Major TV Broadcasters Prevail in Court Case Against Locast

Locast, a non-profit organization founded by lawyer and former FCC legal advisor David Goodfriend, streamed local TV to those who couldn’t access local signals, declaring that U.S. copyright law allows third parties to boost local signals. Major broadcasters ABC, CBS, NBC and FOX disputed that claim, believing that Locast simply wanted to avoid carriage fees, and have now won a court battle finding that Locast violated their copyrights. The court also stated that Locast cannot use its non-profit status as a defense against further action. Continue reading Major TV Broadcasters Prevail in Court Case Against Locast

Netflix Blocks Home IP Addresses in Geo-Fencing Crackdown

Netflix now blocks residential IP addresses in its efforts to stymie VPN and proxy users from bypassing geographical restrictions. But some ordinary Internet users without a VPN have been impacted and now report “missing content” on Netflix. When Netflix began this crackdown six years ago, it was in response to copyright holders complaining about piracy. But the ban hit a lot of legitimate VPN users and VPN pirates found other ways to get around geographic blocking including using residential IP addresses as proxies. Continue reading Netflix Blocks Home IP Addresses in Geo-Fencing Crackdown

EU’s Vestager Calls for Aligned Global Regulation of Big Tech

Margrethe Vestager, executive vice president of the European Commission for A Europe Fit for the Digital Age, is calling for greater global alignment on tech regulation, noting “we do not have a global competition enforcer, but we have global companies.” Vestager added she was “really encouraged” by the Biden administration’s efforts to take similar actions in the U.S. with the 72 actions listed in his recent executive order that focused on Big Tech’s collection of data, surveillance practices and acquisitions of startups. Continue reading EU’s Vestager Calls for Aligned Global Regulation of Big Tech

Supreme Court: Google Engaged in Fair Use of Java Code

In a 6-2 ruling, the U.S. Supreme Court took Google’s side in a copyright battle with Oracle over the former’s use of Java APIs in its Android operating system. Oracle, which had purchased Java in 2010 when it bought Sun Microsystems, sought billions of dollars in damages for what it claimed was copyright infringement. Google argued that free access to the Java software interfaces was important to innovation. Writing for the majority, Justice Stephen Breyer said that Google made “fair use” of the Java code. Continue reading Supreme Court: Google Engaged in Fair Use of Java Code

DJs Facing DMCA Takedowns on Twitch Look for Alternatives

Twitch evolved from a video-game streaming site to include creative content and, in 2018, music. During COVID-19, many DJs have been using Twitch as a way to keep their local music scene alive. In Minneapolis, for example, Dave Eckblad produces the Twitch stream for music collective Intellephunk, including live events that engage fans and draw in tips. StreamElements reports that, over the course of one year, the number of hours users spend streaming music and performing arts skyrocketed from 3.6 million to 17.6 million. However, complying with copyright regulation may have an impact on this trend. Continue reading DJs Facing DMCA Takedowns on Twitch Look for Alternatives

Europe Echoes Australia’s Call for Big Tech to Pay Publishers

As the Australian law requiring Google and Facebook to pay publishers for content nears passage, news publishers in the European Union are urging legislators to copy that law. The European Publishers Council supports the Digital Markets Act (DMA) to be included in legislation, forcing binding arbitration if the two parties can’t agree on payments. In the U.S., Congress members intend to introduce legislation to make it easier for smaller news organizations to negotiate with Facebook, Google and other Big Tech platforms. Continue reading Europe Echoes Australia’s Call for Big Tech to Pay Publishers

MPAA Reports on Threat of Geolocation Piracy to Streaming

The Motion Picture Association submitted comments to the U.S. Trade Representative stating that VPNs, DNS masks and Tor networks can be a direct threat to legitimate streaming services. MPAA membership has been limited to top Hollywood studios such as Disney and Warner Bros. but that changed last year when Netflix joined. The mission, however, remains the same, which is to deter global piracy. The association goes after copyright infringers, be they site owners or app developers, and is also involved in lobbying. Continue reading MPAA Reports on Threat of Geolocation Piracy to Streaming

