Senator Ron Wyden, Stop Harming Independent Creators

Here’s a brief excerpt of a post by CPIP Senior Scholar Eric Priest and Professor Sean Pager that was published at IPWatchdog: As the current pandemic eviscerates jobs throughout our economy, Congress has a rare opportunity to improve the lot of one long-besieged group of workers: creators. Authors, songwriters, photographers, artists, filmmakers, and many other … Continue reading “Senator Ron Wyden, Stop Harming Independent Creators”

IP Scholars File Comments with OSTP on Public Access to Scholarly Publications

A group of intellectual property scholars filed comments yesterday with the Office of Science and Technology Policy (OSTP), asking it to forgo its plans to make all federally-funded scholarly publications free and open to the public upon initial publication. The comments were submitted in response to a notice of Request for Information (RFI) that was … Continue reading “IP Scholars File Comments with OSTP on Public Access to Scholarly Publications”

Copyright Notebook: Observations on Copyright in the Time of COVID-19

The Indomitable Spirit of Artists Heroes are everywhere. We all give thanks for the selfless efforts of medical professionals, first responders, delivery drivers, gig economy workers, grocery and pharmacy staff, and the many other individuals who daily place themselves at the center of the coronavirus pandemic in order to make our quarantined lives safe and … Continue reading “Copyright Notebook: Observations on Copyright in the Time of COVID-19”

Supreme Court Paves Way for Revoking State Sovereign Immunity for Copyright Infringement

Last week, the Supreme Court handed down its unanimous judgment in Allen v. Cooper, a copyright case involving both actual and metaphorical pirates. The actual pirate was Edward Teach, better known as Blackbeard, who captured a French ship in the Indies, renamed it Queen Anne’s Revenge, used it for piracy, and then later ran it … Continue reading “Supreme Court Paves Way for Revoking State Sovereign Immunity for Copyright Infringement”

Proposed Open Access Regulation is a Solution in Search of a Problem

Earlier this week, a coalition of over 125 publishers and non-profit scientific societies joined the Association of American Publishers (AAP) in a letter to the White House expressing serious concerns with a proposed Administration policy that would override intellectual property rights and threaten the advancement of scientific scholarship and innovation. In a flawed attempt to … Continue reading “Proposed Open Access Regulation is a Solution in Search of a Problem”

The CASE Act: Why Creators Need a Small Claims Tribunal

The Center for the Protection of Intellectual Property (CPIP) and the Intellectual Property Law Society (IPLS) at Antonin Scalia Law School, George Mason University, invite you to a panel discussion on the CASE Act. The CASE Act: Why Creators Need a Small Claims Tribunal Thursday November 14, 2019 4:45 – 6:00 PM Antonin Scalia Law … Continue reading “The CASE Act: Why Creators Need a Small Claims Tribunal”

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”

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”