Creators in Support of the CASE Act – It’s a No Brainer
The Copyright Alternative in Small-Claims Enforcement Act (CASE Act) provides a practical solution to a spectrum of injustice for creators, publishers and copyright administrators alike. Why is it important to […]
Second Circuit Limits Copyright Damages to Three-Year Period Before Suit
Note: This blog was originally posted on CDAS. How do you square Psihoyos with Petrella, two of the most significant copyright statute of limitations cases in recent years? Courts and attorneys alike have […]
Senators and Creators Say Notice and Takedown System is Broken, While Platforms Blame the System’s Failures on Creators
Panel 1 On Tuesday, the Senate Subcommittee on Intellectual Property held its third hearing on the viability of the Digital Millennium Copyright Act (DMCA) twenty-two years after enactment. Titled Is […]
Update on a Proposed System for Accessing Domain Name Registration Data for Copyright Enforcement Update on a Proposed System for Accessing Domain Name Registration Data for Copyright Enforcement
As you may be aware, the Internet Corporation for Assigned Names and Numbers (ICANN) manages policy and technical implementation and oversight of the global Domain Name System (DNS – i.e. […]
TEACH Act Provides Distance Learning Flexibility
With the outbreak of the novel coronavirus, the United States, along with the rest of world, finds itself in uncharted territory with regard to almost every aspect of daily life. […]
Google’s Fair Use Defense Fails Under Factor 4 Scrutiny
Note: This post is part of a series. Part 1 can be found here and Part 2 can be found here. The fourth fair use factor is critical to determining […]
Factors 2 and 3 Weigh Against Google’s Fair Use Defense
Note: This is a continuation from Amici Explain Why Google’s Copying of Oracle’s APIs is Not Fair Use In addition to exposing the flaws in Google’s factor 1 transformative purpose […]
Amici Explain Why Google’s Copying of Oracle’s APIs is Not Fair Use
Last week’s deadline to file amicus briefs in Oracle v. Google saw a flurry of submissions in what could be one of the most influential copyright cases before the Supreme […]
A Welcome Return to Sensible Fair Use Determinations
In light of Fair Use Week 2020, it is important to recognize that while the fair use doctrine allows for unauthorized use in certain circumstances, it’s a fundamentally limited legal […]
Why is Senator Wyden the Only Obstacle Standing Between America’s Creators and Justice?
America’s creators are frustrated. They’ve reached their boiling points. For years, they’ve pushed for a copyright small claims process that would grant them access to justice in a system that, […]