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The Copyright Office's Revised Compendium's Views on Digital Content, Copyrightability
Much has been written about the so-called “monkey selfie” and the dispute about whether nature photographer David Slater owns a photo snapped by a macaque monkey. The popular story sprung out of the U.S. Copyright Office's proclamation, in its new draft Compendium of U.S. Copyright Office Practices, that it will not register works produced by “nature, animals or plants.” But as entertaining as that story is, there are more practical and far-reaching consequences that arise out the Copyright Office's overhaul of its standards and practices. This is especially true for the type of digital and Internet-based businesses and technologies that operate on the entertainment industry landscape. This article identifies some of those issues ' and raises questions that remain as the Copyright Office works to finalize and implement its new standards by the end of 2014.
In August 2014, the Copyright Office released its first revision to the Compendium in nearly three decades. The Compendium is used by Copyright Office staff as a general guide to policies and procedures ' and it's a good resource for businesses and practitioners seeking copyright protections. And while the Compendium has no legal force in court, it could potentially serve as persuasive authority in copyright litigation, similar to the way the U.S. Patent and Trademark Office's Manual of Patent Examining Procedure is cited in patent litigation.
The 1,200-plus-page revised Compendium, which remains in draft form until December, constitutes a major overhaul of standards and practices. Departing from previous editions, the proposed revisions are intended to render Copyright Office practices more transparent. For example, the new Compendium features detailed examples and other tools designed to render the nuances of copyright law more navigable for both practitioners and the general public. But one of the more striking features is that it contains lots of new information on digital and Internet-based media and technologies.
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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.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.