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  • Why legal blogs are better than law reviews
    Because you can write sentences like this: Indeed, since the en banc decision was handed down, it seems that every conference and informal gathering in the field eventually morphs into trying to figure out what the majority was smoking opinion means,...
    by Copyrights & Campaigns
  • In An Effort to Prove They Cannot Learn
    ...the Cartel are once again attempting to use law and regulation to control your home entertainment experience. Funny, it seems like just yesterday I was ranting about how they had stupidly misunderstood the value of PVRs. Oh, right, sorry, that was...
    by Copyfight
  • Court issues TRO against BlueBeat; rejects "psycho-acoustic simulation" defense
    A federal court in Los Angeles today issued a temporary restraining order enjoining BlueBeat.com from selling and streaming tunes by The Beatles and other EMI artists, rejecting BlueBeat's argument that it created "new" recordings through a process...
    by Copyrights & Campaigns
  • ACTA Negotiations, Day Three: Secret Talks on Transparency
    ... , ACTA is quickly becoming so broadly discredited that it will be nearly impossible to garner public support for the treaty. "The secret copyright treaty" is hardly a selling feature for a treaty that may be dead-on-arrival in the minds of...
    by Michael Geist's Blog
  • Auditor General Wields Crown Copyright To Demand Takedown
    ...public domain. The issue generated some surprise from Industry Minister Tony Clement, who asked for examples about why crown copyright was a problem. This morning, the Auditor General provided a helpful example as her office has sent takedown...
    by Michael Geist's Blog
  • Introducing the 'psycho-acoustic simulation' defense to copyright infringement
    The works of virtually every major recording artist are now available, through legitimate channels, for digital download. Except, of course, for The Beatles. Rumors surface from time to time that the Fab Four will make it to iTunes, but, for now,...
    by Copyrights & Campaigns
  • Law Professor dismisses suit vs. Above the Law; no settlement; avoids sanctions and attorneys' fees
    Just eight days after filing his pro se suit over postings on the Above the Law legal blog, University of Miami Law School professor D. Marvin Jones has voluntarily dismissed his complaint, without a settlement. Jones v. Minkin Dismissal As Above the...
    by Copyrights & Campaigns
  • ACTA Negotiations, Day Two: What's On Tap
    ...Each Party shall provide for criminal procedures and penalties to be applied, even absent willful trademark counterfeiting or copyright or related rights piracy, at least in cases of knowing trafficking in: (a) counterfeit labels affixed to,...
    by Michael Geist's Blog
  • Revoking Email Posts
    ... Web & Software Development -- explains how to do it.) Another possibility is to hire an attorney to threaten the poster with a lawsuit claiming copyright infringement and invasion of privacy. Is It Worth the Effort? Keep in mind that hiring a...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • My next book
    There is nothing worse than having to take your own advice. The advice in question is giving consumers what they want. There has been a wide variety in the reviews of Moral Panics and the Copyright Wars, usually but not always along the fault lines...
    by Moral Panics and the Copyright Wars
  • It's People Like You What Cause Unrest
    The shocking part about this whole thing is that now, ten years or more into the Copyright Wars, we still have such stupid people in positions of control. Take this week's example, Alan Wurtzel. This specimen of executivius fossilus cartellae works...
    by Copyfight
  • Sydnor on IP Czar nomiee Espinel: 'widely respected...hard-working, substantive, pragmatic and sensible'
    Tom Sydnor of the Progress & Freedom Foundation has one of the most substantive takes I've read on IP Czar nominee Victoria Espinel, and the position she will assume if confirmed. Sydnor is a big fan: Personally, I conclude that President Obama...
    by Copyrights & Campaigns
  • The ACTA Internet Chapter: Putting the Pieces Together
    ...41 of the TRIPs which focuses on the enforcement of intellectual property. 2. A requirement to establish third-party liability for copyright infringement. 3. Restrictions on limitations to 3rd party liability (ie. limited safe harbour rules for...
    by Michael Geist's Blog
  • Govt Responds To IP Enforcement Criticism, Proposes Changes to Proceeds of Crime Rules
    ...government - received whatever assets could be seized arising from cases of infringement. As the government now notes: Under the Copyright Act, a copyright owner is able, pursuant to section 35 of the Act, to claim damages and profits from...
