Tag Archives: dmca

DMCA gives Walmart only a gleam of light in sculpture infringement case

Posted on August 24, 2021 by rtushnet

Russell v. Walmart Inc., No. CV 19-5495-MWF (JCx), 2020 WL 9073046 (C.D. Cal. Oct. 16, 2020) Russell owns registered copyrights in certain photos of sculptures that appeared on Walmart’s marketplace. Previously, the court found that all of Walmart’s affirmative defenses … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Comments on DMCA reform

Posted on December 2, 2020 by rtushnet

Senator Tillis has been soliciting suggestions for DMCA reform (including 512, 1201, and 1202). With Jessica Litman, Pam Samuelson, and Jennifer Urban, I submitted responses. The Organization for Transformative Works, on whose legal committee I serve, also submitted responses.  from … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Section 512 roundtable, open mic

Posted on April 9, 2019 by rtushnet

Open mic Janis Pilch, Rutgers U: domestically it seems obvious that litigation on 512 can’t change the systemic problem of infringement and the impossibility for most rightsholders to litigate. 512 sets up a permanent conflict b/t service providers and rightsholders.  … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Section 512 roundtable, part 4: International

Posted on April 8, 2019 by rtushnet

SESSION 4: International Developments      Carlo Scollo Lavizzari International STM Association: (Scientific Technical Medical publishers, also arts & humanities publications.) Internet hasn’t been static. Dynamic developments in Europe from platform liability and safe harbor to one of responsibility, not just from … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Section 512 roundtable part 3

Posted on April 8, 2019 by rtushnet

SESSION 3: Domestic Developments             Richard James Burgess American Association of Independent Music: Not much different from 2016. Notice and takedown hasn’t helped with staydown; still need to send lots of notice. Optimistic about EU Copyright Directive. Alex Feerst Medium: … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Section 512 Roundtable part two

Posted on April 8, 2019 by rtushnet

Jonathan Band Library Copyright Alliance: Motherless & Mavrix show problems with moderation –including compliance w/new EU rules—threatening to remove safe harbor. Sofia Castillo Association of American Publishers: still bad. Stephen Carlisle Nova Southeastern University: has one client, a small music … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

U.S. Copyright Office, Section 512 Study Roundtable

Posted on April 8, 2019 by rtushnet

Opening Remarks Karyn A. Temple, Register of Copyrights and Director, U.S. Copyright Office Nat’l and int’l changes since 2016 roundtable—looking for updates.  [Congrats on her first official event as Register!]  Tale of two cities: very different perspectives on how DMCA … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Selling copyright-infringing content isn’t trademark infringement or false advertising

Posted on February 25, 2019 by rtushnet

Joint Stock Co.“Channel One Russia Worldwide” v. Russian TV Co., 2019 WL 804506, No. 18 Civ. 2318 (LGS) (S.D.N.Y. Feb. 21, 2019) Channel One produces and broadcasts TV programming in the Russian Federation and its neighboring states, and granted third … Continue reading →

Posted in Uncategorized | Tagged , , , , , | Leave a comment

Content Moderation at Scale, DC Version

Posted on May 7, 2018 by rtushnet

Foundations: The Legal and Public Policy Framework for Content Eric Goldman gave a spirited overview of 230 and related rules, including his outrage at the canard that federal criminal law hadn’t applied to websites until recently—he pointed out that online … Continue reading →

Posted in Uncategorized | Tagged , , , , , , | Leave a comment

1201 exemption hearing: filmmaking and ebooks

Posted on April 12, 2018 by rtushnet

PROPOSED CLASS 1: Audiovisual Works—Criticism and Comment—E-Books and Filmmaking Michael C. Donaldson, FilmIndependent, International Documentary Association, Kartemquin Educational Films, Inc., Independent Filmmaker Project, University of Film and Video Association, The Alliance for Media Arts+Culture (“Joint Filmmakers”): Discusses use of film … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment