LawUpdates.com - Copyright Law Updates

FCC Adopts New Rules Permitting TV Channel Sharing by Broadcasters; Enacts First Step Towards Freeing UP Spectrum under Incentive Auction

2012-05-8T23:45:12+00:00

New Statutes, Regulations and Rules || In the Matter of Innovation in the Broadcast Television Bands: Allocations, Channel Sharing and Improvements to VHF || The Federal Communications Commission (FCC) has taken its first step toward making a significant portion of spectrum currently used by the broadcast television service available for new uses.

FCC Modernizes Broadcast Television Public Inspection Files to Give the Public Online Access to Information Previously Available Only at TV Stations

2012-05-8T22:24:14+00:00

New Statutes, Regulations and Rules || In the Matter of Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligation || Broadcasters have kept what are now known as “public files” on paper since 1965 as part of their longstanding obligation to disclose community-relevant information for public review.

Copyright Office Conducts Proceedings on Exemption to Prohibition on Circumvention of Copyright Protection Systems

2012-05-2T17:50:40+00:00

New Federal Register Notices || Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies || The Copyright Office is conducting this rulemaking proceeding mandated by the Digital Millennium Copyright Act, which provides that the Librarian of Congress may designate certain classes of works as exempt from the prohibition against circumvention of technological measures that control access to copyrighted works when such circumvention is done to…

Legislation to Deregulate Television Market Introduced in House and Senate

2012-05-2T17:03:46+00:00

New Proposed Legislation || Next Generation Television Marketplace Act || U.S. Congressman Steve Scalise (R-Louisiana) and U.S. Senator Jim DeMint (R-South Carolina) have introduced the Next Generation Television Marketplace Act in both the U.S. House (H.R. 3675) and Senate (S. 2008).

Commentary: UMG Recordings v. Veoh Networks: Mere Hosting Not Enough to Comply with Actual Knowledge Requirement under DMCA

2012-02-21T18:51:28+00:00

Expert Legal Commentary || By Jeffrey J. Zuber and Ryan Smith || The Ninth Circuit has provided extensive guidance on one of the DMCA’s safe harbor statutes, § 512(c), in a case pitting a major music label versus an internet video-sharing website. In UMG Recordings, Inc., v. Veoh Networks, Inc., Nos. 09-55902, 09-56777, 10-55732, 2011 U.S. App. WL 6357788, (9th Cir. Dec.…

Copyright Office Proposes New Fee Schedule

2012-02-6T18:15:48+00:00

New Statutes, Regulations and Rules || Copyright Office Fees – January 24, 2012 || The Copyright Act (‘‘Act’’) provides that the Register of Copyrights may adjust certain fees based upon a study of the costs incurred by the Copyright Office (“Office”) for the registration of claims, the recordation of documents, and the provision of services. 17 U.S.C. 708(b).

Copyright Office Announces Proposals Received in DMCA Anticircumvention Rulemaking

2012-02-3T20:27:53+00:00

New Statutes, Regulations and Rules || Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies || The United States Copyright Office seeks comments on proposals to exempt certain classes of works from the prohibition on circumvention of technological measures that control access to copyrighted works.

Copyright Office Issues Corrections to Specialty Station List

2012-02-2T19:48:32+00:00

New Federal Register Notices || Cable Statutory License: Specialty Station List; Correction || The Copyright Office periodically seeks to update its list of specialty stations related to the use of the cable compulsory license. Specialty station status is determined by reference to the former regulations of the Federal Communications Commission in effect on June 24, 1981, which defined a specialty station as "a…

Copyright Law Legislation Seeks Equity for Visual Artists and their Intellectual Property

2012-02-1T18:51:05+00:00

New Proposed Legislation || The Equity for Visual Artists Act of 2011 || Congressman Jerrold Nadler (D-NY), the Ranking Member of the House Judiciary Subcommittee on the Constitution, has introduced legislation designed to let visual artists share in revenues generated by the resale of their works.

Copyright Office Publishes Report on Federal Copyright Protection for Pre-1972 Sound Recordings

2012-02-1T18:29:13+00:00

New Federal Register Notices || Federal Copyright Protection for Pre-1972 Sound Recordings || The U.S. Copyright Office has issued its report on Federal Copyright Protection for Pre-1972 Sound Recordings, as required under the Omnibus Appropriations Act of 2009.

Commentary: Apple v. Psystar: Ninth Circuit Upholds Validity of Software Licensing Agreements against Copyright Misuse Defense

2011-11-18T19:45:31+00:00

Expert Legal Commentary || By Thomas F. Zuber and Ryan Smith || The Ninth Circuit recently upheld the validity of conditional software licenses which avoid the pitfalls of the first sale doctrine. In Apple, Inc., v. Psystar, Corp., No. 10-15113, 2011 U.S. App. WL 4470623, (9th Cir. Sept. 28, 2011), the Ninth Circuit upheld a permanent injunction against Psystar due to its…

Commentary: Louis Vuitton Malletier v. Akanoc Solutions: Ninth Circuit Awards $11M in Damages against Web Host for Contributory Infringement

2011-11-2T22:37:08+00:00

Expert Legal Commentary || By Olivier A. Taillieu and Jeffrey J. Zuber || The Ninth Circuit recently affirmed contributory trademark and copyright infringement claims against a web hosting company which hosted an allegedly infringing website. In Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., Nos. 10-15909, 10-16105, 2011 U.S. App. WL 4014320 (9th Cir. September 9, 2011), the Ninth Circuit reiterated its view…

Copyright Office Releases a Preliminary Analysis and Discussion Document on Mass Digitization of Books

2011-11-1T21:13:44+00:00

New Statutes, Regulations and Rules || Legal Issues in Mass Digitization: A Preliminary Analysis and Discussion Document || The Copyright Office has published a Preliminary Analysis and Discussion Document that addresses the issues raised by the intersection between copyright law and the mass digitization of books.

