Smith on Copyright Silencing @CathaySmith

Media Law Prof Blog

Cathay Smith, University of Montana School of Law, has published Copyright Silencing at 106 Cornell Law Review Online 71 (2021). This essay highlights a practice I call “copyright silencing,” which is the use of copyright to

@thetrichordist: Will the Copyright Royalty Board Leave Songwriters In the Deep Freeze?

Music Technology Policy

In case you haven’t noticed, songwriter mechanical royalty rates are about to be set again at a faraway Congressional operation called the Copyright Royalty Board. [Editor Charlie sez: This post first appeared in The Trichordist.].

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You Can’t Copyright the Law

Gordon P. Firemark

The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/121.

New Copyright Regs, Compendium, and More

Gordon P. Firemark

NEW COMPENDIUM COMING THIS MONTH BEVERLY HILLS POLICE OFFICER USES COPYRIGHT TO AVOID LIVE STREAMING SCOTUS DENIES CERT TO JACK DANIELS AND MOODSTERS STORIES. NEW COMPENDIUM COMING THIS MONTH* BEVERLY HILLS POLICE OFFICER USES COPYRIGHT TO AVOID LIVE STREAMING* SCOTUS DENIES CERT TO JACK DANIELS AND MOODSTERS STORIES.* The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment.

#FrozenMechanicals Crisis: Comments of @helienne Lindvall, @DavidCLowery and @TheBlakeMorgan to the Copyright Royalty Board

Music Technology Policy

United States Copyright Royalty Judges Copyright Royalty Board. He has testified before Congress on the topic of fair use policy [2] and is a frequent commentator on copyright policy and artist rights in a variety of outlets, including his blog at TheTrichordist.com. Before the.

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This is the Only Question for the Next Head of the Copyright Office

Music Technology Policy

Copyright Office. The reason it is not susceptible to a “factiness” approach is that the job is a balancing act between creators across all copyright categories, some of the biggest tech corporations in commercial history, and users (or as we call them, fans).

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Asked and Answered: Copyright Renewals

Gordon P. Firemark

In this Asked & Answered video, I answer a question about whether you need to renew copyright. A reader wrote in with a question about copyrights needing to be renewed. I’ll answer the renewal question, and explain how copyright duration works, in just a moment. So, the question posted in the comments on my blog asked whether copyright registration needs to be renewed every year. Copyright law doesn’t require (or permit) any renewal.

7 big benefits of registering your copyrights early.

Gordon P. Firemark

Copyright Registration should happen within 3 months after a work is first published. These benefits are, in fact, so significant, that we recommend content owners establish a practice of registering copyrights, long before any infringement occurs or litigation is anticipated. What is involved in registering copyright? How much does it cost to register a copyright? Especially when registration occurs early in the life of the copyright.

Embedding Social Media Videos on Your Website? – Court Case Says Get Permission from Copyright Owner First

Broadcast Law Blog

We’ve written before over the controversy as to whether embedding pictures or video served by a social media site on your website negates the need to get explicit permission from the copyright owner for that use. The definition of “show” in the Copyright Act is “to cause or permit to be seen.”

Asked and Ansswered: International Copyright Protection

Gordon P. Firemark

Q: Vince asks: Does having an IP [screenplay] copyrighted in one country make it binding in another country? In other words, If I copyrighted a script in the US… does that copyright also hold legal status in Ireland? The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way as it recognizes the copyright of its own nationals.

Doin’ The Copyright Registration Dance

Gordon P. Firemark

SEUSS MASHUP DEEMED COPYRIGHT FAIR USE BY JUDGE FORTNITE SECTION POKEMON GO SETTLES ITS TRESPASSING CLASS THOMAS WEIGHS IN ON DEFAMATION FAIR USE BAD DECISION: RNC WINS AGAINST PHOTOGRAPHER ON FAIR USE FOLLOW UP ON MMA: SPOTIFY, AMAZON, PANDORA, AND GOOGLE NOTICES OF APPEAL TO THE D.C. The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app.

