Archives for September 2011

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

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.