In Monday’s post (and quite a few others) I stated that certain parties have worked very hard to distort the character of the fair use doctrine until it no longer has any boundaries or meaning, and simply nullifies copyright’s protections. For the last two years, every time I’ve made that accusation, the case foremost in mind has been TVEyes v. ...
Today marks the start of the fifth annual Fair Use Week when library institutions, academics, and several anti-copyright organizations disseminate public-facing messages—from useful to whimsical—on the virtues of the fair use doctrine in copyright law. There is, of course, nothing wrong with highlighting the utility of fair use per se, but the mere fact that these parties devote so much ...
“…it was the age of wisdom…” Goldman v. Breitbart et al An opinion handed down last week by a New York district court marks a substantial victory for rights holders, especially photographers and other visual artists. In November, I wrote about this case and opined that a too-broad application of what’s known as the “server test” effectively strips a class ...
This article specifically caught my attention because the term “rent seeking” has so frequently been misapplied to copyright. Interestingly enough, it is a term correctly used to describe the manner in which, for instance, the major tech platforms enjoy a competition-free market. Porter writes … “The scholars argue that the American economy is afflicted by “rents” — returns in excess ...
For years, producers of creative content—from individual artists to mass-media corporations—have tried to engage with internet companies (mainly Google) in an effort to stop the facilitation of rampant, unlicensed access to their material. Whether the complaint is millions of unlicensed works on YouTube, or search results leading users to pirate sites, copyright owners are all-too familiar with the dual response ...
