DOCSLIB.ORG

Section 512 of Title 17 a Report of the Register of Copyrights May 2020 United States Copyright Office

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Section 512 of Title 17 a Report of the Register of Copyrights May 2020 United States Copyright Office united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 U.S. Copyright Office Section 512 Report ACKNOWLEDGEMENTS The publication of this Report is the final output of several years of effort by the Copyright Office to assist Congress with evaluating ways to update the Copyright Act for the 21st century. The genesis of this Report occurred in the midst of the two years of copyright review hearings held by the House Judiciary Committee that spanned the 113th and 114th Congresses. At the twentieth and final hearing in April 2015, the Copyright Office proposed several policy studies to aid Congress in its further review of the Copyright Act. Two studies already underway at the time were completed after the hearings: Orphan Works and Mass Digitization (2015), which the Office later supplemented with a letter to Congress on the “Mass Digitization Pilot Program” (2017), and The Making Available Right in the United States (2016). Additional studies proposed during the final hearing that were subsequently issued by the Office included: the discussion document Section 108 of Title 17 (2017), Section 1201 of Title 17 (2017), and Authors, Attribution, and Integrity: Examining Moral Rights in the United States (2019). The Office also evaluated how the current copyright system works for visual artists, which resulted in the letter to Congress titled “Copyright and Visual Works: The Legal Landscape of Opportunities and Challenges” (2019). Shortly after the hearings ended, two Senators requested a review of the role of copyright law in everyday consumer products and the Office subsequently published a report, Software-Enabled Computer Products (2016). Finally, two of our prior studies that were highlighted at that April 2015 hearing, Copyright Small Claims (2013) and Copyright and the Music Marketplace (2015), turned into legislative opportunities, with the 2018 passage of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA), and the 2019 passage by the House of Representatives of the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). This Report on section 512 is the final study to emerge from that set of congressional hearings. It is also the first comprehensive study issued by a U.S. government agency on the operation of section 512. Complex issues are involved: the operation of copyright liability in the online environment has tremendous legal, social, economic, and technological implications. Courts have been issuing decisions on various elements of section 512 for two decades. Changes in technology and business models used to create and disseminate copyrighted materials continues to grow in ways that could not have been imagined in 1998 when the Digital Millennium Copyright Act was passed. It should surprise no one that this issue and this docket have generated considerable public interest. I would like to thank the many individuals and organizations who participated in roundtables and provided comments and empirical studies to aid the Office in this process. This Report is the culmination of years of work; we have looked at the past, evaluated the present, and identified important issues, themes, and consideration for next steps. The laboring oar on this Report has been wielded by the legal staff of the Office of Policy and International Affairs, who helped write the very first Federal Register notice, attended all of the roundtables, reviewed the record, developed its structure, researched the issues and identified paths forward, and wrote the bulk of this Report. This endeavor has involved many discussions U.S. Copyright Office Section 512 Report with, and has benefited greatly from, colleagues throughout the Office. The input and assistance of the Office of General Counsel, in particular, helped to guide and structure this Study, including through their participation in all of the roundtables and work on Federal Register notices and early drafts of the Report. Indeed, this Report represents the contributions of numerous current colleagues as well as those who have since left the office, including: senior leaders, staff attorneys, Ringer Program Fellows, law clerks serving in both Policy and International Affairs and the Office of General Counsel, as well as support assistants and production designers. To be certain, this Report, like all of the reports, studies, and legal opinions issued by the Copyright Office, is the work of the Copyright Office. For more than half of the time this docket was open, the Copyright Office has been led by an Acting Register of Copyrights. That fact does not change the nature of any document issued by the Office. We are driven by our commitment to provide expert legal advice to Congress on domestic and international copyright matters. 17 U.S.C. § 701(b)(1). It is an honor to work with our team of professionals dedicated to public service. Given the current COVID-19 challenges, they have done a spectacular job to complete and produce this Report. While we will not be able to distribute print versions to Congress at this time, this Report, as with our prior reports, will be posted online at www.copyright.gov/policy/section512/. Maria Strong Acting Register of Copyrights and Director, U.S. Copyright Office May 21, 2020 U.S. Copyright Office Section 512 Report EXECUTIVE SUMMARY ............................................................................................................................. 1 I. INTRODUCTION AND STUDY HISTORY ........................................................................................ 8 II. HISTORY AND DEVELOPMENT OF SECTION 512 ..................................................................... 