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).

Google 107

You Can’t Copyright the Law

Gordon P. Firemark

Public Resource WINS, NO ONE CAN COPYRIGHT THE LAW BLACKBEARD POSTMORTEM – SENATE APPROACHING NEW LITIGATION EFFORTS NEW YORK DISTRICT CASE DISMISSES GRAFFITI ARTIST CLAIM SUPREME COURT: WILLFULNESS NOT NEEDED FOR DISGORGEMENT SECOND CIRCUIT LIMITS COPYRIGHT DAMAGES TO THREE YEARS PRIOR TO SUIT EVERLY V. The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment.

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.

Is copyright getting tougher? – Episode 78

Gordon P. Firemark

Is it harder to register a Copyright now? The post Is copyright getting tougher? 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 [link]. Here’s what we talked about… Lindsay Lohan Loses. Paid Endorsements? Are your disclosures in order? Canada is cracking down on paid social media endorsements.

EU 194

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

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.

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.

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.

Law 172

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.

Law 159

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.

Law 138

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].

Law 100

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!?

Comics 193

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.

FAQ 68

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.

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.

Law 149

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].

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. Here is the abstract.

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

Copyright Office Regulates the MLC: Selected Public Comments on MLC Transparency: @zoecello

Music Technology Policy

Copyright Office is proposing many different ways to regulate The MLC, which is the government approved mechanical licensing collective under MMA authorized to collect and pay out “all streaming mechanicals for every song ever written or that ever may be written by any songwriter in the world that is exploited in the United States under the blanket license.” ” The Copyright Office is submitting these regulations to the public to comment on.

The Copyright Office Should Set Conflict of Interest Policy for the MMA Musical Works Database

Music Technology Policy

Among other things, the MLC is also mandated to “[a]dminister a process by which copyright owners can claim ownership of musical works (and shares of musical works)” But the MMA also establishes a cohort of “special” people who can get <em>copies of the entire database</em>, a “bulk copy.” Authority of the Copyright Office to Create Database Conflict of Interest Rules. Again, important issues for the Copyright Office.

Hudson on Copyright Guidance for Using Films in Online Teaching During the COVID-19 Pandemic @DrEmilyHudson

Media Law Prof Blog

Emily Hudson, King's College London School of Law, has published Copyright Guidance for Using Films in Online Teaching During the COVID-19 Pandemic. This Guidance discusses copyright options for using feature films and other audiovisual content in

Guest Post by Stephen Hollis: South Africa Creative Sectors Petition SA President on Copyright Bill

Music Technology Policy

[MTP readers will recall that there is a fierce fight going on in South Africa over a new national copyright amendment that is backed by Big Tech but bitterly opposed by South Africa’s creative sector. One of the catalysts of change was the 2011 Copyright Review Commission (CRC) report which was commissioned by Minister Rob Davies after a group of musicians petitioned the Office of then President Zuma in a plea for assistance.

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

Music Technology Policy

damages in the Copyright Act is $150K. Because the CASE Act would provide meaningful relief to artists in all copyright categories caught up in DMCA hell, the ennui of learned helplessness brought on by the call and response of notice and counter notice that gives Google domain over vast numbers of copyrights from people who can’t afford to fight back in federal court. Senator Wyden has a history of placing holds on copyright legislation.

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.

Tax 153

'Monkey Selfie' Appellate Ruling Finds Animals Can't File Copyright Suits

THR, Esq. Entertainment & Media Law Blog

"We conclude that this monkey — and all animals, since they are not human — lacks statutory standing under the Copyright Act." read more. THR, Esq. Tech Tech THR Online

Stairway to Heaven, Copyright Small Claims, Tattoo T-Shirt & DOJ Ruling – Episode 76

Gordon P. Firemark

2 Is there a Small Claims Copyright Court in the future? The post Stairway to Heaven, Copyright Small Claims, Tattoo T-Shirt & DOJ Ruling – Episode 76 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. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at [link].

Copyright Royalty Board Announces Changes in Judges

Broadcast Law Blog

With the Copyright Royalty Board now in the early stages of the next proceeding to consider webcasting royalties (see our article here ) as well as other proceedings including the distribution of cable and satellite television royalties to TV programmers (see these CRB notices ), the Chief Judge of the CRB, Suzanne Barnett, announced her retirement earlier this month.