Bipartisan Bill Combats Online Piracy

2011-10-31T18:24:18+00:00

New Proposed Legislation || Stop Online Piracy Act || A bipartisan group in the House has introduced legislation that expands protections for America’s intellectual property (IP) and combats the illegal distribution of counterfeit goods via rogue websites.

Copyright Office Initiates Study and Seeks Comments on Small Copyright Claims

2011-10-28T19:01:51+00:00

New Federal Register Notices || Remedies for Small Copyright Claims || The U.S. Copyright Office is undertaking a study at the request of Congress to assess whether and, if so, how the current legal system hinders or prevents copyright owners from pursuing copyright infringement claims that have a relatively small economic value (‘‘small copyright claims’’); and recommend potential changes in administrative,…

Two Top Administrators of NinjaVideo Website Plead Guilty to Criminal Copyright Conspiracy

2011-10-28T18:39:25+00:00

New Statutes, Regulations and Rules || U.S. v Joshua David Evans, et al. || Joshua David Evans, 34, of North Bend, Wash., and Jeremy Lynn Andrew, 33, of Eugene, Ore., have pleaded guilty for their roles in NinjaVideo.net, a website that provided millions of users with the ability to illegally download infringing copies of copyright-protected movies and television programs in high-quality formats.

Copyright Office Proposes to Discontinue Form CO in Registration Practices

2011-10-11T17:39:49+00:00

New Federal Register Notices || Discontinuance of Form CO in Registration Practices || The Copyright Office is proposing to amend its regulations to discontinue use of the Form CO application as an option for applying for copyright registration and to remove the references to CON 1 and CON 2 sheets.

Copyright Office Requests Comment on Classes of Works Whose Users Are Likely to be Adversely Affected Due to Prohibition on Circumvention

2011-10-11T17:22:28+00:00

New Statutes, Regulations and Rules || Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies || The Copyright Office is preparing to conduct proceedings in accordance with provisions of the Digital Millennium Copyright Act under which the Librarian of Congress, upon the recommendation of the Register of Copyrights, may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to…

Founder of NinjaVideo Pleads Guilty to Criminal Copyright Conspiracy

2011-09-28T17:43:20+00:00

New Statutes, Regulations and Rules || U.S. v. Matthew David Howard Smith || Matthew David Howard Smith, 23, of Raleigh, N.C., has pleaded guilty for his role in founding a website that provided millions of users with the ability to illegally download copyright-protected movies and television programs.

Copyright Royalty Judges Solicit Comments on Motion for Partial Distribution of Royalties from 2010 DART Sound Recordings Fund

2011-09-28T17:28:28+00:00

New Federal Register Notices || Distribution of 2010 DART Sound Recordings Fund Royalties || On August 23, the Copyright Royalty Judges received a motion for partial (98 percent) distribution of royalties from the Featured Recording Artists Subfund and the Copyright Owners Subfund of the 2010 Digital Audio Recording Technology (DART) Sound Recordings Royalty Fund.

EU Extends Copyright Protection for Performers and Sound Recordings from 50 to 70 Years

2011-09-13T17:50:34+00:00

New Proposed Legislation || Term of Protection for Copyright Performers and Sound Recordings || The Council of the European Union (EU) has adopted by qualified majority a directive extending the term of protection of the rights of performers and phonogram producers on music recordings within the EU from 50 to 70 years.

NinjaVideo Website Operators Charged with Criminal Copyright Conspiracy

2011-09-13T17:47:28+00:00

New Statutes, Regulations and Rules || U.S. v. Hana Amal Beshara, et al. || A federal grand jury has returned an indictment in Alexandria, Va., charging five individuals with one count of conspiracy and five substantive copyright infringement counts for their involvement with the Internet website NinjaVideo.net, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Neil H.…

Copyright Office Releases STELA Section 302 Report

2011-09-13T17:37:10+00:00

New Federal Register Notices || Report on Marketplace Alternatives to Replace Statutory Licenses || The Copyright Office has issued its report on marketplace alternatives to statutory licenses set forth in Sections 111, 119 and 122 of the Copyright Act, as required by Section 302 of the Satellite Television Extension and Localism Act of 2010 (STELA).

Senate Judiciary Committee Report Recommends Passage of Protect IP Act of 2011

2011-08-8T17:44:47+00:00

New Proposed Legislation || Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PROTECT IP Act of 2011 || The Senate Judiciary Committee on July 22, 2011 filed a favorable written report on the newly introduced anti-copyright infringement bill Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PROTECT IP Act of 2011 recommending that it be passed.

Copyright Royalty Judges Authorize Use of Proxy Reports to Permit Distribution of Royalties for Public Performance of Sound Recordings

2011-08-8T17:06:16+00:00

New Federal Register Notices || Notice and Recordkeeping for Use of Sound Recordings Under Statutory License || The Copyright Royalty Judges have amended their regulations to provide for proxy reporting of uses of sound recordings performed by means of digital audio transmissions under sections 112 and 114 of the copyright law for the period April 1, 2004, through December 31, 2009.