13 A. Pre-DMCA Legal and Policy Landscape .................................................................................... 13 B. Congress Sought to Achieve a Balance with the DMCA .......................................................... 18 C. General Overview of Section 512 ................................................................................................. 21 1. Secondary Liability .................................................................................................................. 21 2. OSPs and Safe Harbors ........................................................................................................... 23 3. Limitations on Relief and Eligibility for Safe Harbors ....................................................... 24 4. Notice-and-Takedown Process .............................................................................................. 25 a) Takedown Notice .............................................................................................................. 25 b) Knowledge and Financial Benefit ................................................................................... 26 5. Counter-Notification ............................................................................................................... 27 III. POST-DMCA CHANGES TO THE ONLINE ECOSYSTEM .......................................................... 27 A. Technological Changes Since the 1990s Have Changed the Landscape in which Section 512 Operates ...................................................................................................... 27 B. Past Efforts to Address Changes to the Online Landscape ...................................................... 35 1. Voluntary Agreements Adopted by the Marketplace ........................................................ 35 a) Examples of Best Practices ............................................................................................... 36 b) Examples of Formal Agreements .................................................................................... 39 2. Private Initiatives ..................................................................................................................... 42 a) Educational Outreach about Access to Legal Content ................................................. 42 b) Filtering ............................................................................................................................... 42 c) Trusted Notifier Programs ............................................................................................... 46 3. Government Inquiries and Reports....................................................................................... 47 a) Intellectual Property Enforcement Coordinator ........................................................... 47 b) Internet Policy Task Force ................................................................................................ 49 IV. HOW OTHER COUNTRIES HAVE TRIED TO STRIKE THE BALANCE................................... 50 A. Notice Systems ................................................................................................................................ 52 1. Notice-and-Notice.................................................................................................................... 52 2. Graduated Response ............................................................................................................... 53 3. Notice-and-Staydown ............................................................................................................. 54 B. Verified Systems ............................................................................................................................
Load more

Recommended publications
  • How Open Source Is Changing IP Risk in the Soft Ware Supply Chain
    A New Wave of IP Risks: How Open Source is Changing IP Risk in the Software Supply Chain Table of Contents Introduction . 3 Brief Overview of Open Source and Where It Stands Today . 3 The Interplay Between Open Source and IP Risk: . 5 Understanding the Challenges Specific IP Risks in the Open Source Software Supply Chain . 7 Copyright Infringement . 7 Reputation . 9 Exposing IP Secrets . 10 Impacts on the Partner/Customer Relationship . 11 Patent Infringement . 12 Looking Ahead: The Future of Open Source Litigation . 13 Conclusion . 14 I. Introduction Open source software has been integrated into nearly is a testament to the success of open source, it also gives every industry and sector today . According to a 2016 rise to unique challenges for businesses, particularly in survey, approximately 90% of today’s organizations report the area of intellectual property . If a company cannot using open source software .1 That percentage has almost even find all of its open source code or identify its open certainly grown since . One likely reason for open source’s source dependencies, they are also likely unable to boom in popularity is the distinct cost savings it gives ensure that they are remaining compliant with open companies who use it .2 The use of open source software is source licenses and protecting themselves from business now so widespread that many companies are unaware of or reputational risk . how and where it is used, and would be unable to identify all their open source code if asked to do so . In this paper, we will examine the most common IP risks that arise from the use of open source software today, As Mark Radcliffe, a partner in the Silicon Valley office of including copyright infringement, patent infringement, DLA Piper specializing in IP and open source, explains, reputational risk, exposure of IP secrets, and the impact on “virtually all software now has a large number of open the partner/customer relationship .