Smith on Weaponizing Copyright @CathaySmith @umontanalaw

Media Law Prof Blog

Cathay Smith, University of Montana School of Law, is publishing Weaponizing Copyright in volume 35 of the Harvard Journal of Law & Technology. Copyright grants authors exclusive rights in their works in order to encourage creation

Copyright Office Initiates Study of “Ancillary Copyright Protections” Accorded to Publishers – Reviewing News Aggregation and Digital Media’s Use of News Content from Traditional Sources

Broadcast Law Blog

The Copyright Office, at the request of Congress, has initiated a study to examine the rights and protections of news publishers under copyright and related laws. The Office terms these protections “ ancillary copyright protections.”

Entertainment Law Asked & Answered – Copyright Renewals?

Gordon P. Firemark

A reader wrote in with a question about whether copyrights need to be renewed. I’ll answer the renewal question, and explain how copyright duration works, in just a moment. So, the question posted in the comments on my blog asked whether copyright registration needs to be renewed every year. Modern Copyright law doesn’t require (or permit) any renewal. Once the term of copyright protection expires, the work automatically falls into the public domain.

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#FrozenMechanicals Crisis: @DavidPoeMusic Comment to Copyright Royalty Board

Music Technology Policy

Chief Copyright Royalty Judge Jesse M. Copyright Royalty Judge David R. Copyright Royalty Judge Steve Ruwe ?. US Copyright Royalty Board. irespectmusic campaign Copyright Royalty Board Frozen Mechanicals Streaming Meltdown #FrozenMechanicals Crisis Copyright Royalty Judges David Poe

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Using Photos on Your Website – Court Decision Highlights Problems with a Creative Commons License and Other Copyright Issues

Broadcast Law Blog

Copyright protects photos, even when they are shared on the Internet. If you copy a photo for use on your site without permission, you should not be surprised to see a copyright infringement claim seeking damages – potentially big damages.

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The Copyright Royalty Board Gets It Right: New Increased Inflation-Adjusted Royalty Rates for Webcasting

Music Technology Policy

The Copyright Royalty Board has announced its decision on webcasting rates under §114 for 2021-25 and its good news for non-featured artists, featured artists and sound recording copyright owners. The Copyright Royalty Judges shall adjust the royalty fees each year to reflect any changes occurring in the cost of living as determined by the most recent Consumer Price Index for All Urban Consumers (U.S. Copyright Royalty Board soundexchange SoundExchange webcasting

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Asked & Answered: should I register multiple copyrights together!

Gordon P. Firemark

Q: Angel asks about registering his multiple copyrights under a single folio of works. Asked & Answered: should I register multiple copyrights together! Entertainment Law attorney copyright Entertainment law entertainment lawyer folio Intellectual property multiple registration youtube This video provides my answer: A: . The short answer is yes, it’s often possible to register multiple works together as a folio. But, it’s not always a very good idea.

When Should You Register Your Copyrights – Entertainment Law Asked & Answered

Gordon P. Firemark

When should you register your copyrights? One of the most common questions I get from clients I the business is about when they should register their copyrights. So, here goes… First off, registration is not necessary to perfect the copyrights in a work, but the benefits of registration, especially early registration are so significant, copyright owners should make a practice of registering their copyrights well in advance of any trouble arising.

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Producer vs. Director. 2nd Circuit: “No director copyright”

Gordon P. Firemark

He also registered the film’s copyright in his own name. The 2nd Circuit now joins the 9th Circuit in ruling that when contributions are inseparable from the work, and the individual in question is neither a sole or joint author, those contributions are not separately a “work of authorship” to which copyright protection attaches. Google, over an actress’ claimed copyright in her contribution to the controversial film Innocence of Muslims.

Entertainment Law Asked & Answered – Copyright Renewals?

Gordon P. Firemark

A reader wrote in with a question about copyrights need to be renewed. I’ll answer the renewal question, and explain how copyright duration works, in just a moment. So, the question posted in the comments on my blog asked whether copyright registration needs to be renewed every year. Modern Copyright law doesn’t require (or permit) any renewal. Once the term of copyright protection expires, the work automatically falls into the public domain.

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Learn copyright law basics from a comic book!?

Gordon P. Firemark

A copyright law comic book? It's a comic book style presentation of copyright law basics, and it's worth a look. After all, reading up on copyright law from the dusty old books may be MY cup of tea, but it's probably not yours. Do you have questions about copyright, trademark, public domain, contracts or anything related to the law and business of the entertainment industries? Learn copyright law basics from a comic book!?