    by Michael Geist's Blog
  • Law Professor sues 'Above the Law' blog; time to go back to complaint-drafting school
    Above the Law is one of the nation's foremost chroniclers of the wackiness of the American legal system. And now Above the Law is an involuntary participant in a lawsuit that demonstrates the wackiness of the American legal system -- and the American...
    by Copyrights & Campaigns
  • Oshawa School Trustee Seeks Elimination Of Copyright Fees
    An Oshawa school trustee wants copyright fees eliminated for non-profit school boards in the wake of a new bill for $900,000 in photocopy fees.
    by Michael Geist's Blog
  • IP Czar confirmation hearings set for November 4
    The Senate Judiciary Committee has scheduled the confirmation hearings for Victoria Espinel's nomination as the first U.S. Intellectual Property Enforcement Coordinator -- aka "IP Czar" -- for this Wednesday at 2:00 p.m. Espinel's nomination received...
    by Copyrights & Campaigns
  • Clement on the State of Canadian Copyright Law
    ...is an important interview with Industry Minister Tony Clement. Of particular note is his perspective on the current state of copyright law in Canada. Notwithstanding the persistent fear mongering, Clement gets it absolutely right: "Canada and its...
    by Michael Geist's Blog
  • Brooklyn Law School backs down; will not voluntarily investigate & "name names"
    Brooklyn Law School has modified the position it took the other day, in which it had indicated it was going to actively investigate who may have been downloading MPAA movies or shows, and turn over the names for "enforcement" purposes. It sent out...
    by Recording Industry vs The People
  • House Ethics Committee staffer used peer-to-peer software; 'shared' confidential document
    The Washington Post just published a great scoop, getting its hands on a confidential internal memo compiled by the House Committee on Standards of Official Conduct (aka the Ethics Committee) that summarizes ongoing investigations into possible...
    by Copyrights & Campaigns
  • Church Steeples and Copyright
    ...in the form of framed prints, greeting cards, etc. Do I need a property release for a property that doesn't exist anymore? No (and you didn't need a property release in the first place). As the Dear Rich Staff has indicated in previous entries,...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Case against SUNY Albany students to be argued in 2d Circuit Fri Nov 20th
    In Arista v. Does 1-16, the appeal from the lower court's rulings has been set down for argument in the United States Court of Appeals for the Second Circuit, on Friday, November 20th, on the 2:00 P.M. calendar (pdf). The courthouse is located at 500...
    by Recording Industry vs The People
  • How Much of a Plot Can I Take?
    Dear Rich: Even after intensive legal research (i.e., an afternoon with Google), I'm still confused about the applicability of copyright protection to plots. If I stay away from specific language, from specific characters and locations, how closely...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Brooklyn Law School investigating its students for MPAA
    We have been advised that Brooklyn Law School students have received the following email from Brooklyn Law School: From: Phil Allred Date: October 28, 2009 11:49:41 AM EDT To: All Users Subject: [BLS] Illegal downloading This semester we have...
    by Recording Industry vs The People
  • Anti-Spam Bill Passes Committee Without Copyright Lobby Spyware Provision
    ...Minister Tony Clement was true to his word as the several provisions that would have watered down the legislation were dropped (third party referrals, exceptions for survey companies and self-regulated industries) as was a provision promoted by...
    by Michael Geist's Blog
  • Study Finds Canadian C-61 Anti-Circumvention Provisions Unconstitutional
    ...found in Bill C-61 were unconstitutional. The authors argue that the DRM provisions were "a poorly veiled attempt by the Government to strengthen the contractual rights available to copyright owners, in the guise of copyright reform and the...
    by Michael Geist's Blog
  • Both sides file objections to Magistrate Judge report in UMG v Lindor
    In UMG Recordings v. Lindor, both sides today filed objections to the Magistrate Judge's October 9, 2009, report and recommendation, which recommended that plaintiffs' motion to dismiss without prejudice be granted without conditions, and that...
    by Recording Industry vs The People
  • RIAA moves into fancy new Pennsylvania Ave. digs
    At least according to a preview of a new documentary on the Joel Tenenbaum case by Bricks and Mortar Media: On a more serious note, the title cards of the documentary contain several errors. The first card says: Since 2003, the Recording Industry...
    by Copyrights & Campaigns
  • Barbie Gets Fangs: Movie Tie-In Toy Deals
    ... for samples of licensing agreements between a movie producer and toy manufacturer governing copyrights and trademarks used in movie "tie-in" products. Do you have any...such deals are merchandising agreements built around a license to use the...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Government Commits to Withdrawing Lobby Spyware Changes
    Bill C-27, the anti-spam bill, is nearly through the Industry Committee with a limited number of changes. The Liberals have already stated that they would not be bringing forward the amendments promoted by the copyright lobby that would have...
    by Michael Geist's Blog
  • Canadian Musicians vs. Canadian Recording Industry Spokesperson
    The government continues to play catch-up with the copyright consultation submissions (my submission appeared on Friday). It has just posted two interesting contrasting submissions: the Canadian Music Creators Coalition, actual Canadian musicians who...
    by Michael Geist's Blog
  • Ontario Government To Cover Retroactive Access Copyright Bills
    The Ontario Ministry of Education has reportedly agreed to pay about $16 million in retroactive copyright fees to Access Copyright. The fees arise as a result of a recent Copyright Board decision.
    by Michael Geist's Blog
  • Shows #98 and 99 ? Prof. Jacqui Lipton, Prof. Elizabeth Townsend-Gard and Justin Levy ? posted and show #100 ? William Patry, Esq. ? coming!
    ...Prof. Elizabeth Townsend Gard and Justin Levy of Tulane University Law School, creators of the forthcoming Durationator. Anyone who is familiar with copyright law knows how difficult it can be to determine whether a work is copyright protected or...
    by Hearsay Culture
  • Animal Mascots, Therapy, and Fair Use
    ... and photographing them. (7) Is there any way around this problem such as publishing in a country with no laws on copyright or publishing anonymously? I feel very passionately about this topic and would be willing to consider creating the artworks...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Denying DVD consumers what they want
    An article in the LA Times discusses initiatives by some studios to perpetuate in the DVD rental market the classic tiered release schedule for movies. Apparently, too many consumers want to rent DVDs, rather than buy them immediately upon release....
    by Moral Panics and the Copyright Wars
  • Pandora in the NY Times
    Earlier this week the Times Magazine online published an extensive piece on Pandora, a service I've used for several years and started paying the premium for a year or so ago. Surprisingly, it looks like Pandora might actually turn a profit this...
    by Copyfight
  • DVD Duping? Edited Movies? Ixnay!
    ... business. Can I make copies of these DVDs and sell them on eBay? Does someone still own the copyright to the edited versions? The short answer is yes, someone owns the...those movies that fell in the public domain) and your duplication and sale...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • NPR makes copyright claim over anti-same-sex-marriage ad; another political fair use fight
    Another day, another news organization trying to suppress political speech it doesn't like through a suspect copyright claim. This time the victim is Stand for Marriage Maine, a group that supports Question 1, a Nov. 3 ballot measure that would...
    by Copyrights & Campaigns
  • DMCA (Copyright) Claim to Digg
    DMCA Notices: DMCA (Copyright) Claim to Digg; From: Minhaj-ul-Quran International To: Digg, Inc. Date: 2009-10-19
    by Chilling Effects Clearinghouse Notices
  • CBC's 22 Minutes on Canadian Copyright Reform
    Last night's 22 Minutes on CBC had a must-see segment parodying some of the arguments for Canadian copyright reform.
    by Michael Geist's Blog
  • CBC's 22 Minutes on Canadian Copyright Reform
    Last night's 22 Minutes on CBC had a must-see segment parodying some of the arguments for Canadian copyright reform.
    by Michael Geist's Blog
  • IP Colloquium: Can content survive online?
