Losing My Edge: The Copyright Implications of Audioblogging and Why Blogs Matter to the Music Industry

29 12 2009

In the past decade, the information distribution channels for music have changed dramatically. Not only has it largely moved from radio and print to online sources, but many audioblogs have formed to cover various niches according to the individual tastes of bloggers. This democratization of music criticism has been popular with listeners, as the information is easily and immediately available as well as tailored to a particular interest.

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The content in this post was found at http://jetl.wordpress.com/2009/12/29/losing-my-edge-the-copyright-implications-of-audioblogging-and-why-blogs-matter-to-the-music-industry/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Bedford Falls and copyright law

25 12 2009

Why It’s a Wonderful Life is still protected under copyright, and what this illustrates about what’s wrong with the system.

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isoHunt loses big: infringement “old wine in a new bottle”

24 12 2009

The movie studies have won another major legal victory in the ongoing war against file sharing, this one against an individual (Gary Fung) who ran a number of torrent search sites, including the popular isoHunt. Although the defendant had argued he was providing just another search engine, the judge has ruled that Fung’s legal team had neglected to rebut the studio’s primary arguments, and Fung himself had a history of statements showing that he encouraged copyright infringement. Although the ruling establishes liability, there’s no word yet on the sanctions that Fung will face.

Granting a summary judgement requires that the judge interpret all the arguments in favor of the losing party, and still find that their opponents have made a winning case, so it’s a pretty difficult standard to meet. Fung and his lawyers, however, seem to have made the job a bit easier.

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Brief: Psystar not down and out just yet, website back up

21 12 2009

Last week, Dow Jones Newswires quoted a Psystar lawyer, Eugene Action, who said that the company was shutting down and firing its eight employees in order to comply with an injunction issued against the company. Though Psystar still plans to appeal an unfavorable ruling in its California lawsuit with Apple, don’t count the company out just yet, according to lead counsel Kiwi Camara.

“Regrettably, Mr. Action was misquoted in an early story that seems to have been picked up elsewhere,” Camara told Computerworld. “Psystar does not intend to shut down permanently.”

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Brief: Google Book Search violates French copyright law

18 12 2009

Google’s preferred way of indexing information—doing it without permission, relying on fair use or fair dealing laws—has run into yet another spot of trouble in Western Europe. A French court has just ruled that the advertising giant must pay €300,000 in damages to a French publishing group for scanning, indexing, and displaying snippets of its work as part of Google Book Search.

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Jacobsen v. Katzer: Open Source Software Project Gains Key Rulings in Copyright Infringement Litigation

16 12 2009

Jacobsen v. Katzer involves a dispute over rights in software code distributed pursuant to the open source Artistic License. Last year the case yielded one of the very few judicial rulings dealing with open source software. As we wrote at the time, the U.S. Court of Appeals for the Federal Circuit rejected the argument that open source licenses are enforceable only in a breach of contract action. In a broadly worded opinion that endorsed the open source approach to licensing, the court held that open source license restrictions are enforceable under U.S. copyright law, thereby making the federal courts, and the potent remedies under the Copyright Act, available to open source licensors.

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The content in this post was found at http://newmedialaw.proskauer.com/2009/12/articles/open-source/jacobsen-v-katzer-open-source-software-project-gains-key-rulings-in-copyright-infringement-litigation/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Don’t Sing-a-long: Capitol v Vimeo re ‘Lip Dub’ Videos

14 12 2009

Lip Dub – Flagpole Sitta by Harvey Danger from amandalynferri on Vimeo.

Vimeo is a video-sharing site (owned by InterActive Corp). It apparently hosts many videos consisting of ‘lip dubs,’  . . .

The video above appears to reproduce a copyrighted work in its entirety . .  .

Complaint Capitol v Vimeo

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Record Label Sues Google and Microsoft for Linking to Infringing Music–Blues Destiny v. Google

8 12 2009

By Eric Goldman

Blues Destiny Records LLC v. Google, Inc., 3:09-cv-00538-WS-EMT (N.D. Fla. complaint filed Dec. 7, 2009) [warning: 1.5MB PDF]

Blues Destiny Records, a small Blues music label, doesn’t like RapidShare, a website that allows users to publish files, because users are posting its copyrighted music there. It also doesn’t like that people who search for the label’s artists in Google and Microsoft get search results that link to sites that link to allegedly infringing copyrighted copies on RapidShare. The complaint was ambiguously worded in describing whether Google and Microsoft directly link to RapidShare or only indirectly link to sites that link to RapidShare, but my own searches indicated that Google’s search results did not take searchers directly to RapidShare. So I believe the information flows are something like this:

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Judge in Tenenbaum Case Condemns US Copyright Act

8 12 2009

U.S. District Court Judge Nancy Gertner, the federal judge who presided over the recent file-sharing lawsuit against graduate student Joel Tenenbaum by the RIAA has called on the US Congress to reform the copyright law.

In a decision issued Monday, Judge Gertner stated “As this court has previously noted, it is very, very concerned that there is a deep potential for injustice in the Copyright Act as it is currently written. It urges — no implores — Congress to amend the statute to reflect the realities of file sharing… there is something wrong with a law that routinely threatens teenagers and students with astronomical penalties for an activity whose implications they may not have fully understood.”

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Artists’ lawsuit: major record labels are the real pirates

7 12 2009

Given how aggressively the recording industry likes to pursue file sharers, one would assume that the industry itself is in the clear when it comes to copyright infringement. But that assumption has been put to the test in Canada, where a massive infringement lawsuit is brewing against some major players. Members of the Canadian Recording Industry Association, including the Big Four (Warner Music Canada, Sony BMG Music Canada, EMI Music Canada, and Universal Music Canada), face the prospect of damages ranging from $50 million up to $60 billion due to their use of artists’ music without permission. That’s right: $60 billion.

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