Toward a "Digital Transfer Doctrine"? the First Sale Doctrine in the Digital
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Music Modernization Act of 2018 and Its Burgeoning Impact Jeffrey G
The Music Modernization Act of 2018 and its Burgeoning Impact Jeffrey G. Knowles, Partner, Coblentz Patch Duffy & Bass LLP Lisa M. Schreihart, Attorney Abstract The Music Modernization Act of 2018 (“MMA”), enacted October 11, 2018, is the most significant reform of music copyright law in decades. As the first major legislation since the Copyright Act of 1976 to affect music royalties, the MMA has made major strides in improving compensation and to level the playing field for all music creators, including songwriters, legacy artists, and music producers. The MMA modernizes the musical works licensing scheme for today’s digital music environment, provides federal copyright protection for pre-1972 sound recordings, and ensures that music producers can get a piece of the royalty pie. The MMA may also have some shortcomings that allow room for legislative growth in the modern music era. This paper describes the key parts of the MMA and eXamines the benefits and criticisms of the Act that have surfaced in the Act’s first year as law. An Overview of the Music Modernization Act The Music Modernization Act (MMA), proposed as H.R. 1551 by Representatives Orrin G. Hatch and Bob Goodlatte, combined the Music Modernization Act of 2018 (S. 2334), the Classics Protection and Access Act (S. 2393), and the Allocation for Music Producers Act (S. 2625). The MMA, an amended version of S. 2823, passed unanimously both in the House as H.R. 5447 on April 25, 2018 and in the Senate on September 18, 2018. The MMA was enacted October 11, 2018. The MMA is intended to: 1) increase compensation to songwriters and streamline licensing of their music; 2) enable artists who recorded music before 1972 to be paid royalties when their music is played on digital services; and 3) enable music producers (e.g., record producers, sound engineers, and other studio professionals) to receive royalties for their creative contributions to recorded music. -
West V. Mead Data Central: Has Copyright Protection Been Stretched Too Far Thomas P
Hastings Communications and Entertainment Law Journal Volume 10 | Number 1 Article 4 1-1-1987 West v. Mead Data Central: Has Copyright Protection Been Stretched Too Far Thomas P. Higgins Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Thomas P. Higgins, West v. Mead Data Central: Has Copyright Protection Been Stretched Too Far, 10 Hastings Comm. & Ent. L.J. 95 (1987). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol10/iss1/4 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. West v. Mead Data Central: Has Copyright Protection Been Stretched Too Far? by THOMAS P. HIGGINS* Introduction Users of Lexis1 will not find pinpoint cites2 to page numbers in West's reporters. In a decision that has raised some eye- brows in the legal community,3 the Eighth Circuit held that Mead Data Central's (MDC) case retrieval system, LEXIS, probably infringes on the copyright of West Publishing's case reporters by including West's page numbers in its database.4 The decision raises important questions about the extent of copyright protection. For example, the Arabic number system is not copyrightable,5 and neither are judicial opinions.6 How- * A.B., Vassar College; Member, Third Year class. -
Exploring the Application of Copyright Law to Library Catalog Records, 4 Computer L.J
The John Marshall Journal of Information Technology & Privacy Law Volume 4 Issue 2 Computer/Law Journal - Fall 1983 Article 3 Fall 1983 Ownership of Access Information: Exploring the Application of Copyright Law to Library Catalog Records, 4 Computer L.J. 305 (1983) Celia Delano Moore Follow this and additional works at: https://repository.law.uic.edu/jitpl Part of the Computer Law Commons, Intellectual Property Law Commons, Internet Law Commons, Legal Writing and Research Commons, Privacy Law Commons, and the Science and Technology Law Commons Recommended Citation Celia Delano Moore, Ownership of Access Information: Exploring the Application of Copyright Law to Library Catalog Records, 4 Computer L.J. 305 (1983) https://repository.law.uic.edu/jitpl/vol4/iss2/3 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in The John Marshall Journal of Information Technology & Privacy Law by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. OWNERSHIP OF ACCESS INFORMATION: EXPLORING THE APPLICATION OF COPYRIGHT LAW TO LIBRARY CATALOG RECORDS by CELIA DELANO MOORE* TABLE OF CONTENTS I. INTRODUCTION ............................................ 306 II. TRADITIONAL CATALOGING AND COPYRIGHT LAW. 307 A. COPYRIGHT IN THE CATALOG RECORD ................... 307 1. Nature of the Catalog Record ....................... 307 a. Descriptive Cataloging........................... 308 b. Subject Cataloging............................... 310 2. Subject Matter of Copyright ......................... 311 a. Fixation .......................................... 312 b. Authorship ....................................... 312 c. Originality........................................ 312 3. The Catalog Record As the Subject of Copyright ... 314 B. COPYRIGHT IN THE LIRARY CATALOG ................... 315 1. Nature of the Library Catalog ..................... -
