Posts by Jef Pearlman:

Sherwin posted last week about the amended Google Books settlement and our amicus brief expressing our opposition to the settlement as written and our concern that it would lead to a monopoly on providing access to orphan works. The DOJ's Antitrust Divison has once again weighed in on the settlment (their previous brief is here, with our analysis here). Their conclusions appear to be largely the same as ours: "Although the United States believes the parties have approached this effort in good faith and the [Amended Settlement Agreement (ASA)] is more circumscribed in its sweep than the original Proposed Settlement, the ASA suffers from the same core problem as the original agreement: it is an attempt to use the class action mechanism to implement forward-looking business arrangements that go far beyond the dispute before the Court in this litigation."

Read More

In the media world, there’s an ongoing war about what it means to “own” a copy of something. Most of us are used to the world of paper books and plastic CDs, where the media you buy is yours to do what you like with, be that play it in your living room, lend it to a friend, or (as a practical matter) rip it to your computer for your own use on other devices or locations. But in the world of DRM, the copyright owner gets to decide when, if, and for how long you get to do those things. The latest salvo in the battle to get consumers to accept DRM is DECE: the “Digital Entertainment Content Ecosystem.” DECE appears to be an attempt to make DRM interoperate better across different devices, services, and content sources. Is this a good thing – or at least a less bad thing – for content users? I’m not holding my breath…

**Ownership vs.

Read More

[This post was written at a live event.]

Welcome to the third session:

Chris Burke, Terri Bays, Lincoln Bandlow, Mark Dery, and DJ Earworm with moderator Orlando Bagwell.

OB: This is gonna move fast!

LB: One comment on the last panel and statutory damages. Statory damages is a range of money. We should have a legislative fix, where if the defendant brings a good faith fair use defense, statutory damages shall be $250. Second legislative fix: If you prevail on fair use, you shall be awarded attorneys fees. I'm a lawyer, that's for you makers. I'm goig to show you a clip from a documentary about roadside eateries. Clip about Bob's Big Boy. Interview has a picture in the background by artist who had been commissioned to paint it. Sued for copyright infringement. LB: brought fair use defense and case immediately thrown out — documentary film, and should be able to present the wrold as it is.

Read More

[This post was written at a live event.]

Gigi does brief introductions of the panelists: Rakesh Agrawal, Dan Reetz, Andrew McLaughlin, and Michael Robertson.

GBS: Intro question. What has been your biggest fair use challenge? And for AM, what will be the administration's approach to fair use?

RA: Our product (Snapstream) is a cross between a DVR and a search engine — search inside TV shows and do things with what you find. Slide shows you can search, find something in a show, and it will take you to the point of the show that has the reference in question. Typically our customers are the ones making fair uses of what they find. Gov't organizations use it for ego searches ("what's being said about us"?) Used for research for journalism schools. Used by TV shows like The Soup and the Daily Show for source clips. Demo video from the Soup about Twitter: Great montage of all the shows talking about Twitter that week. ("It's the digital Macarena!") Just one example.

Read More

[This post was written at a live event.]

Up during lunch we have Anthony Falzone and Peter Jaszi answering question about copyright, fair use, and remixing.

AF: Started the Fair Use Project 3 years ago to clarify/expand the boundaries of Fair Use, primarily through litigation but also through authors. Have represented numerous fair users. Formerly represented Shepard Fairey, but to be clear: he still believes completely in the merits of Shepard's case.

PJ: Lots of work on fair use at the Samuelson. Recently working with Pat with communities to develop codes of best practices for fair use which are having impact within the field. People who use the works are reclaiming the rights they had been given 170 years ago by the courts. Thanks to PK and the practitioners who are exercising the rights the (c) act gives them. Thanks also to generations of lawyers/clients who have done so much to make fair use real: EFF and Fair Use Project, but also individuals and their lawyers.

Read More

No posts by this author.

Posts by Jef Pearlman:

Sherwin posted last week about the amended Google Books settlement and our amicus brief expressing our opposition to the settlement as written and our concern that it would lead to a monopoly on providing access to orphan works. The DOJ's Antitrust Divison has once again weighed in on the settlment (their previous brief is here, with our analysis here). Their conclusions appear to be largely the same as ours: "Although the United States believes the parties have approached this effort in good faith and the [Amended Settlement Agreement (ASA)] is more circumscribed in its sweep than the original Proposed Settlement, the ASA suffers from the same core problem as the original agreement: it is an attempt to use the class action mechanism to implement forward-looking business arrangements that go far beyond the dispute before the Court in this litigation."

