Idea / Expression

The Legal Blog of The Copyright Alliance

Feb 8, 2016
FilmOn is a new attempt by an Aereo-like Internet TV company to escape paying content creators their fair share. In a surprise lower court decision, California Central District Court Judge Wu suggested that the service might be eligible to participate in the Section 111 compulsory licensing scheme...
Feb 3, 2016
The fair use doctrine has fundamentally transformed in recent years. Over twenty years ago, Judge Pierre Leval (then a federal judge in the Southern District Court of New York), wrote that “courts had failed to fashion a set of governing principles or values” for the doctrine of fair use. Though...
Dec 17, 2015
We know that piracy sites harm creators by cutting them out of the value they create. But what’s more, two new studies emphasis the additional harms of illegal operations: piracy sites also expose consumers to hacking and identity theft, and redirect ad revenue from legitimate sites.  Free Content...
Dec 14, 2015
Last week the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) left the Senate and House conference committee with bipartisan support. Said to “represent bipartisan trade enforcement priorities that were years in the making,” this customs bill targets the streamlining of trade...
Dec 7, 2015
Last week, the Center for the Protection of Intellectual Property (CPIP) at George Mason University School of Law released a new white paper, Copyright Principles and Priorities to Foster a Creative Digital Marketplace, by Sandra Aistars, Devlin Hartline, and Mark Schultz. The authors suggest...
Nov 9, 2015
The Southern District of New York granted a preliminary injunction of Sci-Hub.org. Sci-Hub.org gave users login access (which it fraudulently acquired) to ScienceDirect, a digital source of scientific and medical research operated by Elsevier. Users would search for a topic like they would on any...
Oct 30, 2015
A checkout clerk walks into his boss’s office.  “Excuse me, sir, I have a problem” he starts. "I spend 8 hours a day doing what you ask of me. I mop the floors, bag the groceries. I even help unload the deliveries.”  "Yes, so, what’s the problem?” asks the boss.  “You haven’t paid me.”  “Oh, I’m...
Oct 13, 2015
The New York Times has appeared in my inbox more than once this week, reminding me to join the Million Digital Subscribers of their newspaper (which I did). The newspaper launched www.nytimes.com back in 1996, but it is just now that the Internet is starting to work for it, not against it. Ben...
Oct 7, 2015
Last week, the Center for the Protection of Intellectual Property (CPIP) hosted the IP Platform: Supporting Invention & Inspiration conference to discuss the advantages of a strong intellectual property framework. In the IP & The Movies We Watch session, attendees learned more about...
Sep 17, 2015
  This week, the United States Court of Appeals for the Ninth Circuit issued the latest opinion in an ongoing saga that has symbolized tensions in the DMCA notice and takedown process. The case, Lenz v. Universal Music Corp., carries many implications for creators who are trying to protect their...

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