Treading the Line: Fair & Derivative Uses

30 10 2009

On Friday, October 23, the Vanderbilt Journal of Entertainment and Technology Law held its annual symposium. This year’s symposium was entitled Drawing Lines in the Digital Age: Copyright, Fair Use, and Derivative Works. The symposium covered a variety of topics related to digital copyright, but the focus was on exploring the intersection of fair and derivative uses of copyrighted works. This issue was tackled head on by our first panel, and described briefly below.

more

The content in this post was found at http://jetl.wordpress.com/2009/10/30/treading-the-line-fair-derivative-uses/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



EFF opens the “Takedown Hall of Shame”

27 10 2009

The Electronic Frontier Foundation is a big fan of naming and shaming. When it launched its patent-busting project a few years back, the activist group put up a “Wanted by EFF marshals” poster; eight of the ten patents on the list have already been narrowed, invalidated, or reexamined.

So when it wanted to highlight the overzealous use of DMCA takedown notices on the Web, the EFF went a similar route with its new “Takedown Hall of Shame.”

Read the rest of this article...



The content in this post was found at http://feeds.arstechnica.com/arstechnica/BAaf and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Posting as Implied License

24 10 2009

Merely posting a work online does not relinquish all rights. As in other environments, merely placing property in public does not release property rights. The Internet context, however, may indicate that some actions with respect to the work are implicitly permitted.

more

The content in this post was found at http://www.ipinfoblog.com/archives/intellectual-property-posting-as-implied-license.html and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



A Legal Primer for Bloggers – Anonymity

23 10 2009

A Legal Primer for Bloggers, Part 4 – Anonymity

This post continues a series dealing specifically with the legal issues that bloggers should be thinking about.  Part 4, Anonymity, is especially timely, as Indianapolis-based Butler University has recently initiated a lawsuit against an anonymous blogger for making allegedly libelous and defamatory statements about school administrators on his blog, The True BU. The story is covered in detail at Inside Higher Ed. For a nice timeline of the buildup to the Butler lawsuit, see Brad Ward’s post over at SquaredPeg.

more

The content in this post was found at http://indianaintellectualproperty.wordpress.com/2009/10/23/a-legal-primer-for-bloggers-anonymity/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Power.com Counterclaims Dismissed — Facebook v. Power Ventures

22 10 2009

[Post by Venkat]

Facebook and Power Ventures have been involved in a lawsuit over whether Power.com can allow its users to access user data on Facebook’s network. Facebook brought suit against Power.com asserting a slew of claims ranging from copyright infringement to violations of the Computer Fraud and Abuse Act. Power.com brought a motion to dismiss, which the court denied.

more

The content in this post was found at http://blog.ericgoldman.org/archives/2009/10/powercom_counte.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



How does fair-use law work?

21 10 2009

Tim Wu at Slate

more


The content in this post was found at http://www.slate.com/id/2233152/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Craigslist Isn’t Liable for Erotic Services Ads–Dart v. Craigslist

21 10 2009

By Eric Goldman

Dart v. Craigslist, Inc., 09 C 1385 (N.D. Ill. Oct. 20, 2009)

Yesterday, Judge John F. Grady of the Northern District of Illinois federal court dismissed Cook County Sheriff Dart’s lawsuit against Craigslist for user-posted advertisements in Craigslist’s erotic services/adult services category on 47 USC 230 grounds. This is hardly surprising, as I wrote in March that “this lawsuit is almost certainly preempted by 47 USC 230.” However, it was nice to see such a clean and decisive opinion–and a little ironic, as our law enforcement officials, who are supposed to enforce the laws rather than bypass them, got schooled in the limits of their legal authority.

With respect to the 230 analysis, the court characterizes Sheriff Dart’s claims as alleging that Craigslist negligently published the user-supplied ads.

more

The content in this post was found at http://blog.ericgoldman.org/archives/2009/10/craigslist_isnt.htmand was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Licensing pact a big step towards fixing EU music stores

20 10 2009

Major members of the online music industry, including iTunes and Amazon, have signed an agreement with the European Commission to work towards more even and widespread music distribution across all of Europe. As part of the agreement, the music industry intends to do away with the limitations of the current licensing system so that music fans can have greater choice and clear usage rights, no matter where they are in Europe.

The agreement came after the fourth Roundtable on the Online Distribution of Music held Monday by Competition Commissioner Neelie Kroes. Participants included Amazon, BEUC, EMI, iTunes, Nokia, PRS for Music, SACEM, STIM, and Universal. It was the first time the music industry has managed to agree on a common roadmap in Europe, which has been frustratingly segmented for years thanks to outdated licensing and rights practices in the EU.

Read the rest of this article...



The content in this post was found at http://feeds.arstechnica.com/arstechnica/BAaf and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Google book digitization prompts the EU to rethink copyright

19 10 2009

The legal settlement that would sanctify Google’s book digitization efforts may be on hold, but that hasn’t stopped the sniping over digitization in general, and Google’s specific role in vending e-books. The Frankfurt Book Fair, a major publishing event, is playing host to the latest skirmishes over what role Google and other organizations should play in controlling access to digitized material.. . .

The Google book settlement was not well received within the EU, in part because of the same sorts of competition concerns that caused the US Department of Justice to weigh in against it. But Europeans had some distinct concerns, as Google has scanned copies of European works that reside in US Libraries, even though these were never licensed for US distribution

.Read the rest of this article...



The content in this post was found at http://feeds.arstechnica.com/arstechnica/BAaf and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Judge: ringtones aren’t performances, so no royalties

15 10 2009

If you have been blessing everyone around you with cell phone “performances” of Beyoncé’s “Single Ladies,” rest assured that your cell phone provider won’t have to pay royalties on it. A federal court has ruled that ringtones played aloud in public are not infringing on the content owners’ copyrights because they don’t constitute a true performance. (In other news, children are still allowed to sing songs without paying royalties.)

Joking aside (actually, that’s less of a joke than you might think), the ringtone argument was made by the American Society of Composers, Authors, and Publishers (ASCAP) earlier this year when it sued certain mobile carriers in the US in an attempt to force them to fork over royalties every time a customer’s ringtone is played.

Read the rest of this article...



The content in this post was found at http://feeds.arstechnica.com/arstechnica/BAaf and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.