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Features

Second Circuit Affirms 'ReDigi': No 'Resale' of Digital Music Files Image

Second Circuit Affirms 'ReDigi': No 'Resale' of Digital Music Files

Robert J. Bernstein & Robert W. Clarida

The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling in <i>Capitol Records LLC v. ReDigi Inc.</i>, affirming summary judgment in favor of Capitol Records and its record label co-plaintiffs in a case that raised issues of first impression concerning first sale and fair use in the age of digital music distribution.

Features

UMG v. Grande Communications: Another Victory for the Music Industry in Its Battle to Hold ISPs Liable for Peer-to-Peer File Sharing Image

UMG v. Grande Communications: Another Victory for the Music Industry in Its Battle to Hold ISPs Liable for Peer-to-Peer File Sharing

J. Alexander Lawrence

Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.

Columns & Departments

IP News Image

IP News

Howard Shire & Christine Weller

Kapoor v. National Rifle Association of America

Features

Perfecting Film Financiers' Liens in Copyrights Image

Perfecting Film Financiers' Liens in Copyrights

Bruce Goldner

The law on how to perfect a lien in a copyright application is foggy at best. This article sketches out pitfalls of the current process for perfecting a lien on a copyright application, and potential steps that a financier may take to help perfect and protect a film investment.

Features

Decision of Note: 6th Cir. Says No 'Magic Words' to 'Elect' Copyright Statutory Damages Image

Decision of Note: 6th Cir. Says No 'Magic Words' to 'Elect' Copyright Statutory Damages

Stan Soocher

The U.S. Court of Appeals for the Sixth Circuit decided that §504 of the U.S. Copyright Act doesn't require any “magic words incantation” for a copyright infringement plaintiff to choose a statutory damages award, that “[t]he word 'elect' does not by itself require formal procedures.”

Features

SCOTUS Hears Arguments on Copyright Registration Approvals Image

SCOTUS Hears Arguments on Copyright Registration Approvals

Scott Graham

While hearing January 2019 oral arguments before it, the U.S. Supreme Court sounded inclined to resolve a circuit courts' split over copyright registration procedures against copyright holders.

Features

Making Sense of YouTube's Monetization Policies Image

Making Sense of YouTube's Monetization Policies

Gwendolyn Seale

This article delves into YouTube's policies for channel monetization, explores the different streams of revenue an artist or creator may be entitled to receive for their works, and offer suggestions to indie creators and more established creators, so they can meet these new thresholds.

Features

How Will the Music Modernization Act's Mechanical Licensing Collective Work? Image

How Will the Music Modernization Act's Mechanical Licensing Collective Work?

Chris Castle

This article focuses on managing change for clients affected by the MMA's government-mandated mechanical licensing collective. In my view, far from putting songwriters on a trajectory away from the government regulation that has oppressed them for generations, the collective imposes an entirely new bureaucracy with potentially significant costs that are not readily apparent.

Features

Abandonment Defense Stays in Copyright Suit on Filesharing Image

Abandonment Defense Stays in Copyright Suit on Filesharing

Zach Needles

Malibu Media LLC is by now well-known as a frequent filer of copyright infringement lawsuits nationwide against Web users alleged to have illegally downloaded and shared the company's adult films. But a federal judge in Pennsylvania recently said it should be up to a jury to decide whether the company is entitled to stake a claim to those copyrights in the first place.

Features

DMCA Filmmakers Exemption Expanded Image

DMCA Filmmakers Exemption Expanded

Scott Graham

Digital Millennium Copyright Act exemptions aren't just for documentary filmmakers anymore. The U.S. Copyright Office and Library of Congress has broadened a DMCA exemption to now allow more filmmakers to circumvent anti-copying technology and rip short video clips for purposes of commentary and criticism.

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