    UCLA Law School professor Doug Lichtman has posted another edition of his IP Colloquium podcast, this one featuring a conversation among 3 in-house counsel at top technology and entertainment companies: Brad Smith of Microsoft, Scott Martin of...
    by Copyrights & Campaigns
  • Liberals To Drop Controversial Copyright Lobby Spyware Amendments
    ...of Bill C-27 on Wednesday, sources in the Liberal Party advise that its MPs plan to withdraw several controversial copyright lobby-inspired amendments to the computer program and spyware provisions. Since first reported on Friday, thousands......
    by Michael Geist's Blog
  • Liberals To Drop Controversial Copyright Lobby Spyware Amendments
    ...of Bill C-27 on Wednesday, sources in the Liberal Party advise that its MPs plan to withdraw several controversial copyright lobby-inspired amendments to the computer program and spyware provisions. Since first reported on Friday, thousands......
    by Michael Geist's Blog
  • Conservatives Reverse on Watering Down Anti-Spam Bill
    ...take place on Wednesday. Assuming support for the Conservatives' changes, the remaining major issue is the spyware amendments promoted by copyright lobby groups such as the music and software industries. Lake indicated that the Conservatives were...
    by Michael Geist's Blog
  • Conservatives Reverse on Watering Down Anti-Spam Bill
    ...take place on Wednesday. Assuming support for the Conservatives' changes, the remaining major issue is the spyware amendments promoted by copyright lobby groups such as the music and software industries. Lake indicated that the Conservatives were...
    by Michael Geist's Blog
  • Roller Derby Blues: Do Jammers Need BMI License?
    ...has an ASCAP & BMI license. Does the roller derby team need one too? The short answer to your question is no, the rink's license is probably sufficient. Generally, a venue's performance license -- which permits public performances of copyrighted...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Canadian Universities Too Closed Minded on Open Access
    ... out from the Canadian Council for the Arts. Yet despite nearly $3 million in annual taxpayer support from those three sources alone, most university presses have opposed open access strategies. In fact, during the recently completed copyright...
    by Michael Geist's Blog
  • Canadian Universities Too Closed Minded on Open Access
    ... out from the Canadian Council for the Arts. Yet despite nearly $3 million in annual taxpayer support from those three sources alone, most university presses have opposed open access strategies. In fact, during the recently completed copyright...
    by Michael Geist's Blog
  • Divide Among Liberals Over Anti-Spam Bill?
    ...suggested a possible split among Liberal MPs over Bill C-27, the anti-spam bill. Canwest's coverage noted that the Liberal MPs have tabled motions designed to water down the bill. I blogged last week about motions promoted by copyright lobby...
    by Michael Geist's Blog
  • Divide Among Liberals Over Anti-Spam Bill?
    ...suggested a possible split among Liberal MPs over Bill C-27, the anti-spam bill. Canwest's coverage noted that the Liberal MPs have tabled motions designed to water down the bill. I blogged last week about motions promoted by copyright lobby...
    by Michael Geist's Blog
  • UK All Party Parliamentary Communications Group on Copyright
    The UK All Party Parliamentary Communications Group (apComms) is an independent group of MPs and Lords, from all political parties. Its take on copyright: We conclude that much of the problem with illegal sharing of copyrighted material has been...
    by Michael Geist's Blog
  • UK All Party Parliamentary Communications Group on Copyright
    The UK All Party Parliamentary Communications Group (apComms) is an independent group of MPs and Lords, from all political parties. Its take on copyright: We conclude that much of the problem with illegal sharing of copyrighted material has been...
    by Michael Geist's Blog
  • Public Art = Private Copyright
    ...I paint a picture of a statue that's located on a public street and then sell the picture, am I in violation of copyright law? Also, I should probably mention that the statue and I are in the U.S. and that the sculptor is alive (although I do...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • The Copyright Lobby's Secret Pressure On the Anti-Spam Bill
    ...spyware would not be permitted and would not qualify for the PIPEDA exceptions found in Section 7. The copyright lobby is deeply concerned that this change will block attempts to track possible infringement through electronic means. The Section 7...
    by Michael Geist's Blog
  • The Copyright Lobby's Secret Pressure On the Anti-Spam Bill
    ...spyware would not be permitted and would not qualify for the PIPEDA exceptions found in Section 7. The copyright lobby is deeply concerned that this change will block attempts to track possible infringement through electronic means. The Section 7...
    by Michael Geist's Blog
  • Permission Ahoy! Cruise Ship Photos Used in Book
    ... antiquated blogging program so The Dear Rich Staff suggests that you avoid prefacing requests with an anticipated time limit (whoa ... there goes another 30 seconds). The short and long answer to your question is that you're okay to use the...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Who Gives Permission -- the Publisher or the Author?