    [Show full text]
  • Volume 30 Spring 2014
    SYRACUSE JOURNAL OF SCIENCE & TECHNOLOGY LAW VOLUME 30 SPRING 2014 TABLE OF CONTENTS Mass Copyright Infringement Litigation: Of Trolls, Pornography, Settlement and Joinder Christopher Civil………………………………………………………………………………...2 Notice and Manifestation of Assent to Browse-Wrap Agreements in the Age of Evolving Crawlers, Bots, Spiders and Scrapers: How Courts Are Tethered to Their Application of Register and Cairo and Why Congress Should Mandate Use of the Robots Exclusion Standard to Prevent Circumvention of Responsibility Michael Laven…………………………………………………………………………………..56 Seeing Red: Christian Louboutin’s Protection of His Trademark Through His Battle with Yves St. Laurent Sachpreet Bains…………………………………………………………………………………73 I Need a Lawyer: Establishing Statewide New York Communication Access Fund to Secure Legal Accessibility to Deaf and Hard of Hearing Clients Through Video Remote Interpreting Services in Compliance with the Americans with Disabilities Act YooNa Lim………………………………………………………………………………………99 Can You Hear Me Now? Spectrum is Shaping the Telecommunication Industry in an Increasingly Connected America James Zino……………………………………………………………………………………..131 Review of “I Know What You’re Thinking: Brain Imaging and Mental Privacy” Edited by: Sarah Richmond, Geraint Rees, and Sarah J.L. Edwards Jenna Furman…………………………………………………………………………………160 SYRACUSE JOURNAL OF SCIENCE & TECHNOLOGY LAW VOLUME 30 SPRING 2014 2013-2014 EDITORIAL STAFF EDITOR-IN-CHIEF Brittany Jones MANAGING EDITOR Tanjeev Thandi LEAD ARTICLE EDITORS FORM & ACCURACY EDITORS Alessandra
    [Show full text]
  • Illustrators' Partnership of America and Co-Chair of the American Society of Illustrators Partnership, Is One of Those Opponents
    I L L U S T R A T O R S ‘ P A R T N E R S H I P 8 4 5 M O R A I N E S T R E E T M A R S H F I E L D , M A S S A C H U S E T T S USA 0 2 0 5 0 t 7 8 1 - 8 3 7 - 9 1 5 2 w w w . i l l u s t r a t o r s p a r t n e r s h i p . o r g February 3, 2013 Maria Pallante Register of Copyrights US Copyright Office 101 Independence Ave. S.E. Washington, D.C. 20559-6000 RE: Notice of Inquiry, Copyright Office, Library of Congress Orphan Works and Mass Digitization (77 FR 64555) Comments of the Illustrators’ Partnership of America In its October 22, 2012 Notice of Inquiry, the Copyright Office has asked for comments from interested parties regarding “what has changed in the legal and business environments during the past four years that might be relevant to a resolution of the [orphan works] problem and what additional legislative, regulatory, or voluntary solutions deserve deliberation at this time.” As rightsholders, we welcome and appreciate the opportunity to comment. In the past, we have not opposed orphan works legislation in principle; but we have opposed legislation drafted so broadly that it would have permitted the widespread orphaning and infringement of copyright-protected art. In 2008, the Illustrators’ Partnership was joined by 84 other creators’ organizations in opposing that legislation; 167,000 letters were sent to members of Congress from our website.
    [Show full text]
  • How Marvel and Sony Sparked Public
    Cleveland State Law Review Volume 69 Issue 4 Article 8 6-18-2021 America's Broken Copyright Law: How Marvel and Sony Sparked Public Debate Surrounding the United States' "Broken" Copyright Law and How Congress Can Prevent a Copyright Small Claims Court from Making it Worse Izaak Horstemeier-Zrnich Cleveland-Marshall College of Law Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Intellectual Property Law Commons How does access to this work benefit ou?y Let us know! Recommended Citation Izaak Horstemeier-Zrnich, America's Broken Copyright Law: How Marvel and Sony Sparked Public Debate Surrounding the United States' "Broken" Copyright Law and How Congress Can Prevent a Copyright Small Claims Court from Making it Worse, 69 Clev. St. L. Rev. 927 (2021) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol69/iss4/8 This Note is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. AMERICA’S BROKEN COPYRIGHT LAW: HOW MARVEL AND SONY SPARKED PUBLIC DEBATE SURROUNDING THE UNITED STATES’ “BROKEN” COPYRIGHT LAW AND HOW CONGRESS CAN PREVENT A COPYRIGHT SMALL CLAIMS COURT FROM MAKING IT WORSE IZAAK HORSTEMEIER-ZRNICH* ABSTRACT Following failed discussions between Marvel and Sony regarding the use of Spider-Man in the Marvel Cinematic Universe, comic fans were left curious as to how Spider-Man could remain outside of the public domain after decades of the character’s existence.
