Topic Archives: copyright

2014 Symposium: Legislating Digital Exhaustion

BTLJ is excited to welcome Aaron Perzanowski of Case Western Reserve University Law School and Jason Schultz of New York University Law School on April 3–4, 2014 to the 18th Annual BTLJ/BCLT Symposium: The Next Great Copyright Act. This is a summary of the authors’ topic … Continue reading

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Canada’s Approach to Intermediary Liability for Copyright Infringement: the Notice and Notice Procedure

In 2012, Canada adopted the Copyright Modernization Act as a comprehensive reform of Canadian copyright law and addressed the issue of liability for copyright infringement by online intermediaries. Rather than adopting a “Notice and Takedown” procedure like the United States … Continue reading

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Advocacy and the Start-up Recording Artist

On February 8, 2014, California Lawyers for the Arts presented this year’s 31st annual Music Business Seminar at Berkeley Law School. Music industry professionals gathered around the theme theme, “21st Century Musician: Making a Living Making Music.” As the name … Continue reading

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Jury Awards in File-Sharing Cases Add Fuel to Debate on Copyright Act Reform

The cases Capitol Records, Inc. v. Thomas-Rasset The plaintiffs, Capitol Records, Inc., Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc., and Warner Bros. Records, filed suit against Jammie Thomas-Rasset under the Copyright Act seeking statutory damages … Continue reading

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EU’s Attempt to Address the Thorny Orphan Works Problem

The Orphan Works Directive 2012/28/EU was published in the Official Journal of the European Union on 27 October 2012. This post provides an overview of the main provisions set forth by the Directive and describes the approach used by the … Continue reading

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Online Copyright Infringement: Search for Solutions Continues

After the failures of Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA), the Obama administration’s Internet Policy Task Force has recently put forward a new proposal to making it a felony to stream copyrighted works, along with a … Continue reading

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Google Books Litigation Update

The advent of mass digitization via Google Books has ignited a series of copyright-related actions filed by book publishers and authors. There are two issues: whether Google and the owners of affiliated digital libraries are entitled to a fair use … Continue reading

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The Copyright Alert System After Its Roll-Out: First (Non)Reactions

The Copyright Alert System (CAS) was rolled out in late February 2013. CAS constitutes the United States realization of the international concept of “graduated response programs:” frameworks for media owners to address alleged online copyright infringements with computer users through … Continue reading

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Network Copyright Wars: “The Hopper,” Ad-Skipping DVR, In and Out of Court

The embittered battle between Dish Network and American Broadcasting Companies has given a public face to the struggle between the entertainment and technology industries over the role of copyright in media. In this battle, however, theoretical copyright interests are secondary … Continue reading

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The Purpose of Copyright? Examining the Retracted Republican Study Committee Brief

Last Fall, Derek Khanna, then an intern at the Republican Study Committee (RSC) released a policy brief concerning copyright entitled “Three Myths about Copyright Law and Where to Start to Fix it.” Khanna insisted, based on a textualist reading of … Continue reading

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