endorsed by the Court of Appeals for the Federal Circuit in Novartis AG v Noven Pharm., Inc.  In its April 4 Novartis decision, the Federal Circuit affirmed … Continue reading “The Lawless Body – “Prior Judicial Opinions Did Not Bind the PTAB””

Lobbyists Continue to Invoke Discredited Junk Science to Push Patent Legislation

It seems no matter how many times the mole gets whacked, it keeps popping back up. The latest incarnation of this problem is a recent op-ed by Katie Johnson of the National Association of Realtors, which relies on a long since discredited study about the state of patent litigation in the United States.  She goes … Continue reading “Lobbyists Continue to Invoke Discredited Junk Science to Push Patent Legislation”