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Update: Copyright Royalty Board Calls for Public Comments on the Frozen Mechanicals Private Settlement

Music Technology Policy

If you’ve followed the frozen mechanicals debate, you’ll know that one of the asks from commenters was that the Copyright Royalty Board not restrictively parse who could and could not comment on the private party settlement that the settling parties asked the CRB to impose on the world. Copyright Law Revision Copyright Office Copyright Royalty Board Frozen Mechanicals

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Copyright Basics FAQ

Current Trends

The US Copyright Office has a wealth of information available at their website on the copyright registration process. What is a copyright? Copyright is an original work of authorship fixed in a tangible medium of expression — such as a song, book, or sound recording. What is the difference between a trademark and a copyright? What is a “Poor Man’s Copyright?” Do I need a lawyer to file a copyright application? Copyright Office.

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Copyright Law Basics – Entertainment Law Asked & Answered

Gordon P. Firemark

Is this copyright infringement and is this OK for me to do so?” ” Well, Jody the short answers are: Yes this is copyright infringement and NO it is not OK for you to do so without the permission of the owner of the television program. This question made me realize that I've talked quite a lot about things like fair use, and how to get rights to use stuff, but very little about the actual basic rule of copyright and copyright infringement. VIDEO: [link].

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Speaking in Public: Copyright Office Black Box Roundtable

Music Technology Policy

Copyright Office has been tasked by Congress with preparing a study that recommends best practices for the mechanical licensing collective to implement. That study is due not later than two years after the date that the Copyright Office designates the MLC. The roundtables have a lot of very smart people on them and I’m pleased that the Copyright Office included me for some unknown reason (conclusively demonstrating there is no accounting for taste). The U.S.

Copyright Office Posts Four Proposed Rules for MLC

Music Technology Policy

The Copyright Office has posted notices of proposed rules on four topics: Confidential information , royalty reporting by MLC , the transparency of the MLC , and the notices and reporting. Lots to drill down on, thanks to the Copyright Office for all the work on these which must have been a tremendous effort. Music Modernization Act Copyright Office Music is Nothing Like Water

Changing Titles of Works Registered for Copyright

Gordon P. Firemark

In this video, Entertainment Lawyer Gordon Firemark answers a question about changing titles of works once registered for copyright protection. A client recently wrote me with a question about changing the title of a work that’s been registered for copyright. Q: Mike wrote in to ask whether he needs to re-register the copyright for a screenplay after changing its title. Or just google Copyright office Circular #8.

Vacca and Bartow on Ruth Bader Ginsburg's Copyright Jurisprudence @RyanVacca @profabartow

Media Law Prof Blog

Vacca, University of New Hampshire School of Law, and Ann Bartow, Franklin Pierce Center for IP at UNH Law, are published Ruth Bader Ginsburg’s Copyright Jurisprudence in volume 22 of the Nevada Law Journal (2022). Ryan G.

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Is Copyright Registration Required Before Licensing – Entertainment Law Asked & Answered

Gordon P. Firemark

Does a song have to be registered with the copyright office before you can obtain a license to use it in your film or other project? and $800 for expedited processing, my question is: for purposes of clearing a piece of music (say for use in a TV show), would that specific piece have to have gone all the way through the Copyright Office and received a certificate of registration from the USCO? AUDIO: TRANSCRIPT: www.firemark.com.

Entertainment Law Update Podcast 43 – No copyright, Sherlock?

Gordon P. Firemark

To Kill a Mockingbird Literary Agent Addresses Allegation of Stealing Copyright . Copyright Makes Mid-Century Works Disappear (and Helps Resurrect Old Works). Entertainment Law Update Podcast 43 – No copyright, Sherlock? Entertainment Law Brando copyright Entertainment law publicity Call us with your feedback: (310) 243-6231. In this Episode: More about Aereo, Faulkner and Sherlock Holmes. The Turtles lead class action over pre-1972 works.

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Gugliuzza on Death of a Copyright @prgugliuzza

Media Law Prof Blog

Gugliuzza, Boston University School of Law, has published Death of a Copyright at 99 Boston University Law Review 2581 (2019). A well-established feature of modern copyright law is that the term of a copyright Paul R.

Judge Denies ROSS’s Motion to Dismiss Thomson Reuters’ Copyright Lawsuit

Media Law

The judge in the copyright lawsuit brought by Thomson Reuters against ROSS Intelligence has denied ROSS’s motion to dismiss the case, finding that TR’s allegations are sufficient to allow the case to proceed to discovery.

