At the same AI and copyright round-table referred to in my last post, Stephen Carlisle of Nova Southeastern University posed this question: Is the application of “transformative” analysis under the fair use doctrine threatening to extinguish the derivative works right? This grabbed my attention, partly because it jibed with comments I made in at least two posts about Brammer v. ...
I’ve been traveling and am, therefore, late to mention that the hotly-contested EU Copyright Directive passed last week. Not surprisingly, the usual critics have spared little hyperbole referring to the new legislation as the “end of the open internet” and a “disastrous decision.” Meanwhile, many of the copyright proponents I know view the directive as having had the teeth negotiated out of ...
Last October I reported that the Supreme Court granted cert in a case that might have led to a decision regarding complaints that cy pres awards in class action lawsuits wind up funding organizations anathema to the interests of the class. Specifically, I addressed the amicus brief filed on behalf of copyright owners outlining the ways in which, for instance, ...
Oral arguments were presented this week at the Fourth Circuit Court of Appeals in the case of Brammer v. Violent Hues Productions, Ltd. I first wrote about this story in June of 2018 after a district court in Virginia concurred with an incomprehensible fair use defense—one with implications that threaten the interests of copyright owners in every category. To quote ...
T Bone Burnett has chosen to remove the video of his excellent keynote address at SXSW 2019 but has graciously made the text available to Illusion of More. Read the full speech here. ” … today there is a growing understanding that the internet has morphed into an insidious surveillance and propaganda machine.” ...