Board 48

Attention @USTradeRep: Songwriters and Publishers Call on Canadian Parliament to Ratify the Canada-U.S.-Mexico Agreement to Close Copyright Loophole

Music Technology Policy

We’ll be coming back to this soon, but readers should be aware that there’s a loophole in Canada’s Copyright Act that can be closed immediately through the the USMCA trade agreement. Canada has an odd anachronism in the copyright term for works other than sound recordings–unlike the majority of Canada’s trading partners, Canadian copyright is based on the old life plus 50.

Copyright Office Regulates the MLC: Selected Public Comments on MLC Transparency: MediaNet

Music Technology Policy

The Copyright Office has solicited comments on the transparency of The MLC and received quite a few well-thought out comments (if I say so myself). Insufficient care was taken at the Copyright Office and at The MLC to create systems to reduce the fact of this conflict negatively affecting the operations of The MLC which presents an opportunity to leave the bad days behind. 1] Transcript , United States Copyright Office Unclaimed Royalties Study Kickoff Symposium (Dec.

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.

Tax 147

Goodyear on Copyright Liability as a Model for Restricting Fake News

Media Law Prof Blog

Copyright Liability as a Model for Restricting Fake News in volume 34 of the Harvard Journal of Law & Technology. Michael Goodyear, University of Michigan Law School, is publishing Is There No Way to the Truth?

Law 52

Top Trademark/Copyright/Entertainment Law Posts of 2013

Current Trends

There’s a great mix of trademark, copyright and music publishing cases. Number 1: Bikram Yoga Protected by Trademark NOT Copyright – It’s Hot. Number 4: Sherlock Holmes, Elementary, Copyright Protection and Trademarks. Number 1: Bikram Yoga Protected by Trademark NOT Copyright – It’s Hot. copyright copyright infringement Music Publishing trademark Copyright Copyright Litigation Entertainment lawsuit Music Business Trademark

Victory in Europe: The Two Years War over the Copyright Directive has Begun

Music Technology Policy

If you’ve heard about the new copyright law in Europe, you’ve probably heard that the new rules with either break the Internet or bring Big Tech to heel. Nowhere is the unvirtuous circle more obvious than in Europe during the run up to and final passage of the new European Copyright Directive. Those fines seem large, but were barely discussed compared to the braying from YouTube over the Copyright Directive.

"Blurred Lines" Appeal Brief Says Artists Can't Copyright a Groove

THR, Esq. Entertainment & Media Law Blog

"A 'groove' or 'feeling' cannot be copyrighted, and inspiration is not copying." read more. THR, Esq. Music Music THR Online

@artistrights: As Predicted, Google Refuses to Comply with EU Copyright Directive #ThisIsWhatMonopolyLooksLike

Music Technology Policy

And as predicted, Google are refusing to comply with the new European Copyright Directive as transposed into French law. Agence France-Presse reports : Google said Wednesday it will not pay European media outlets for using their articles, pictures and videos in its searches in France, in a move that will undercut a new EU copyright law. Article 13 News from the Goolag Emmanuel Macron European Copyright Directive Franck Riester Jim DeLong Neighboring RightsJournalist enemy #1.

Sherlock Holmes, Elementary, Copyright Protection and Trademarks

Current Trends

“It’s elementary my dear Watson, Sherlock Holmes might still have copyright protection.” ” Not precisely the definitive answer one expects from Sherlock’s reasoning of all things – even the intricacies of copyright law. The recent lawsuit filed against the estate of Sir Author Conan Doyle might bring out heirs of other great works created in the late 1800′s and early 20th century to see just how long copyright protection can be stretched.

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

Bikram Yoga Protected by Trademark NOT Copyright – It’s Hot!

Current Trends

Get Hot — The US Copyright Office issued a ruling in June 2012 that yoga sequences are not protected by copyright. Choudhury has multiple copyright registrations for his yoga instructional videos and materials. He is claiming a copyright in the sequence which is a compilation of 26 poses and two breathing techniques. Choudhury sued Evolation Yoga, LLC also alleging copyright infringement of the Bikram sequence.

Fans, Norms, and Copyright

Media Law Prof Blog

Stacey Lantagne, University of Mississippi School of Law, is publishing The Copymark Creep: How the Normative Standards of Fan Communities Can Rescue Copyright in the 2016 volume of the Georgia State University Law Review. Copyrighted works Here is the abstract.