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”

Notice-and-Staydown and Google Search: The Whack-A-Mole Problem Continues Unabated

After my last post discussing the necessity for notice-and-staydown to help copyright owners with the never-ending game of whack-a-mole under the DMCA, I was asked to clarify how this would work for Google Search in particular. The purpose of my post was to express the need for something better and the hope that fingerprinting technologies … Continue reading “Notice-and-Staydown and Google Search: The Whack-A-Mole Problem Continues Unabated”

Last Chance to Register for the Copyright and Technology NYC 2016 Conference

Tomorrow is the last chance to register for the Copyright and Technology NYC 2016 Conference. The conference will be held next Tuesday, January 19th, at New York University’s Kimmel Center. In addition to Matthew Barblan and Devlin Hartline from CPIP, participants will come from the following organizations: ASCAP BMI CBS CCIA Charter Communications Cisco Copyright … Continue reading “Last Chance to Register for the Copyright and Technology NYC 2016 Conference”

Endless Whack-A-Mole: Why Notice-and-Staydown Just Makes Sense

Producer Richard Gladstein knows all about piracy. As he recently wrote for The Hollywood Reporter, his latest film, The Hateful Eight, was “viewed illegally in excess of 1.3 million times since its initial theatrical release on Christmas Day.” Gladstein is not shy about pointing fingers and naming names. He pins the blame, in no small … Continue reading “Endless Whack-A-Mole: Why Notice-and-Staydown Just Makes Sense”

Join Us at the Copyright and Technology NYC 2016 Conference on January 19

Co-produced by GiantSteps, the Copyright Society, and Musonomics, the Copyright and Technology NYC 2016 Conference will be held at New York University’s Kimmel Center on Tuesday, January 19th. CPIP is a proud Media Sponsor of the event. The conference program is available here, and registration is still open here. Jacqueline Charlesworth, General Counsel and Associate … Continue reading “Join Us at the Copyright and Technology NYC 2016 Conference on January 19”

BMG v. Cox: ISP Liability and the Power of Inference

Cross-posted from the Law Theories blog. As readers are likely aware, the jury verdict in BMG v. Cox was handed down on December 17th. The jury found that BMG had proved by a preponderance of the evidence that Cox’s users were direct infringers and that Cox is contributorily liable for that infringement. The interesting thing, … Continue reading “BMG v. Cox: ISP Liability and the Power of Inference”

Principles and Priorities to Guide Congress’s Ongoing Copyright Review

Last week, CPIP published a new white paper, Copyright Principles and Priorities to Foster a Creative Digital Marketplace, by Sandra Aistars, Mark Schultz, and myself, which draws from the testimonies and scholarly writings of CPIP Senior Scholars in order to guide Congress as it continues its comprehensive review of the Copyright Act. The white paper … Continue reading “Principles and Priorities to Guide Congress’s Ongoing Copyright Review”

Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators

The Ninth Circuit’s opinion in Lenz v. Universal is out, and it’s a doozy. The main issue in the case is whether a rightholder has to consider fair use before sending a DMCA takedown notice. Section 512 requires the sender to state that she “has a good faith belief that use of the material in … Continue reading “Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators”