Nimmer Changes His Tune: “Making Available” is Distribution
Today’s guest post comes from Copyhype contributor Devlin Hartline. One topic of debate in copyright is over whether simply “making available” a file on a peer-to-peer network is itself a violation of...
View ArticleSkipping commercials isn’t infringement, but copying is
Currently, the four major US broadcasters are involved in litigation with satellite service provider Dish Networks. Judging by some of the stories online, you might think that the broadcasters are...
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Kirtsaeng v John Wiley & Sons
On October 29th the Supreme Court will hear oral arguments in Kirtsaeng v John Wiley and Sons, Inc. The case concerns the US Copyright Act’s importation provisions in 17 USC § 602 and the first sale...
View ArticleMore on Kirtsaeng v John Wiley & Sons
Last week, I took a look at Kirtsaeng v John Wiley & Sons, a case currently up for review at the Supreme Court, with oral arguments scheduled October 29th. There, the Court is faced with the...
View ArticleAereo takes its tiny antennas to Opposite Town
Last September, broadcasters and amici supporters filed their briefs in the Second Circuit in WNET v Aereo. Within the last week or so, Aereo and its amici began to file their briefs in response. You...
View ArticleWhat Kirtsaeng won’t answer
On Monday, the Supreme Court heard oral arguments in Kirtsaeng v John Wiley & Sons, a case dealing with the impact of copyright’s first sale doctrine — 17 USC § 109(a) — on the Copyright Act’s...
View ArticleThe United States’“odd” Kirtsaeng Argument
Last week, the Supreme Court held oral arguments in Kirtsaeng v John Wiley & Sons. You can read a transcript of the arguments or listen to audio of the arguments. The US Government, through the...
View ArticleOverturn Quality King?
If you get confused reading about Kirtsaeng v John Wiley & Sons, the Supreme Court case argued last week involving copyright’s importation provisions and the first sale doctrine, you are not alone....
View ArticleHow Pandora Can Sue ASCAP
Internet radio service Pandora has been in the news in recent weeks as it gears up for a fight to reduce the amount it pays out to musicians, a fight that will take place in front of the public,...
View ArticleA Brief History of Webcaster Royalties
The House Judiciary Committee will be holding a hearing on music licensing today at 11:30EST. The hearing, which will be streamed live online, looks to focus on recent proposed legislation that...
View ArticleCreative Commons Celebrates Ten Years
The Creative Commons organization is celebrating its 10th anniversary this week. Founded in late 2001 by Lawrence Lessig, Hal Abelson, and Eric Eldred (of Eldred v Ashcroft fame), the organization...
View ArticleFirst Circuit Strikes a Pose: Harney v Sony Pictures
The line between permissible copying and infringement — appropriation and misappropriation — is a difficult one to draw. In part, this is because the statutes governing copyright offer relatively...
View ArticleShutting Down Megaupload Did Impact Digital Movie Sales
The majority of academic literature has found that piracy has a negative impact on movie and music revenues.1 This is accepted by all but a few filesharing denialists. The big question is, what does...
View Article“Manifestly ill-founded”: Pirate Bay Free Speech Argument Tossed
Last year, various individuals connected with the Pirate Bay reacted strongly to the refusal of the Swedish Supreme Court to hear their appeal in a copyright case against them. Peter Sunde exclaimed...
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A Closer Look at the Righthaven Standing Issue
Today’s guest post comes from Copyhype contributor Devlin Hartline. Cross-posted on the Law Theories blog. Love them or loathe them, notorious copyright enforcer Righthaven presents an interesting...
View ArticleHow Cablevision made a mess of the public performance right
The exclusive right to publicly perform a copyrighted work1 has been the source of a fair amount of confusion over its history. The Second Circuit’s 2008 decision in Cartoon Network v. CSC Holdings...
View ArticleCalculating Copyright: National Research Council Releases Copyright Report
Earlier today, the National Research Council of the National Academies has released a long-awaited report, Copyright in the Digital Era: Building Evidence for Policy. The report aims to identify gaps...
View ArticleDo Kim Dotcom’s lawyers think he’s guilty? The answer may shock you.
In a new “white paper” released today, Kim Dotcom’s lawyers come to the surprising conclusion that Kim Dotcom is not guilty. Shocking, right? Taking your case to the court of public opinion could be a...
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Copyright Review Principles and Consensus
Zechariah Chafee, a godfather of 20th century legal philosophy, wrote an influential article on copyright law in the early twentieth century.1 At that time, technology was exploding: for the first time...
View ArticleFurther Thoughts on Fair Use and the First Amendment
Cross-posted on the Law Theories blog. As a follow-up to my last post about why copyright is a right and fair use is a privilege, I wanted to respond to some of the issues brought up by people on the...
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