Android (Operating System) 1 Android (Operating System)
Android (operating system) 1 Android (operating system) Android Home screen displayed by Samsung Nexus S with Google running Android 2.3 "Gingerbread" Company / developer Google Inc., Open Handset Alliance [1] Programmed in C (core), C++ (some third-party libraries), Java (UI) Working state Current [2] Source model Free and open source software (3.0 is currently in closed development) Initial release 21 October 2008 Latest stable release Tablets: [3] 3.0.1 (Honeycomb) Phones: [3] 2.3.3 (Gingerbread) / 24 February 2011 [4] Supported platforms ARM, MIPS, Power, x86 Kernel type Monolithic, modified Linux kernel Default user interface Graphical [5] License Apache 2.0, Linux kernel patches are under GPL v2 Official website [www.android.com www.android.com] Android is a software stack for mobile devices that includes an operating system, middleware and key applications.[6] [7] Google Inc. purchased the initial developer of the software, Android Inc., in 2005.[8] Android's mobile operating system is based on a modified version of the Linux kernel. Google and other members of the Open Handset Alliance collaborated on Android's development and release.[9] [10] The Android Open Source Project (AOSP) is tasked with the maintenance and further development of Android.[11] The Android operating system is the world's best-selling Smartphone platform.[12] [13] Android has a large community of developers writing applications ("apps") that extend the functionality of the devices. There are currently over 150,000 apps available for Android.[14] [15] Android Market is the online app store run by Google, though apps can also be downloaded from third-party sites. -
Section 1201 Rulemaking: Seventh Triennial Proceeding to Determine
united states copyright office section 1201 rulemaking: Seventh Triennial Proceeding to Determine Exemptions to the Prohibition on Circumvention recommendation of the acting register of copyrights october 2018 Section 1201 Rulemaking: Seventh Triennial Proceeding to Determine Exemptions to the Prohibition on Circumvention Recommendation of the Acting Register of Copyrights TABLE OF CONTENTS I. INTRODUCTION ................................................................................................................. 1 II. LEGAL BACKGROUND ..................................................................................................... 9 A. Section 1201(a)(1) ............................................................................................................. 9 B. Relationship to Other Provisions of Section 1201 and Other Laws ........................ 11 C. Rulemaking Standards ................................................................................................. 12 D. Streamlined Renewal Process ...................................................................................... 17 III. HISTORY OF SEVENTH TRIENNIAL PROCEEDING ................................................ 20 IV. RENEWAL RECOMMENDATIONS ............................................................................... 22 V. DISCUSSION OF NEW PROPOSED CLASSES ............................................................. 31 A. Proposed Class 1: Audiovisual Works—Criticism and Comment ......................... 31 B. Proposed Class 2: Audiovisual -
ELDRED V. ASHCROFT: the CONSTITUTIONALITY of the COPYRIGHT TERM EXTENSION ACT by Michaeljones
COPYRIGHT ELDRED V. ASHCROFT: THE CONSTITUTIONALITY OF THE COPYRIGHT TERM EXTENSION ACT By MichaelJones On January 15, 2003, the Supreme Court upheld the constitutionality of the Copyright Term Extension Act ("CTEA"), which extended the term of copyright protection by twenty years.2 The decision has been ap- plauded by copyright protectionists who regard the extension as an effec- tive incentive to creators. In their view, it is a perfectly rational piece of legislation that reflects Congress's judgment as to the proper copyright term, balances the interests of copyright holders and users, and brings the3 United States into line with the European Union's copyright regime. However, the CTEA has been deplored by champions of a robust public domain, who see the extension as a giveaway to powerful conglomerates, which runs contrary to the public interest.4 Such activists see the CTEA as, in the words of Justice Stevens, a "gratuitous transfer of wealth" that will impoverish the public domain. 5 Consequently, Eldred, for those in agree- ment with Justice Stevens, is nothing less than the "Dred Scott case for 6 culture." The Court in Eldred rejected the petitioners' claims that (1) the CTEA did not pass constitutional muster under the Copyright Clause's "limited © 2004 Berkeley Technology Law Journal & Berkeley Center for Law and Technology. 1. Sonny Bono Copyright Term Extension Act, 17 U.S.C. §§ 108, 203, 301-304 (2002). The Act's four provisions consider term extensions, transfer rights, a new in- fringement exception, and the division of fees, respectively; this Note deals only with the first provision, that of term extensions. -