Read More

In the media world, there’s an ongoing war about what it means to “own” a copy of something. Most of us are used to the world of paper books and plastic CDs, where the media you buy is yours to do what you like with, be that play it in your living room, lend it to a friend, or (as a practical matter) rip it to your computer for your own use on other devices or locations. But in the world of DRM, the copyright owner gets to decide when, if, and for how long you get to do those things. The latest salvo in the battle to get consumers to accept DRM is DECE: the “Digital Entertainment Content Ecosystem.” DECE appears to be an attempt to make DRM interoperate better across different devices, services, and content sources. Is this a good thing – or at least a less bad thing – for content users? I’m not holding my breath…

**Ownership vs.

Read More

[This post was written at a live event.]

Welcome to the third session:

Chris Burke, Terri Bays, Lincoln Bandlow, Mark Dery, and DJ Earworm with moderator Orlando Bagwell.

OB: This is gonna move fast!

LB: One comment on the last panel and statutory damages. Statory damages is a range of money. We should have a legislative fix, where if the defendant brings a good faith fair use defense, statutory damages shall be $250. Second legislative fix: If you prevail on fair use, you shall be awarded attorneys fees. I'm a lawyer, that's for you makers. I'm goig to show you a clip from a documentary about roadside eateries. Clip about Bob's Big Boy. Interview has a picture in the background by artist who had been commissioned to paint it. Sued for copyright infringement. LB: brought fair use defense and case immediately thrown out — documentary film, and should be able to present the wrold as it is.

Read More

[This post was written at a live event.]

Gigi does brief introductions of the panelists: Rakesh Agrawal, Dan Reetz, Andrew McLaughlin, and Michael Robertson.

GBS: Intro question. What has been your biggest fair use challenge? And for AM, what will be the administration's approach to fair use?

RA: Our product (Snapstream) is a cross between a DVR and a search engine — search inside TV shows and do things with what you find. Slide shows you can search, find something in a show, and it will take you to the point of the show that has the reference in question. Typically our customers are the ones making fair uses of what they find. Gov't organizations use it for ego searches ("what's being said about us"?) Used for research for journalism schools. Used by TV shows like The Soup and the Daily Show for source clips. Demo video from the Soup about Twitter: Great montage of all the shows talking about Twitter that week. ("It's the digital Macarena!") Just one example.

Read More

[This post was written at a live event.]

Up during lunch we have Anthony Falzone and Peter Jaszi answering question about copyright, fair use, and remixing.

AF: Started the Fair Use Project 3 years ago to clarify/expand the boundaries of Fair Use, primarily through litigation but also through authors. Have represented numerous fair users. Formerly represented Shepard Fairey, but to be clear: he still believes completely in the merits of Shepard's case.

PJ: Lots of work on fair use at the Samuelson. Recently working with Pat with communities to develop codes of best practices for fair use which are having impact within the field. People who use the works are reclaiming the rights they had been given 170 years ago by the courts. Thanks to PK and the practitioners who are exercising the rights the (c) act gives them. Thanks also to generations of lawyers/clients who have done so much to make fair use real: EFF and Fair Use Project, but also individuals and their lawyers.

Read More

No posts by this author.

Posts by Jef Pearlman:

Sherwin posted last week about the amended Google Books settlement and our amicus brief expressing our opposition to the settlement as written and our concern that it would lead to a monopoly on providing access to orphan works. The DOJ's Antitrust Divison has once again weighed in on the settlment (their previous brief is here, with our analysis here). Their conclusions appear to be largely the same as ours: "Although the United States believes the parties have approached this effort in good faith and the [Amended Settlement Agreement (ASA)] is more circumscribed in its sweep than the original Proposed Settlement, the ASA suffers from the same core problem as the original agreement: it is an attempt to use the class action mechanism to implement forward-looking business arrangements that go far beyond the dispute before the Court in this litigation."

Read More

In the media world, there’s an ongoing war about what it means to “own” a copy of something. Most of us are used to the world of paper books and plastic CDs, where the media you buy is yours to do what you like with, be that play it in your living room, lend it to a friend, or (as a practical matter) rip it to your computer for your own use on other devices or locations. But in the world of DRM, the copyright owner gets to decide when, if, and for how long you get to do those things. The latest salvo in the battle to get consumers to accept DRM is DECE: the “Digital Entertainment Content Ecosystem.” DECE appears to be an attempt to make DRM interoperate better across different devices, services, and content sources. Is this a good thing – or at least a less bad thing – for content users? I’m not holding my breath…

**Ownership vs.

Read More

[This post was written at a live event.]

Welcome to the third session:

Chris Burke, Terri Bays, Lincoln Bandlow, Mark Dery, and DJ Earworm with moderator Orlando Bagwell.

OB: This is gonna move fast!

LB: One comment on the last panel and statutory damages. Statory damages is a range of money. We should have a legislative fix, where if the defendant brings a good faith fair use defense, statutory damages shall be $250. Second legislative fix: If you prevail on fair use, you shall be awarded attorneys fees. I'm a lawyer, that's for you makers. I'm goig to show you a clip from a documentary about roadside eateries. Clip about Bob's Big Boy. Interview has a picture in the background by artist who had been commissioned to paint it. Sued for copyright infringement. LB: brought fair use defense and case immediately thrown out — documentary film, and should be able to present the wrold as it is.