    ... not always -- the person to give permission. The reason we need to provide a longer answer is that often the author retains copyright ownership but grants exclusive rights to a publisher. So even though the book's title page says Copyright 2009...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • CFTPA Warns Against Targeting P2P in Copyright Reform
    ... 's copyright consultation submission includes the following comment that warns against targeting P2P as part of copyright reform: The CFTPA submits that it is almost a truism to state that the success of new business models for... original...
    by Michael Geist's Blog
  • Access Copyright: Reduce Fair Dealing, No Taping TV Shows or Format Shifting
    ...the Supreme Court of Canada is actually too broad. It states: Rather than an expansion of fair dealing, Access Copyright believes that it may be necessary to qualify the fair dealing provision as set out by the Supreme Court of Canada in the CCH...
    by Michael Geist's Blog
  • Patry Talk Today At U of Ottawa
    Bill Patry, Google's senior copyright counsel, will be giving a talk at 5:00 today at the University of Ottawa, Fauteux Hall.
    by Michael Geist's Blog
  • Till Copyright Do Us Part
    ...my daughter's wedding this past August we hired a photographer that relinquishes all copyrights to the photos. The package deal that we chose gave us a DVD album of the some 300 ...(and most pathetic) excuse for not duplicating the DVD -- you...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Japanese Court's Reversal in File-Sharing Case is a Clear Win for Software Innovators
    ... . The criminal proceeding against Kaneko turned on the issue of whether the Winny program "encouraged" file-sharing and copyright infringement. This approach is directly analogous to the idea of contributory infringement here in the U.S. The...
    by Panzer on Point
  • CRTC Calls For Expanded Copying For Private Use
    ...in the consultation, it used the opportunity to focus on three issues - tariff setting for radio, streamlining Copyright Board proceedings, and expanding the Copyright Act to legalize copying for private use. The CRTC argues that using fair...
    by Michael Geist's Blog
  • Ellora's Cave sends Copyright Complaint to SlideShare
    DMCA Notices: Ellora's Cave sends Copyright Complaint to SlideShare; From: Ellora's Cave Publishing To: SlideShare, Inc. Date: 2009-09-01
    by Chilling Effects Clearinghouse Notices
  • She Wants to Use Bloch Paintings on TV
    ...to use photographic reproductions prepared especially for the museum. Note, as we have indicated in previous posts, there is no copyright in a slavish photo reproduction of a public domain painting.If the work is in the public domain, why is...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • U Can't Touch This: What Can I Do with MC Hammer's Stuff?
    ... several setbacks suffered by the man many once considered too legit to quit. As for your questions, the short answers are: (1) Reproducing the personal photos, business records, and perhaps some of the related mementos, at your blog would be an...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Can I Use the Terminator's Arm?
    Dear Rich: I was asked to use the "terminator arm" in a trade magazine advertisement. I said no due to copyright issues. Afterwards I did a search and found a number of for-sale stock images of it or very close and listing it as " ... are available...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • DMCA (Copyright): House Owner to Blogger, Don't Link to my Photo!
    DMCA Notices: DMCA (Copyright): House Owner to Blogger, Don't Link to my Photo!; From: www.HaynesHouseLLC.com To: Google, Inc. [Blogger] Date: 2009-08-21
    by Chilling Effects Clearinghouse Notices
  • More on Hip Hop Songwriting Copyright
    ... . There is a convention among my hip hop clients that affords the beatmaker 50% of a song (and whether that is a copyright equity interest or simply a revenue-sharing interest is a matter of potential debate). But the bottom line is that, as a...
    by Noloâ?™s Patent, Copyright, and Trademark Blog