    [Show full text]
  • Statement of Terrica Carrington Vice President
    Statement of Terrica Carrington Vice President, Legal Policy & Copyright Counsel Copyright Alliance before the HOUSE COMMITTEE ON THE JUDICIARY September 30, 2020 Good afternoon, Chairman Nadler, Ranking Member Jordan and members of the House Judiciary Committee, and thank you for the opportunity to testify at today’s hearing titled, “Copyright and the Internet in 2020: Reactions to the Copyright Office’s Report on the Efficacy of 17 U.S.C. § 512 After Two Decades.” My name is Terrica Carrington and I am VP, Legal Policy & Copyright Counsel at the Copyright Alliance, a non-profit, non-partisan public interest and educational organization dedicated to advocating policies that promote and preserve the value of copyright, and to protecting the rights of creators and innovators. The Copyright Alliance represents the copyright interests of over 13,000 organizations in the United States, across the spectrum of copyright disciplines, and over 1.8 million individual creators, including photographers, authors, songwriters, coders, bloggers, artists and many more individual creators and small businesses that rely on copyright law to protect their creativity, efforts, and investments in the creation and distribution of new copyrighted works for the public to enjoy. One of the greatest threats to the welfare of the creative community is piracy. Piracy is a persistent and evolving problem for virtually all types of copyrighted works and copyright owners and undermines the rights of creators and the value of copyright. It is essential that the copyright industries, including the millions of individual creators and small businesses across the country that rely on copyright law, be able to recoup their investments in order to fund the next wave of investment, create and distribute quality content for the public to enjoy, and ensure job stability for the nearly 5.7 million men and women these industries employ in the United States.
    [Show full text]
  • Copyright 2018 4Th Edition a Practical Cross-Border Insight Into Copyright Law
    ICLG The International Comparative Legal Guide to: Copyright 2018 4th Edition A practical cross-border insight into copyright law Published by Global Legal Group, in association with Bird & Bird LLP With contributions from: Anderson Mōri & Tomotsune KISCH IP Arnold & Porter Kaye Scholer LLP LexOrbis Bereskin & Parr LLP LPS L@w Bird & Bird LLP MinterEllison BROSS & PARTNERS PEREZ CORREA & ASOCIADOS, SC Daniel Legal & IP Strategy S. P. A. Ajibade & Co Deep & Far Attorneys-at-Law Seow & Associates FRORIEP Legal SA SyCip Salazar Hernandez & Gatmaitan Gorodissky & Partners (Ukraine) Vash Patent LLC Güzeldere & Balkan Law Firm Weisselberg Avocat HOYNG ROKH MONEGIER ZY Partners JIPYONG The International Comparative Legal Guide to: Copyright 2018 General Chapter: 1 Communication to the Public: the Only Right Worth Talking About? – Will Smith & Phil Sherrell, Bird & Bird LLP 1 Contributing Editor Country Question and Answer Chapters: Phil Sherrell, Bird & Bird LLP 2 Australia MinterEllison: John Fairbairn & Emily Hawcroft 7 Sales Director Florjan Osmani 3 Brazil Daniel Legal & IP Strategy: Giovanna M. Sgaria de Morais Moulin & Account Director Hannah Vitória M. Fernandes 14 Oliver Smith Sales Support Manager 4 Canada Bereskin & Parr LLP: Jill Jarvis-Tonus 20 Toni Hayward 5 China ZY Partners: Zhou Qiang & Deng Huiqiong 26 Senior Editors Suzie Levy, Rachel Williams 6 France Weisselberg Avocat: Elise Weisselberg 32 Chief Operating Officer Dror Levy 7 Germany HOYNG ROKH MONEGIER: Thomas H. Schmitz & Mathis Breuer 37 Group Consulting Editor Alan Falach 8 India LexOrbis: Dheeraj Kapoor & Aprajita Nigam 42 Publisher Rory Smith 9 Japan Anderson Mōri & Tomotsune: Masayuki Yamanouchi & Yuri Fukui 49 Published by 10 Korea JIPYONG: Seung Soo Choi & Seungmin Jasmine Jung 55 Global Legal Group Ltd.