Read More

[This post was written at a live event.]

Gigi does brief introductions of the panelists: Rakesh Agrawal, Dan Reetz, Andrew McLaughlin, and Michael Robertson.

GBS: Intro question. What has been your biggest fair use challenge? And for AM, what will be the administration's approach to fair use?

RA: Our product (Snapstream) is a cross between a DVR and a search engine — search inside TV shows and do things with what you find. Slide shows you can search, find something in a show, and it will take you to the point of the show that has the reference in question. Typically our customers are the ones making fair uses of what they find. Gov't organizations use it for ego searches ("what's being said about us"?) Used for research for journalism schools. Used by TV shows like The Soup and the Daily Show for source clips. Demo video from the Soup about Twitter: Great montage of all the shows talking about Twitter that week. ("It's the digital Macarena!") Just one example.

Read More

[This post was written at a live event.]

Up during lunch we have Anthony Falzone and Peter Jaszi answering question about copyright, fair use, and remixing.

AF: Started the Fair Use Project 3 years ago to clarify/expand the boundaries of Fair Use, primarily through litigation but also through authors. Have represented numerous fair users. Formerly represented Shepard Fairey, but to be clear: he still believes completely in the merits of Shepard's case.

PJ: Lots of work on fair use at the Samuelson. Recently working with Pat with communities to develop codes of best practices for fair use which are having impact within the field. People who use the works are reclaiming the rights they had been given 170 years ago by the courts. Thanks to PK and the practitioners who are exercising the rights the (c) act gives them. Thanks also to generations of lawyers/clients who have done so much to make fair use real: EFF and Fair Use Project, but also individuals and their lawyers.

Read More

No posts by this author.

Posts by Jef Pearlman:

Sherwin posted last week about the amended Google Books settlement and our amicus brief expressing our opposition to the settlement as written and our concern that it would lead to a monopoly on providing access to orphan works. The DOJ's Antitrust Divison has once again weighed in on the settlment (their previous brief is here, with our analysis here). Their conclusions appear to be largely the same as ours: "Although the United States believes the parties have approached this effort in good faith and the [Amended Settlement Agreement (ASA)] is more circumscribed in its sweep than the original Proposed Settlement, the ASA suffers from the same core problem as the original agreement: it is an attempt to use the class action mechanism to implement forward-looking business arrangements that go far beyond the dispute before the Court in this litigation."

Read More

In the media world, there’s an ongoing war about what it means to “own” a copy of something. Most of us are used to the world of paper books and plastic CDs, where the media you buy is yours to do what you like with, be that play it in your living room, lend it to a friend, or (as a practical matter) rip it to your computer for your own use on other devices or locations. But in the world of DRM, the copyright owner gets to decide when, if, and for how long you get to do those things. The latest salvo in the battle to get consumers to accept DRM is DECE: the “Digital Entertainment Content Ecosystem.” DECE appears to be an attempt to make DRM interoperate better across different devices, services, and content sources. Is this a good thing – or at least a less bad thing – for content users? I’m not holding my breath…

**Ownership vs.

Read More

[This post was written at a live event.]

Welcome to the third session:

Chris Burke, Terri Bays, Lincoln Bandlow, Mark Dery, and DJ Earworm with moderator Orlando Bagwell.

OB: This is gonna move fast!

LB: One comment on the last panel and statutory damages. Statory damages is a range of money. We should have a legislative fix, where if the defendant brings a good faith fair use defense, statutory damages shall be $250. Second legislative fix: If you prevail on fair use, you shall be awarded attorneys fees. I'm a lawyer, that's for you makers. I'm goig to show you a clip from a documentary about roadside eateries. Clip about Bob's Big Boy. Interview has a picture in the background by artist who had been commissioned to paint it. Sued for copyright infringement. LB: brought fair use defense and case immediately thrown out — documentary film, and should be able to present the wrold as it is.

Read More

[This post was written at a live event.]

Gigi does brief introductions of the panelists: Rakesh Agrawal, Dan Reetz, Andrew McLaughlin, and Michael Robertson.

GBS: Intro question. What has been your biggest fair use challenge? And for AM, what will be the administration's approach to fair use?

RA: Our product (Snapstream) is a cross between a DVR and a search engine — search inside TV shows and do things with what you find. Slide shows you can search, find something in a show, and it will take you to the point of the show that has the reference in question. Typically our customers are the ones making fair uses of what they find. Gov't organizations use it for ego searches ("what's being said about us"?) Used for research for journalism schools. Used by TV shows like The Soup and the Daily Show for source clips. Demo video from the Soup about Twitter: Great montage of all the shows talking about Twitter that week. ("It's the digital Macarena!") Just one example.