Westkamp on Two Constitutional Cultures, Technological Enforcement and User Creativity: the Impending Collapse of the EU Copyright Regime? @QMIPRI

Media Law Prof Blog

Guido Westkamp, Queen Mary Intellectual Property Research Institute, has published Two Constitutional Cultures, Technological Enforcement and User Creativity: the Impending Collapse of the EU Copyright Regime?

Folie à deux: Will the Copyright Royalty Board Share the Madness of Pretending That Songwriters Aren’t Affected by Economic Inflation?

Music Technology Policy

It is difficult to understand the reasons why, but the current proposal for mechanical royalty rates before the Copyright Royalty Board do not include an index for inflation. Copyright Copyright Royalty Board Frozen Mechanicals Copyright Royalty Judges Inflation indexed mechanicals

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@thetrichordist: Coalition of Songwriter Groups Call on Copyright Royalty Board for Fairness and Transparency on Frozen Mechanicals

Music Technology Policy

It is a letter from a coalition of US and international songwriter groups to the Copyright Royalty Board about the frozen mechanical issue. If you want to write your own comment to the Copyright Royalty Board about frozen mechanicals, send your comment to crb@loc.gov. Chief Copyright Royalty Judge Jesse M. Feder Copyright Royalty Judge David R. Strickler Copyright Royalty Judge Steve Ruwe US Copyright Royalty Board 101 Independence Ave SE / P.O.

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Copyright Runs Amok in Comic Case

The Legal Satyricon

Marvel: Copyright in the Three-Point Landing? I love copyright law, usually. Originally, copyright protected works for 14 years, with a renewal period of 14 […]. copyrightHorizon v. Why is it there? It is there to ensure that authors and artists can profit from their work. Great idea. Unfortunately, somewhere along the line, the concept got polluted.

Getting a tattoo? If you’re in the media you need to get the copyright too!

Gordon P. Firemark

but not for the film’s producers, who failed to get the proper clearances from the owner of the copyrighted design. The tattoo artist in question has registered the copyright, and filed a lawsuit for damages and an injunction. Specifically, the Court acknowledged that the tattoo artist has established a “likelihood of success on the merits&# of the copyright infringement case. Entertainment Law copyright tattoo tyson

ALI’s Restatement of Copyright Scandal

Music Technology Policy

Shownotes for Restatement Scandal: ALI Restatement of Copyright Progress Status (note no chapters have been approved). American Law Institute, Restatement of Copyright project. Restatement of Copyright Participants. Samuelson Letter to ALI Requesting Restatement of Copyright. Spotify Lawyer Leads Law Institute “Restatement of Copyright” Project www.hypebot.com/hypebot/2018/01/s…ake-treatise.html].

Even More Bad Faith from @RonWyden on Copyright Small Claims Legislation

Music Technology Policy

damages in the Copyright Act is $150K. So what is going on that prompted a kind and reasonable fellow like Copyright Alliance chief Keith Kupferschmid to accuse Senator Wyden of bad faith negotiations in the above tweet? JustOne #CASEAct #Copyright @asmp pic.twitter.com/US2aZiTt9D.

Supreme Court Rules on Copyright Fee Shifting

THR, Esq. Entertainment & Media Law Blog

The decision is likely to be cited in most future copyright cases. The Business Business THR Online Copyrightread more. THR, Esq.

Bob Marley's "War" Sparks Copyright Fight

THR, Esq. Entertainment & Media Law Blog

Allan Cole says he wrote "War" and "Natty Dread" but just recently discovered he doesn't own the copyrights. read more. THR, Esq. Music Music THR Online Bob Marley

Taxing Dead Celebs, Fee Shifting in Copyright Cases and Red Flag Knowledge – ELU 75

Gordon P. Firemark

State Ownership of Copyrights – more news. Georgia Copyrighting its laws (relate to Butts/CA statute from last ep). More on California’s move to copyright it’s works. The post Taxing Dead Celebs, Fee Shifting in Copyright Cases and Red Flag Knowledge – ELU 75 originally appeared on Entertainment Law Offices of Gordon P. The Latest episode of my Entertainment Law podcast, Entertainment Law Update , is now available for your enjoyment.

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