CASE Act’s Copyright Enforcement Draws Mixed Response

In July, a bipartisan group from the Senate Judiciary Committee reintroduced the Copyright Alternative in Small-Claims Enforcement (CASE) Act, by which the U.S. Copyright Office will create a three-person Copyright Claims Board that will supervise a ‘small claims-style’ system for damages. The Copyright Alliance and the Graphic Artists Guild approved the move, which allows a copyright owner whose content was used without permission to claim for damages up to $15,000 for each work and $30,000 in total. However, some groups are opposing the Act and question the cost of such an approach. Continue reading CASE Act’s Copyright Enforcement Draws Mixed Response

Library of Congress, Copyright Office Unlock Gadget Repair

The Library of Congress and U.S. Copyright Office just passed exemptions to the Digital Millennium Copyright Act (DMCA) that legalizes the so-called right to repair. Although the DMCA was created to prevent copyright piracy, it also resulted in a host of problematic side effects. Because devices such as smartphones come loaded with digital rights management (DRM) software, users infringed copyright laws if they attempted to repair such devices. With the new exemptions, users are now free to do so. Continue reading Library of Congress, Copyright Office Unlock Gadget Repair

Documentarians, Trade Associations Debate Copyright Laws

One of the gray areas of the Digital Millennium Copyright Act (DMCA) is the exemption for filmmakers. Although documentary filmmakers are allowed to use small pieces of copyrighted films in some circumstances, many of them say the provision is unclear and can lead to confusion and uncertainty. In late 2017, the International Documentary Association, Kartemquin Films, Independent Filmmaker Project, University of Film and Video Association and others asked the U.S. Copyright Office for clarity. Trade associations including the MPAA, RIAA and ESA have expressed concerns regarding exemptions. Continue reading Documentarians, Trade Associations Debate Copyright Laws

Big Surge in Pirated Links Brings DMCA Efficacy into Question

Copyright infringement on the Internet is surging. Over the last year, copyright holders asked Google to remove more than one billion links from its search engine results. That makes a total of two billion that Google has received over the years. But whereas the first billion accumulated over several years, the second billion took a mere 12 months. Of the 1,007,741,143 infringing links, Google removed more than 90 percent, which comes to 908,237,861. The remaining links were either not valid, not infringements or duplicates. Continue reading Big Surge in Pirated Links Brings DMCA Efficacy into Question

Artists Say ‘Safe Harbor’ is a Shield for Copyright Infringement

As revenue from streaming rose 29 percent last year, artists and the recording industry are renewing their effort to get the U.S. Copyright Office to take a second look at the “safe harbor provisions” of the 1998 Digital Millennium Copyright Act. They say that places the onus on policing copyright infringement on them, protecting services such as YouTube where copyrighted material is uploaded without permission. Katy Perry, Billy Joel and Rod Stewart are among the artists who have put a public face on the debate. Continue reading Artists Say ‘Safe Harbor’ is a Shield for Copyright Infringement

Spike in Takedown Requests Questions Effectiveness of DMCA

In the first 12 weeks this year, Google received takedown requests for 213 million links, representing a 125 percent increase over the same period in 2015, to remove copyright infringing sites, as per the Digital Millennium Copyright Act. The spike does not represent a dramatic increase in piracy but, rather, new automated tools for finding copyright violators as well as more copyright holders actively looking for infringers. The MPAA and Recording Industry Association of America say it’s proof that the DMCA isn’t working. Continue reading Spike in Takedown Requests Questions Effectiveness of DMCA

U.S. Copyright Office Suggests Aereo is Not a Cable Company

In a 6-3 decision last month, the Supreme Court ruled that Aereo was in violation of copyright law by using tiny antennas to stream broadcast TV online to subscribers. Since the court said that Aereo acted too much like a cable company to broadcast without paying fees, the startup attempted to embrace the ruling by offering to pay retransmission fees. Whether or not the new approach will work with the networks (or in court), the U.S. Copyright Office is now siding with the content owners. Continue reading U.S. Copyright Office Suggests Aereo is Not a Cable Company