Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Music Industry Faces Dual Setbacks
Just as the reinvigorated Recording Industry Association of America (RIAA) filed its third wave of lawsuits to thwart the trading of copyrighted music online, the U.S. Court of Appeals for the District of Columbia, in a watershed ruling, struck a critical blow to the viability of those suits brought under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(h). On a separate but equally important front, the Supreme Court of the Netherlands has reaffirmed the legality of one type of peer-to-peer (P2P) filesharing software known as KaZaA.
The three-judge panel's ruling in Recording Industry Association of America v. Verizon Internet Services, Inc., No. 03-7015 (D.C. Cir. Dec. 19, 2003), poses a monumental setback for the industry's controversial anti-piracy campaign. The decision overturned U.S. District Judge John D. Bates' recent decision to enforce subpoenas filed against certain Internet service providers (ISPs) to divulge the identities of users who allegedly transferred copyrighted materials in violation of the Copyright Act.
The appeals court held that the DMCA simply does not apply to the popular P2P file-sharing networks currently used by tens of millions of Americans to download copyrighted songs.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?