George Mason University Antonin Scalia Law School

Twenty Years Later, DMCA More Broken Than Ever

a lightbulb shatteringWith 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 take on the benefits and burdens of policing copyright infringement. Read more

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

U.S. Supreme Court buildingEarlier 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 not most, copyright owners in the lurch. Read more

Supreme Court Holding on Recoverable Costs Misses the Mark

U.S. Supreme Court buildingOn 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 in the enforcement (or defense) of a copyright claim are recoverable, including expert witness and jury consultation fees. Read more

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

Sean O'ConnorOn 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 further expand upon the issues he discussed there. Read more

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

a gavel lying on a desk in front of booksBy 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. Read more

Will the EU Finally Hold Internet Giants Accountable?

gold 3D copyright symbolOn 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 content to screen uploads for infringing material. Read more

Despite Professors’ Misleading Rhetoric, CLASSICS is a Big Win for Everyone

the word "copyright" typed on a typewriterBy Matthew Barblan

America’s music industry is experiencing a historic moment. For the first time ever, stakeholders from across the industry have set aside their differences and come together to find a way to modernize our music licensing system. And what’s more, these diverse stakeholders—ranging from artists and record labels, to songwriters and music publishers, to the technology companies that distribute music throughout the country—have finally agreed on a framework for legislative reform. Read more

Debunking Criticism of the Copyright Small Claims Act

Cross-posted from the Mister Copyright blog.

the word "copyright" typed on a typewriterIt’s been six weeks since the Copyright Alternative in Small Claims Enforcement (CASE) Act (H.R.3945) was introduced to Congress by a bipartisan coalition of Representatives, and while there’s an abundance of support among politicians, creators, artists’ rights organizations, and the Copyright Office, some have been critical of the legislation. Read more

CPIP Fall Conference Papers Highlight How Intellectual Property Rights Promote Global Prosperity

2016 Fall Conference flyerBy Alex Summerton

The George Mason Law Review has just published the papers from our Fourth Annual Fall Conference, Intellectual Property & Global Prosperity, which was held at Antonin Scalia Law School, George Mason University, in Arlington, Virginia, on October 6-7, 2016. Read more

Innovate4Health: Miriam Bridges the Gap Between Developing-World Infrastructure and Cancer Detection

This post is one of a series in the #Innovate4Health policy research initiative.

Innovate4HealthBy Alex Summerton

Originally a disease diagnosed only in developed countries, cancer is now a leading cause of death in the developing world with over half of all new cases annually. Read more