Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The federal 'Orphan Works' legislation (S2913 and HR5889) creates an entirely new law favoring the 'opt in' fundamentalists who prefer as many copyright formalities as possible, thereby increasing the likelihood that works will fall ' intentionally or unintentionally ' into the public domain. Some have characterized the import of the Orphan Works legislation as creating a new rateless compulsory license, or at
a minimum a 'safe harbor' for libraries (such as the Library of Congress), museums, public broadcasters and universities, as well as commercial entities.
Orphan Works A-Z
The 'elements' of the Orphan Works Act is that the new law would permit: (a) anyone (b) who cannot find (c) a copyright owner after (d) a self-policed (e) 'reasonably' (f) 'diligent search' (g) in accordance with 'best practices' (h) to exploit that work (i) in any manner (j) for anything (k) all without compensation (l) to the copyright owner (m) other than 'reasonable compensation' (n) as determined by a judge under a 'willing buyer, willing seller' standard (o) in a U.S. federal court (p) where the judge need only refer (q) to non-mandatory licensing guidelines (r) and comparable licensing fees for comparable works or the same work (s) which may not include statutory damages (t) or attorneys fees or (u) injunctive relief in most cases (v) all without public notice to the copyright owner (w) or any independent judgment or permission granted (as in Canada) by an independent government body representing the copyright owner who cannot be found or their heirs. The Act applies (x) to all copyrights (foreign and domestic) (y) and de facto requires registration in yet-to-be created databases (z) that many international lawyers believe will violate the Berne Convention in a significant enough way to cause the European Commission to bring the United States before the World Trade Organization arbitration panel with this law as they did with the Fairness in Music Licensing Act (for which the U.S. is still paying reparations we are told).
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
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
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.
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 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.
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?