Copyright Office Releases Report of Office Policies and Special Projects

The Reg­is­ter of Copy­rights, Maria Pal­lante, has issued an impor­tant report, high­light­ing key policy-based pri­or­i­ties and announc­ing sev­eral spe­cial projects that the Office will imple­ment over the next two years.  If you care about copy­right law, I highly rec­om­mend you read this report.

There is much good news in it, includ­ing the Register’s plans to con­tinue upgrad­ing the Office’s web­site and mak­ing more of the pub­lic record avail­able elec­tron­i­cally.  For those less famil­iar with the vast amount of impor­tant work the Office does in con­nec­tion with pol­icy stud­ies and leg­is­la­tion, this report will pro­vide ample proof of just how impor­tant a role the Copy­right Office plays with respect to shap­ing and imple­ment­ing copy­right law.

Of spe­cial note, the Office will be con­duct­ing regional roundtable-type events to obtain input from all of the copy­right law’s many stake­hold­ers (hope­fully includ­ing the pub­lic) and guide future poli­cies.  I will be sure to keep you apprised of such meet­ings.  As a spe­cial bonus for copy­right geeks, we will finally be get­ting a revi­sion to the Copy­right Office Compendium!

Here is the Register’s Report:

 

American Buddha: What’s Next?

Zen Slate
Creative Commons License photo credit: Intre­pid Flame
I am head­ing out to Philadel­phia for the NY State Bar Asso­ci­a­tion Fall Meet­ing (dis­cussed here), where I will be speak­ing about the recent Amer­i­can Bud­dha deci­sion in which the New York Court of Appeals held (lim­ited solely to cases involv­ing on-line copy­right infringe­ment of lit­er­ary works) that for the pur­poses of the New York long-arm statute, the harm from such types of infringe­ment occurs where the copy­right own­ers resides.  You always know that a deci­sion is going to be a deusy when the court lim­its the applic­a­bil­ity of the hold­ing like that…  [Read more…]

Website Developer’s Unauthorized Login to Website Not Actionable Under DMCA

What's your password
Creative Commons License photo credit: The­Re­alMichael­Moore
In a recent deci­sion, Ground Zero Museum Work­shop v. Wil­son, a Dis­trict of Mary­land court held that a for­mer web­site devel­oper who allegedly gained unau­tho­rized access to the plaintiff’s web­site after a dis­pute and altered the web­site did not vio­late the DMCA’s anti-circumvention pro­vi­sion.  In a famil­iar fact pat­tern of the jilted lover, er, I mean web­site devel­oper, the devel­oper used his pass­word to access the back end of the plaintiff’s web­site after the two par­ties had a falling out and the devel­oper resigned.  Then, depend­ing upon whose ver­sion of real­ity you choose to believe, the devel­oper either (1) pulled out the web­site func­tion­al­ity he had cre­ated and left the web­site in the same con­di­tion it was in before he started work or (2) altered the web­site so that users would think it was no longer func­tion­ing and inserted code that would redi­rect users to var­i­ous news arti­cles about the plain­tiff and its own­ers. [Read more…]

Supreme Court News Flash: Downloads Still Not Public Performances

Wharfedale woofer
Creative Commons License photo credit: wstry­der

File this one under “priv­i­leged glimpses of the bloody obvi­ous.”  In a devel­op­ment that could be a sur­prise only to ASCAP and its coun­sel, the Supreme Court today has rejected ASCAP’s peti­tion for cer­tio­rari, leav­ing in place the Sec­ond Circuit’s rul­ing that the mere act of down­load­ing a sound record­ing does not con­sti­tute a pub­lic per­for­mance of the down­loaded song.  [Read more…]