Post

ISPs Should Not Be Copyright Cops

December 9, 2019 Content Liability , Content Moderation , Copyright , Copyright Reform , DMCA , ISPs , Online Copyright

The internet era ushered in a new way for people around the world to access creative works with the click of a mouse or the tap of a finger. We all know that consumer demand outpaced the business models of entertainment companies, and music, movies, and other copyrighted works were, and still are, often accessed […]

Read More
Post

It’s Time To Pull Back the Curtain on the Termination Right

December 5, 2019 Copyright , Copyright Reform , Music Licensing , Termination Right

You can read our new white paper, Making Sense of the Termination Right: How the System Fails Artists and How to Fix It, at publicknowledge.org/Termination.  Hidden inside Title 17 of the United States Code of Laws sits an unassuming but powerful right that Congress gave to artists and creators: the termination right. Unlike many statutory […]

Read More
Post

Local Governments Can Work Around Problems in the TV Marketplace Themselves, with Municipal TV

September 25, 2019 Broadcast Licenses , Copyright , Retransmission Consent , STELA , STELAR

The laws around broadcasting and the retransmission of broadcast signals by cable and satellite companies are built up around a set of assumptions. One of the most basic is that individual broadcasters broadcast their signal to a specific geographic market where people can pick it up for free over the air, and pay TV providers […]

Read More
Post

What a Reasonable Copyright Small Claims Court Would Look Like

August 12, 2019 Copyright , Legislation

Creators have an uphill battle in enforcing their rights online. A small claims court to allow creators to exercise their rights without full federal litigation is a good goal, and one that should be pursued. The Copyright Alternative in Small-Claims Enforcement Act of 2019, also known as the CASE Act, presents one potential, but flawed framework for such a court. It is not, however, the only potential framework. A robust, well-designed system would be designed to balance the interests of legitimate claimants and defendants against those of bad actors seeking to turn the forum into a quick cash grab. Below, we look at the key features of such a system, and why they’re important.

Read More
Post

Federal Privacy Legislation Should Not Be Based on Data Ownership

June 27, 2019 Copyright , Data Protection , Privacy

There’s nothing wrong with saying that you “own” data. Public Knowledge has supported data ownership as a colloquialism that reflects an intuition: Data about us provides information regarding the intimacies of our very identity and existence. Speaking in this way, we should certainly “own” or have control over that data to protect our fundamental right to privacy.

Read More