New Essay: Understanding the Consumer Review Fairness Act of 2016

I’ve posted a new essay, Understanding the Consumer Review Fairness Act of 2016, to SSRN. It will be published later this year in the Michigan Telecommunications and Technology Law Review (MTTLR). I trust most of you already know about the…

Revisiting If Suing Bloggers For Copyright Infringement Can Be Profitable–BWP v. Mishka

Ever since the Righthaven debacle, I’ve been wondering about the profitability of copyright enforcement actions against bloggers. Bloggers aren’t the deepest pockets, and numerous copyright doctrines make wins and big judgments expensive and unlikely, plus a single 505 fee shift…

Copyshop Covered By “Non-Commercial” Creative Commons License–Great Minds v. FedEx

Great Minds developed a math curriculum called Eureka Math. It commercializes the Eureka Math materials itself but also released the materials pursuant to a Creative Commons Attribution-NonCommercial-Sharealike (CC BY-NC-SA) 4.0 license. Great Minds discovered at least two circumstances where school…

Copyright Office Q&A Session About The New Online DMCA Designated Agents Directory

By guest blogger Franklin Graves Last week, at the ABA’s Midyear Meeting in Miami, Florida, the Section of Intellectual Property Law’s Computer Program & New Technologies Committee hosted a Q&A event with the U.S. Copyright Office to discuss the new online DMCA Designated…

Actress in Viral Video Can't Prevent Video From Being Made Into an Advertisement--Roberts v. Bliss

Actress in Viral Video Can’t Prevent Video From Being Made Into an Advertisement–Roberts v. Bliss

Bliss produced a viral video called “10 Hours Walking in NYC as a Woman” featuring actress Shoshana Roberts. You probably saw this video when it came out; it has been viewed over 40M times. The video shows how random strangers…

Top 10 Internet Law Developments of 2016

Donald Trump’s election as president pretty much dominated our thoughts about 2016 (though Brexit was pretty significant too). So I decided to break up my annual top 10 list into two separate top 5 lists, one election-related, one not. Top…

A Seismic Ruling Revisited: No Common-Law Public Performance Rights in Pre-1972 Sound Recordings in New York–Flo & Eddie v. Sirius

By Guest Blogger Tyler Ochoa On December 20, 2016, the New York Court of Appeals (the highest court in the State of New York) held 4-2 (with one judge recused) that “New York common-law copyright does not recognize a right…

2H 2016 Quick Links, Part 2 (Copyright & Open Access)

Copyright * Goldstein v. Metropolitan Regional Information Systems, Inc., 2016 WL 4257457 (D. Md. Aug. 11, 2016) Unlike in Costar, Goldstein alleges that the Metro Photograph, on its face, contained a watermark indicating that it was copyrighted, which would support…

Stock Music Library Wins DMCA Safe Harbor Defense–Hempton v. Pond5

Gordon Hempton, an “acoustic ecologist,” creates sound clips of nature. Pond5 runs a stock library–similar to an online marketplace–consisting of 20M content items, including music clips, uploaded by 58,000 registered users. “ckennedy342” is a Pond5 uploader who, it turns out,…

Another Tortured DMCA Online Safe Harbor Ruling–EMI v. MP3Tunes

We’re inadvertently “celebrating” Section 512 week at the Technology and Marketing Law Blog, with Monday’s post on the Copyright Office’s kneecapping of designated agents, today’s post on the MP3Tunes ruling, and a forthcoming post on Pond5. In the past, blogging…