CPI Antitrust Chronicle May 2013 (2)
CPI Antitrust Chronicle May 2013 (2) Rethinking A Digital First Sale Doctrine In A Post- Kirtsaeng World: The Case For Caution John Villasenor Brookings Institution & University of California, Los Angeles www.competitionpolicyinternational.com Competition Policy International, Inc. 2013© Copying, reprinting, or distributing this article is forbidden by anyone other than the publisher or author. CPI Antitrust Chronicle May 2013 (2) Rethinking A Digital First Sale Doctrine In A Post- Kirtsaeng World: The Case For Caution John Villasenor1 I. INTRODUCTION In 1908, the Supreme Court articulated the first sale doctrine, holding in Bobbs-Merrill Co. v. Straus2 that a copyright owner’s “right to vend” did not include the right “to control all future retail sales.” The doctrine was codified in the Copyright Act of 19093 and again in §109(a) of the Copyright Act of 1976, which states: Notwithstanding the provisions of section 106(3) the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.4 §109(a) has generally been interpreted to apply to digital works only to the extent the material object containing a lawfully made copy is physically transferred pursuant to a sale or other disposition.5 For example, the owners of lawfully made movie DVDs and music CDs are free to sell them on eBay or donate them to a library. In addition, there is nothing in the language of §109(a) that would prohibit the sale of a storage device such as an iPod containing songs that were lawfully purchased (as opposed to licensed) and downloaded. -
Copyright Law Revision
COPYRIGHT LAW REVISION REPORT OF THE REGISTER OF COPYRIGHTS ON THE GENERAL REVISION OF THE U.S. COPYRIGHT LAW JULY 1961 Printed for the use of the House-- Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 676682 WASHINGTON : 1961 For sale by the Superlntendent of Documents, U.S. Qo7cmment Prlntlug O5ce Wn~bington25, D.O. - Prlco 45 cent8 LETTER OF TRANSMITTAL THE LIBRAR~AWOF CORORESB, Washington, l).C. July 7, 1961. Hon. SAMRAYE~N, Igpealcw of the House of Representatices, Washington. D.C. SIB: As authorized by Congress, the Copyright Office of the =brary of Con- gress has in the past few years made a number of studies preparatory to a general revision of the copyright law, title 17 of the United States Code. That program bas now been completed. Thirty-four studies and a subject index have been published in a series of 12 committee prints issued by the Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the Judiciary. The studies have been widely circulated and interested persons were inrited to submit their comments and views. On the basis of the studies and the comments and views received. the Copy- right Ofece has prepared a report on the important issues to be considered and tentative recommendations for their solution in a general revision of the law. I am pleased to submit the report of the Register of Copyrights on general re vision of the copyright law to you find to the Vice President for consideration by the Congress. Very truly yours, L. QUINCYMUMFOBD, Librarian of Congress. -
The Role of the Register of Copyrights in the Registration Process: a Critical Appraisal of Certain Exclusionary Regulations *
[Vol.116 COMMENT THE ROLE OF THE REGISTER OF COPYRIGHTS IN THE REGISTRATION PROCESS: A CRITICAL APPRAISAL OF CERTAIN EXCLUSIONARY REGULATIONS * Under the Copyright Act,' the only action required in order to obtain a valid statutory copyright in a published work is publication with the prescribed notice.' In order to perfect the rights accruing under his copyright, however, the claimant must also "promptly" de- posit two copies of the best edition of the copyrighted work, together with a claim of copyright, in the Copyright Office. 3 Fulfillment of this requirement of registration and deposit is a condition precedent to any action for copyright infringement, but the copyright itself ordi- narily remains valid pending fulfillment.4 Thus, although most claimants register their works as a matter of course, registration may be deferred, without loss of any rights, until the eve of suit. Unfortunately for some copyright claimants, however, the re- quirement of registration cannot be satisfied by the claimant's acts alone: recent cases also require that the Register of Copyrights actually issue a certificate of registration before infringement proceedings can be brought.5 To the extent that the Register has any discretion to * This Comment has been entered in the 1968 Nathan Burkan Memorial Compe- tition. ' 17 U.S.C. §§ 1-215 (1964). 2 Washingtonian Publishing Co. v. Pearson, 306 U.S. 30 (1939) ; United States v. Backer, 134 F.2d 533 (2d Cir. 1943). 17 U.S.C. § 10 (1964), provides: Any person entitled thereto by this title may secure copyright for his work by publication thereof with the notice of copyright required by this title; and such notice shall be affixed to each copy thereof published or offered for sale in the United States by authority of the copyright proprietor, except in the case of books seeking ad interim protection under section 22 of this title. -
