Copyright Office Proposed Rulemaking on Designation of DMCA Agents For Takedown Notices

The Copy­right Office has announced a pro­posed rule­mak­ing to update the pro­ce­dures and require­ments for online ser­vice providers to des­ig­nate an agent to receive notices of copy­right infringe­ment under the DMCA safe har­bor provisions.

One of the key pro­posed changes is the Office’s move to elec­tronic fil­ing of the des­ig­na­tions, which would be stored in a pub­licly acces­si­ble online data­base.  This would be a great improve­ment over the cur­rent paper-based sys­tem.  The Office also pro­poses requir­ing each online ser­vice provider to ver­ify the accu­racy of the des­ig­na­tion every two years, and allow­ing OSPs to del­e­gate main­te­nance of the des­ig­na­tions to third par­ties.  There are lots of other pro­posed changes (and lots of new pro­posed fees), and spe­cific requests for pub­lic input.

The Office has pub­lished pro­posed new reg­u­la­tions, and is seek­ing pub­lic com­ments, which may be sub­mit­ted at the Copy­right Office web­site.

Here is a copy of the Notice from the Fed­eral Reg­is­ter, with all the details:

 

Version Control Blues: Failure to Keep Copy of Registered Version of Source Code Dooms Copyright Infringement Claim

HTML Code
Creative Commons License photo credit: Sebas­t­ian Fuss
A recent First Cir­cuit deci­sion high­lights the impor­tance of keep­ing records of revi­sions to com­puter soft­ware in copy­right infringe­ment cases.  The court affirmed sum­mary judg­ment against the plain­tiff because the source code it used to prove infringe­ment was from a later ver­sion of the soft­ware than the one reg­is­tered.  The court rea­soned that with­out com­par­i­son to the source code of the ver­sion actu­ally reg­is­tered, the plain­tiff could not prove that the copied code came from the reg­is­tered ver­sion. [Read more…]

Fall IP Conference in Philadelphia

 

 

 

 

 

 

 

 

 

The New York State Bar Asso­ci­a­tion Intel­lec­tual Prop­erty Law Sec­tion is hav­ing its Fall Meet­ing in Philadel­phia this year.  The pro­gram will take place Octo­ber 20–23 at the his­toric Rit­ten­house Hotel.
Reg­is­ter of Copy­rights, Maria Pal­lante, will be speak­ing, as will Direc­tor Kap­pos of the USPTO.  This meet­ing is very family-friendly and there is much for fam­ily mem­bers to do around town while the pro­gram­ming is in ses­sion.  Plus, you get the added bonus of mul­ti­ple oppor­tu­ni­ties to drink a beer and dis­cuss copy­right law ephemera with me!

Here is a copy of the pro­gram brochure:

You can find the reg­is­tra­tion mate­ri­als here.