Archives for 2011

UMG v Veoh: Ninth Circuit Affirms DMCA Safe Harbor for Veoh

Copyright Into Infinity
Creative Commons License photo credit: Post-Software

The Ninth Circuit has affirmed the district court’s decision that Veoh’s user-generated video service was protected from UMG’s copyright infringement claims by the DMCA safe harbor provisions.  In a comprehensive and mostly well-reasoned 49-page opinion, the court methodically rejected each of UMG’s arguments as to why the safe harbor should not apply. [Read more…]

Bill Patry’s How To Fix Copyright Released!

Just in time for holiday gift-giving, Bill Patry’s great new book, “How to Fix Copyright” is now available for purchase.  This book is a follow-up of sorts to his prior work, “Moral Panics and the Copyright Wars.”

I have just bought my copy and will post my thoughts after I have had time to read and digest, but I had the opportunity to review earlier drafts of a couple of chapters and based on that I am really looking forward to reading the entire book.  Bill knows more about the history and workings of copyright law than any other living person.  His writing is highly engaging and his ideas are always thought-provoking.

Highly recommended!!!!

You Could Be The Next Chief Copyright Royalty Judge!

The Library of Congress has just announced that is accepting applications for the position of Chief Copyright Royalty Judge.  This is an extremely important position in the copyright world.  The Chief Judge is one of three Judges who decide royalty rate-setting and license fee distribution proceedings relating to various compulsory licenses set out in the Copyright Act, as part of the Copyright Royalty Board.  The Chief Judge, as the title indicates, serves a particularly important role in the administration of the Copyright Royalty Board.

The Copyright Royalty Board, in turn, serves a very important role, particularly with respect to setting rates for the various compulsory licenses, including those for webcasting and other digital music services.

Here is a link to the job listing at the website.  I encourage all qualified, interested parties to apply!

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…]