In my experience, the number-one complaint about contemporary copyright is that it is unenforceable in the digital age. Independent creators take one look at the scope of infringement relative to the cost of a single litigation and give up on the idea that they have any control. Many infringers—from casual to corporate—are either unaware that they’re infringing or they know ...

You might think that among the most straightforward relationships between a user and a creator of a copyrighted work would be that of a news organization and a photographer—namely that the news organization should license the photographs it uses for any of its stories.  It is also common-sensical that whenever a news organization displays a photograph in a manner that ...

I can’t say I was surprised when the Internet Association announced on Friday that the major internet companies would be halting their lobbying efforts against the Stop Enabling Sex Trafficking (SESTA) bill. While representatives for Google, Facebook, and Twitter were enjoying Day Three of occasionally intense inquiry by the Senate Judiciary Committee over foreign meddling in our politics via social ...

That may seem obvious, but if you’re an internet service provider who fails to uphold your end of the DMCA bargain, you’d sure like the courts to think of your service as analogous to the VCR. Certainly, this is fundamental to the appeal filed in the case of BMG v. Cox Communications, for which oral arguments were heard at the ...

Yesterday afternoon the Senate Judiciary Committee held a hearing entitled:  “Extremist Content and Russian Disinformation Online:  Working with Tech to Find Solutions.” Representing the social media companies were Colin Stretch, General Counsel at Facebook; Sean Edgett, Acting General Counsel at Twitter; and Richard Salgado, Director of Law Enforcement And Information Security at Google. The news to come out of this ...

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