    [Show full text]
  • Canadian Retransmission Collective
    The Honourable Navdeep Bains, P.C., M.P. Minister of Innovation, Science and Economic Development House of Commons Ottawa, Ontario K1A 0A6 The Honourable Mélanie Joly Minister of Canadian Heritage House of Commons Ottawa, Ontario K1A 0A6 Copyright Board of Canada 56 Sparks St., Suite 800 Ottawa, Ontario K1A 0C9 Re: A Consultation on Options for Reform to the Copyright Board of Canada Attention: [email protected] A. INTRODUCTION Canadian Retransmission Collective (CRC) is pleased to respond to the Government of Canada’s request for submissions of August 9, 2017 to all Copyright Board stakeholders, requesting commentary on the matters raised in the Consultation on Options for Reform to the Copyright Board of Canada (the “Discussion Paper”). CRC is a copyright collective representing thousands of program rights holders. Its affiliates include independent Canadian program producers, the National Film Board of Canada, producers of programs shown on Public Broadcasting Service (PBS) and Réseau France Outremer (RFO), educational TV producers in Canada (except Télé-Québec), all foreign producers and broadcasters outside North America, and producers of music videos used in Canadian programs. CRC’s mandate is to ensure that distant signal royalties reflect an equitable market value and are flowed through to program rightsholders in a timely and efficient manner. Achieving these goals is essential to promoting a copyright ecosystem that encourages the creation and dissemination of new content. CRC fully supports the Government of Canada’s and the Copyright Board’s policy goals in reviewing the legislative and regulatory framework of the powers and procedures of the Board. All stakeholders – copyright owners, intermediaries, and users alike – will benefit from a more efficient Copyright Board process.
    [Show full text]
  • Content & Technology Policy Report May
    1800 M Street NW | 5th Floor | Washington D.C. 20036 Tel: (202) 327-8100 | Fax: (202) 327-8101 CONTENT & TECHNOLOGY POLICY REPORT MAY 6, 2016 I. Congressional Updates: The Senate Judiciary Subcommittee on Privacy, Technology and the Law has scheduled a hearing on May 11 at 2:30PM on Headlines and Highlights: “Examining the Proposed FCC Privacy Rules.” The hearing will feature witness testimony from Federal Communications The Supreme Court agrees Commission (FCC) Chairman Thomas Wheeler, FCC to hear case with Commissioner Ajit Pai, Federal Trade Commission (FTC) implications for copyright- Chairwoman Edith Ramirez, and FTC Commissioner Maureen eligibility Ohlhausen. The Copyright Office holds The House Ways and Means Tax Policy Subcommittee has public roundtables on its scheduled a hearing on Member proposals for improvements section 512 study to the U.S. tax system. The hearing will take place on May 12 at 10:00AM. Oral testimony will be limited to Members of TTIP leak reveals EU Congress who have either introduced or cosponsored tax concerns over protracted legislation. Notably, Subcommittee Chairman Charles U.S. copyright review Boustany (R-LA) and his colleague Richard Neal (D-MA) released a bipartisan discussion draft in 2015 for an Chinese Sci-Hub domain is “innovation box”; the draft legislation would create a shut down preferential tax rate for income derived from certain IP. In the Blogs: The Senate Finance Committee has scheduled an oversight hearing of the Customs and Border Protection Agency (CBP) Copyright Q&A on May 11 at 10:00AM. CBP Commissioner Gil Kerlikowske Copyright Alliance is scheduled to testify as the sole witness at the hearing.
    [Show full text]
  • The Copyright Alert System: a Potential Unfair Burden on Small Business Owners, 23 J
    Journal of Law and Policy Volume 23 | Issue 1 Article 8 2014 The opC yright Alert System: A Potential Unfair Burden On Small Business Owners Rachel Schneidman Follow this and additional works at: https://brooklynworks.brooklaw.edu/jlp Recommended Citation Rachel Schneidman, The Copyright Alert System: A Potential Unfair Burden On Small Business Owners, 23 J. L. & Pol'y (2014). Available at: https://brooklynworks.brooklaw.edu/jlp/vol23/iss1/8 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Journal of Law and Policy by an authorized editor of BrooklynWorks. THE COPYRIGHT ALERT SYSTEM: A POTENTIAL UNFAIR BURDEN ON SMALL BUSINESS OWNERS Rachel A. Schneidman* The Copyright Alert System (CAS) confers on Internet Service Pro- vider’s (ISPs) the power to use “mitigating measures” against alleged copyright infringers in order to discourage piracy. This power is a result of a voluntary agreement between the ISPs, the Motion Picture Associa- tion of America, and the Recording Industry Association of America. Alt- hough the effectiveness of the CAS and the privacy concerns it raises have been analyzed in academic literature, the possible encumbrance of the CAS on small business owners has not been sufficiently considered. This Note argues that while the CAS may be a valuable tool in im- peding online piracy, it has the potential to unfairly burden small busi- ness owners. Specifically, this Note asserts that the CAS’s scope should be expanded to include all broadband users, including residential and business users of every size.
    [Show full text]
  • An Act to Amend the Copyright Act
    Bill C-32: An Act to amend the Copyright Act Publication No. 40-3-C32-E 20 July 2010 Dara Lithwick Legal and Legislative Affairs Division Parliamentary Information and Research Service Legislative Summary of Bill C-32 HTML and PDF versions of this publication are available on IntraParl (the parliamentary intranet) and on the Parliament of Canada website. In the electronic versions, a number of the endnote entries contain hyperlinks to referenced resources. Ce document est également publié en français. Library of Parliament Legislative Summaries summarize government bills currently before Parliament and provide background about them in an objective and impartial manner. They are prepared by the Parliamentary Information and Research Service, which carries out research for and provides information and analysis to parliamentarians and Senate and House of Commons committees and parliamentary associations. Legislative Summaries are revised as needed to reflect amendments made to bills as they move through the legislative process. Notice: For clarity of exposition, the legislative proposals set out in the bill described in this Legislative Summary are stated as if they had already been adopted or were in force. It is important to note, however, that bills may be amended during their consideration by the House of Commons and Senate, and have no force or effect unless and until they are passed by both houses of Parliament, receive Royal Assent, and come into force. Any substantive changes in this Legislative Summary that have been made since the preceding issue are indicated in bold print. Publication No. 40-3-C32-E Ottawa, Canada, Library of Parliament (2010) CONTENTS 1 BACKGROUND ........................................................................................................
    [Show full text]
  • 1 Precedential United States Court Of
    PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 10-2163 _____________ PETER MURPHY, Appellant, v. MILLENNIUM RADIO GROUP LLC; CRAIG CARTON; RAY ROSSI _____________ On Appeal from the United States District Court for the District of New Jersey (No. 08-cv-1743) District Judge: Honorable Joel A. Pisano ___________ Argued January 25, 2011 1 Before: FUENTES and CHAGARES, Circuit Judges; POLLAK, District Judge* (Opinion Filed: June 14, 2011) Maurice Harmon (argued) Harmon & Seidman, LLC The Pennsville School 533 Walnut Drive Northampton, PA 18067 Attorney for Appellant David S. Korzenik (argued) Miller Korzenik Sommers LLP 488 Madison Ave. New York, NY 10022 Thomas J. Cafferty (argued) Gibbons P.C. One Gateway Center Newark, NJ 07102-5310 Attorneys for Appellee * The Honorable Louis H. Pollak, Senior District Judge for the United States District Court for the Eastern District of Pennsylvania, sitting by designation. 2 OPINION OF THE COURT Fuentes, Circuit Judge: Peter Murphy (“Murphy”) has filed an appeal from the decision of the District Court granting summary judgment to Millennium Radio Group, Craig Carton, and Ray Rossi (the “Station Defendants”) on Murphy‟s claims for violation of the Digital Millennium Copyright Act (“DMCA”), copyright infringement, and defamation under state law. For the reasons given below, we reverse on all counts. I. Background In 2006, Murphy was hired by the magazine New Jersey Monthly (“NJM”) to take a photo of Craig Carton and Ray Rossi, who at the time were the hosts of a show on the New Jersey radio station WKXW, which is owned by Millennium Radio Group.
    [Show full text]
  • FAQ's on the Center for Copyright Information and Copyright Alert
    FAQ’s on The Center for Copyright Information And Copyright Alert System 1. How significant is online content theft? • Content theft is estimated to cost the U.S. economy $58 billion, 373,000 American jobs and $16 billion in lost employee earnings every year, and to cost federal, state and local governments $2.6 billion each year in lost tax revenue. However, data suggests1 that most users (up to 70%) would stop content theft once alerted that it is occurring, that it is illegal and that there are consequences associated with continuing to engage in it. A new educational center and system of alerts – similar to credit card fraud alerts – will help address this problem. The alerts will let subscribers know when their accounts have been identified for possible content theft, advise subscribers of the serious consequences associated with it, and encourage them to stop it from occurring again. 2. What is the Center for Copyright Information? • The Center for Copyright Information (“CCI”) will focus on educating subscribers about the importance of copyright protection and lawful ways to obtain movies and music online. The Center will also help to develop and confirm “best-practices” for a new system of progressive Copyright Alerts, similar to credit card fraud alerts, which will alert subscribers when potential content theft is identified on their Internet accounts. The Center is being established jointly by the film, music, and television industries in partnership with Internet Service Providers (ISPs) and will benefit from guidance by consumer advocates and technical experts serving on its advisory committee or providing other expert services.
    [Show full text]