Read More

[This post was written at a live event.]

Up during lunch we have Anthony Falzone and Peter Jaszi answering question about copyright, fair use, and remixing.

AF: Started the Fair Use Project 3 years ago to clarify/expand the boundaries of Fair Use, primarily through litigation but also through authors. Have represented numerous fair users. Formerly represented Shepard Fairey, but to be clear: he still believes completely in the merits of Shepard's case.

PJ: Lots of work on fair use at the Samuelson. Recently working with Pat with communities to develop codes of best practices for fair use which are having impact within the field. People who use the works are reclaiming the rights they had been given 170 years ago by the courts. Thanks to PK and the practitioners who are exercising the rights the (c) act gives them. Thanks also to generations of lawyers/clients who have done so much to make fair use real: EFF and Fair Use Project, but also individuals and their lawyers.

Read More

No posts by this author.

Posts by Jef Pearlman:

Sherwin posted last week about the amended Google Books settlement and our amicus brief expressing our opposition to the settlement as written and our concern that it would lead to a monopoly on providing access to orphan works. The DOJ's Antitrust Divison has once again weighed in on the settlment (their previous brief is here, with our analysis here). Their conclusions appear to be largely the same as ours: "Although the United States believes the parties have approached this effort in good faith and the [Amended Settlement Agreement (ASA)] is more circumscribed in its sweep than the original Proposed Settlement, the ASA suffers from the same core problem as the original agreement: it is an attempt to use the class action mechanism to implement forward-looking business arrangements that go far beyond the dispute before the Court in this litigation."

Read More

In the media world, there’s an ongoing war about what it means to “own” a copy of something. Most of us are used to the world of paper books and plastic CDs, where the media you buy is yours to do what you like with, be that play it in your living room, lend it to a friend, or (as a practical matter) rip it to your computer for your own use on other devices or locations. But in the world of DRM, the copyright owner gets to decide when, if, and for how long you get to do those things. The latest salvo in the battle to get consumers to accept DRM is DECE: the “Digital Entertainment Content Ecosystem.” DECE appears to be an attempt to make DRM interoperate better across different devices, services, and content sources. Is this a good thing – or at least a less bad thing – for content users? I’m not holding my breath…

**Ownership vs.

Read More

[This post was written at a live event.]

Welcome to the third session:

Chris Burke, Terri Bays, Lincoln Bandlow, Mark Dery, and DJ Earworm with moderator Orlando Bagwell.

OB: This is gonna move fast!

LB: One comment on the last panel and statutory damages. Statory damages is a range of money. We should have a legislative fix, where if the defendant brings a good faith fair use defense, statutory damages shall be $250. Second legislative fix: If you prevail on fair use, you shall be awarded attorneys fees. I'm a lawyer, that's for you makers. I'm goig to show you a clip from a documentary about roadside eateries. Clip about Bob's Big Boy. Interview has a picture in the background by artist who had been commissioned to paint it. Sued for copyright infringement. LB: brought fair use defense and case immediately thrown out — documentary film, and should be able to present the wrold as it is.

Read More

[This post was written at a live event.]

Gigi does brief introductions of the panelists: Rakesh Agrawal, Dan Reetz, Andrew McLaughlin, and Michael Robertson.

GBS: Intro question. What has been your biggest fair use challenge? And for AM, what will be the administration's approach to fair use?

RA: Our product (Snapstream) is a cross between a DVR and a search engine — search inside TV shows and do things with what you find. Slide shows you can search, find something in a show, and it will take you to the point of the show that has the reference in question. Typically our customers are the ones making fair uses of what they find. Gov't organizations use it for ego searches ("what's being said about us"?) Used for research for journalism schools. Used by TV shows like The Soup and the Daily Show for source clips. Demo video from the Soup about Twitter: Great montage of all the shows talking about Twitter that week. ("It's the digital Macarena!") Just one example.

Read More

[This post was written at a live event.]

Up during lunch we have Anthony Falzone and Peter Jaszi answering question about copyright, fair use, and remixing.

AF: Started the Fair Use Project 3 years ago to clarify/expand the boundaries of Fair Use, primarily through litigation but also through authors. Have represented numerous fair users. Formerly represented Shepard Fairey, but to be clear: he still believes completely in the merits of Shepard's case.

PJ: Lots of work on fair use at the Samuelson. Recently working with Pat with communities to develop codes of best practices for fair use which are having impact within the field. People who use the works are reclaiming the rights they had been given 170 years ago by the courts. Thanks to PK and the practitioners who are exercising the rights the (c) act gives them. Thanks also to generations of lawyers/clients who have done so much to make fair use real: EFF and Fair Use Project, but also individuals and their lawyers.

Read More

No posts by this author.