Two bills are back in motion in the U.S. Congress—the AM Radio in Every Vehicle Act, and the American Music Fairness Act (AMFA). As I argued in a post for The Hill last May, if the first bill is to become law, then the second bill should also become law. While the AM radio provision arguably has some public-serving benefits, ...
“One might expect a 140-year history of Supreme Court precedent would have led to a grant of summary judgment below, sparing everyone unnecessary time and money,” states the brief for Jeffrey Sedlik to the Ninth Circuit Court of Appeals. “Copyright infringement should have been decided by the district court as a matter of law, not at trial by a poorly-instructed ...
A common disparagement of copyright advocacy is that it is anti-technology. Despite overwhelming evidence that professional creators are early adopters of new technlogical developements, the talking point persists that enforcing the rights of creators can only “stifle innovation.” This “Luddite” critique of copyright rights was used to defend the predatory models of social and streaming platforms (and defend outright piracy), ...
After Internet Archive (IA) lost its copyright infringement suit with major publishers this week, the organization wasted no time alleging that great harm has been done to society. As if it had the posts ready to go, IA alleged that research itself was in peril and even went so far as to shamelessly post on X that works by Orwell ...
IA asks this Court to bless the large scale copying and distribution of copyrighted books without permission from or payment to the Publishers or authors. The Second Circuit Court of Appeals yesterday affirmed that Internet Archive’s digital book lending model controlled digital lending (CDL) is not permitted by copyright law, including under the fair use exception. The outcome is a ...