Private Copying
Private Copying Roberto Camerani, Nicola Grassano, Diego Chavarro, Puay Tang This is an independent report commissioned by the Intellectual Property Office (IPO) Intellectual Property Office is an operating name of the Patent Office © Crown copyright 2013 2013 1 Private Copying Contents Summary 3 Music industry analysis 6 Film industry analysis 12 Publishing industry analysis 17 Software industry analysis 22 Appendix A – Terms and Conditions of Music sellers 27 Appendix B – Terms and Conditions of Books sellers 31 Appendix C – A Note on the construction of the software database 33 3 Private Copying Summary This study was commissioned by the UK IPO to collect data on whether and how four copyright industries – music, film, publishing and software – have (or not) adopted private copying measures, and on whether the price of the products in the UK reflect a right to private copying. The data Music: The dataset consists of 18,958 observations including albums in several formats (digital files, CDs, Vinyl discs, audio cassettes, etc.). The analysis covers 17,272 albums and focused on digital albums and CDs (for which details on number of tracks were available). Film: The dataset contains 3,515 products, which includes both digital films and films embedded in physical media (Blu-ray discs, DVDs, and VHS). The dataset also covers bundles, i.e. packages in which the same film is offered in multiple formats, and which may also include the possibility to download a digital copy of the film. Books: 2,071 observations on books (534) and e-books (1,537) sold by five online retailers: Amazon, GooglePlay, iTunes, Kobo and Waterstones, selected according to top-100 sales and review lists. -
PRO Licensing of Jointly Owned Works
The Register of Copyrights of the United States of America United States Copyright Office · 101 Independence Avenue SE ·Washington, DC 20559-6000 · (202) 707-8350 January 29, 2016 Dear Vice-Chairman Collins: On behalf of the United States Copyright Office, I am pleased to deliver the attached response to your letter of January 12, 2016 requesting the views of the Copyright Office regarding the licensing of jointly owned works by the performing rights organizations ("PROs"). We appreciate your continuing interest in the fair and efficient functioning of our music licensing system, which, as you know, was the subject of the Office's February 2015 report, Copyright and the Music Marketplace. Please do not hesitate to contact me should you require any further information on this subject. Respectfully, Maria A. Pallante Enclosure The Honorable Doug Collins Vice-Chairman Subcommittee on Courts, Intellectual Property and the Internet United States House of Representatives 1504 Longworth House Office Building Washington, D.C. 20515 Views of the United States Copyright Office Concerning PRO Licensing of Jointly Owned Works In February 2015, the Copyright Office released a comprehensive report on U.S. music licensing practices, Copyright and the Music Marketplace.1 The report surveys the current music licensing landscape—much of which is subject to government regulation, including the federal antitrust consent decrees that govern the performing rights organizations (“PROs”) ASCAP and BMI2—and recommends a number of structural changes. The Office -
Care and Handling of Cds and Dvds
A GUIDE FOR LIBRARIANS AND ARCHIVISTS Care and Handling of CDs and DVDs by Fred R. Byers, October 2003 Council on Library and Information Resources National Institute of Standards and Technology Care and Handling of CDs and DVDs A Guide for Librarians and Archivists by Fred R. Byers October 2003 Council on Library and Information Resources Washington, DC ii iii About the Author Fred R. Byers has been a member of the technical staff in the Convergent Information Systems Division of the Information Technology Laboratory at the National Institute of Standards and Technology (NIST) for more than six years. He works with the Data Preservation Group on optical disc reliability studies; previously, he worked on the localization of defects in optical discs. Mr. Byers’ background includes training in electronics, chemical engineering, and computer science. His latest interest is in the management of technology: he is currently attending the University of Pennsylvania and expects to receive his Executive Master’s in Technology Management (EMTM) degree in 2005. Council on Library and Information Resources The Council on Library and Information Resources is an independent, nonprofit organization dedicated to improving the management of information for research, teaching, and learning. CLIR works to expand access to information, however recorded and preserved, as a public good. National Institute of Standards and Technology Founded in 1901, the National Institute of Standards and Technology is a nonregulatory federal agency within the Technology Administration of the U.S. Department of Commerce. Its mission is to develop and promote measurement, standards, and technology to enhance productivity, facilitate trade, and improve the quality of life.