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Archive for the ‘Copyright’ Category

Written by Raquel Acosta Edited by Albert Wang and Vicki Blohm Editorial Policy I. Introduction The current copyright framework is becoming obsolete as we try to make a digital world run on an analog legal system. The Copyright Act covers “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be visually perceived, either directly or with the aid of a machine or device.” 17 U.S.C. § 401. The ability of ... Read More...
Posted On Sep - 22 - 2011 Comments Off READ FULL POST
Second Circuit Rules First Sale Doctrine Only Applies to Goods Manufactured Domestically By Heather Whitney – Edited by Chinh Vo John Wiley & Sons v. Kirtsaeng, No. 09-4896-cv (2d Cir. Aug. 15, 2011) Slip Opinion After the Supreme Court’s non-precedential decision in Costco v. Omega, 131 S.Ct. 565 (2010), it is no surprise that the nexus of the first sale doctrine and works manufactured outside of the United States remains in flux.  In Wiley, the Second Circuit affirmed the judgment ... Read More...
Posted On Sep - 21 - 2011 Comments Off READ FULL POST
District Court Rules that DMCA Safe Harbors Apply to Cloud-Storage Music Locker Service Liable for Indirect Infringement By Andrew Crocker – Edited by Jonathan Allred Capitol Records, Inc. v. MP3tunes, LLC, 07 Civ. 9931 (S.D.N.Y. Aug. 22, 2011) Slip opinion The United States District Court for the Southern District of New York ruled on competing motions for summary judgment in a copyright infringement case brought by EMI, Inc. against cloud-storage locker service MP3tunes and its executive Michael Robertson. The court ... Read More...
Posted On Aug - 29 - 2011 Comments Off READ FULL POST
Court Shuts Down DVD Streaming Service Zediva By Daniel Robinson – Edited by Kassity Liu Warner Bros. Entertainment Inc., et al. v. WTV Systems, Inc., No. CV 11-2817-JFW (C.D. Cal. August 1, 2011) Slip Opinion On August 1st, the District Court for the Central District of California granted a preliminary injunction ordering Zediva, an online video service, to shut down. The order, by Judge John Walker, held that the Plaintiffs Warner Bros. and other movie studios were likely to succeed ... Read More...
Posted On Aug - 12 - 2011 Comments Off READ FULL POST
Companies provide popular online streaming services but face copyright challenges under the DMCA By Marina Shvarts – Edited by Chinh Vo The rising popularity of online music and video streaming is raising questions concerning what exactly is considered copyright infringement under the Digital Millennium Copyright Act (DMCA). Slight variations in business models can lead to distinguishable precedent and unclear case law. As a result, some companies are attempting to negotiate licensing agreements, while others believe that their models are legal ... Read More...
Posted On Aug - 8 - 2011 Comments Off READ FULL POST
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