Music Is the Focus in Spotify’s New ‘Original Shows’ Format

In response to learning that listeners want to discover and save music in their favorite podcasts, Spotify is debuting “Original Shows,” a new spoken word format that combines music with particular themes featuring a monologue or conversation with guests. But, unlike a typical podcast, each song inside an Original Show will redirect the listener to that artist’s Spotify official audio files. That means the artist will make the same money as if a listener sought out his or her music. Listeners can also like and save a song while they’re listening to it. Continue reading Music Is the Focus in Spotify’s New ‘Original Shows’ Format

Supreme Court Weighs Future of Software in Copyright Case

The Supreme Court just heard a multi-billion-dollar case regarding Google and Oracle’s long-running battle over smartphone software that some have called “the copyright case of the decade.” Google v. Oracle America, Case No. 18-956, is scrutinizing Google’s reliance on 11,000 lines of Java code in its Android operating system. Oracle acquired Java in 2010 when it bought Sun Microsystems and accuses Google’s use without permission as tantamount to copyright infringement. Google argues it is “fair use.” Continue reading Supreme Court Weighs Future of Software in Copyright Case

Twitch Inks Live-Streaming Deal With Indie Music Companies

Amazon-owned Twitch, which now has 17.5 million average daily visitors, responded to the escalating problem of its users being hit with music copyright takedowns. Under pressure by the Recording Industry Association of America (RIAA) and National Music Publishers Association (NMPA), Twitch debuted a beta version of Soundtrack by Twitch, an in-platform music streaming service featuring 1+ million copyright-cleared songs by independent artists that can be used legally and free of charge as background music. Continue reading Twitch Inks Live-Streaming Deal With Indie Music Companies

Australia’s Draft Law Bids Facebook, Google to Pay for News

The Australian Competition and Consumer Commission is drafting a bill that would require Facebook and Google to negotiate with media publishers and pay for content that appears on their sites. Facebook has responded by threatening to block users and news organizations from sharing local and international news stories on its site. Google, which said its free service would be “at risk,” stated that the law would give media companies “special treatment” that would allow them to make demands that would be difficult to meet. Continue reading Australia’s Draft Law Bids Facebook, Google to Pay for News

Instagram Users Can Be Sued for Embedding Images in Posts

Instagram users have embedded images in their posts, believing that they were protected against copyright claims. Facebook now explains that, “while our terms allow us to grant a sub-license, we do not grant one for our embeds API.” In other words, a user who embeds someone’s Instagram post on her website has to ask the poster in advance for a separate license to the post’s images. Those who don’t could be subject to a lawsuit. Professional photographers will be able to better negotiate with publishers based on these terms. Continue reading Instagram Users Can Be Sued for Embedding Images in Posts

Australia and France Seek Changes to Big Tech News Model

Last summer, the Australian Competition and Consumer Commission put together a 623-page report that pointed to Facebook and Google as the reason for the precipitous decline in local news and public policy reporting. Commission chair Rod Sims, who wrote the report, stated that, “global tech companies are not beyond national laws, especially when there is so much at stake.” He and French regulator Isabelle de Silva are challenging those two tech behemoths for carrying news organizations’ content without paying them. Continue reading Australia and France Seek Changes to Big Tech News Model

HPA Tech Retreat: Evolving Security for Media & Entertainment

An increasing concern over content security was the subject of HBO/WarnerMedia productions and content security head Marc Zorn’s talk on “Why Traditional Information Security Doesn’t Fit in Most of Media & Entertainment.” “Film security was based on physical controls,” he said. “Post production began after photography, and threats were primarily from post onwards.” Once the workflow became digital, he added, threats to digital media looked like IT security, “from an IT security professional’s perspective.” Continue reading HPA Tech Retreat: Evolving Security for Media & Entertainment

HPA Tech Retreat: An Update to Compelling Copyright Issues

At the HPA Tech Retreat in Rancho Mirage, California, Thompson Coburn partner Jim Burger presented his annual update on activities in Washington D.C. relevant to the media and entertainment business. Among the numerous copyright issues that Burger examined was the long-running case of Oracle America v. Google, which is centered on whether or not Oracle’s Java APIs are copyrightable. Google used early versions of the APIs to create its Android operating system. Continue reading HPA Tech Retreat: An Update to Compelling Copyright Issues