Items tagged "Orphan Works"

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How About a VRO?

June 23, 2008 Fair Use , Orphan Works

George Washington Law School hosted a symposium on June 18 as part of their “Creative Industries in Transition: New Directions for the Digital Era” series. The talk was co-sponsored by BMI and was, therefore, unsurprisingly about the importance of performance rights organizations(PROs), such as BMI and ASCAP, and their place in the digital future.

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Responding to Your Comments on Orphan Works

May 29, 2008 Orphan Works , Piracy

Ever since my policy blog and Huffington Post responses to Larry Lessig's New York Times op-ed on orphan works last week, I have received a large number of fairly unfriendly comments and emails. I won't quote them here for fear of being sued for copyright infringement (I wish I was kidding). Rather than respond to each one individually, I address the vast majority of the arguments raised in this speech, which I will be giving today at a conference at the University of Maryland University College. I look forward to a new barrage of comments.

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Searching for the Possible in the Orphan Works Debate

May 20, 2008 Orphan Works , Public Domain

I never like to disagree with my friends in public; particularly friends like Larry Lessig, who I greatly admire and who, through his 24-7 work as the first populist copyright reformer, made the existence of organizations like Public Knowledge possible.

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Microsoft Zune and NBC Universal Copyright Filtering Collaboration

May 8, 2008 Fair Use , Filtering , Network Neutrality , Orphan Works , Piracy

If you haven’t read about it, the New York Times reported yesterday that: Microsoft May Build a Copyright Cop Into Every Zune. Essentially, the large content provider would withhold their content from a distributor unless the distributor put in effective measures to prevent against piracy. We’re not talking about DRM here, we’re talking about filtering software, whether it resides on the playback device like a Zune or iPod, or in the software on a syncing computer that stores the consumers’ library of music and movies like the Zune or iTunes software. This software would troll your library checking for content that was somehow infringing or unauthorized. It may even be spyware that could report back to someone about the contents of your media library.

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PK’s Plate Fills Quickly As Congress Returns

February 1, 2008 Fair Use , FCC , Network Neutrality , Orphan Works , Patent

Congress came back to town this week from its winter holiday break, and even though the economy, the war, the environment and the election will take center stage over the next year, Public Knowledge will have its hands full with a variety of technology, communications, copyright and patent matters. Here is a rundown of the specific issues that are likely to be addressed in 2008, in Congress and at the agencies with which PK works:

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Roundtable on Copyright Damages Takes Place Tomorrow

January 24, 2008 Fair Use , Orphan Works , Piracy

As Sherwin wrote about last month, most of the attention at the December 13 hearing on H.R. 4279, the so-called "PRO-IP Act of 2007" was focused on one small provision, Section 104, which would have the effect of allowing a court to multiply “statutory” copyright damages for infringing a compilation by the number of individual works in the compilation. For example, if I infringed a Rolling Stones’ CD, I could be liable for damages of up to $150,000 times the number of tracks on the CD. Right now, under Section 504(c)(1) of the Copyright Act, such an infringement would only be entitled to one damage award.

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Notes from Gates CES 2008 Keynote

January 7, 2008 Broadband , HDTV , Network Neutrality , Orphan Works

Well, the time difference is wreaking havoc on me. It’s 5:30AM here and I haven’t been able to sleep for the past hour so I figured I’d try to be useful and report to you some interesting things from the Gates keynote, presuming my shoddy internet connection stays up (thanks Luxor!) and that I don’t fall asleep at the keyboard.

To start off, because Bill will be stepping down from his day to day duties at Microsoft later this year, the folks at Microsoft put together a clever video about what that last day would be like. Fortunately, they’ve posted the video to Microsoft’s Soapbox:

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House Hearing on IP Enforcement

December 14, 2007 Orphan Works , Piracy , Trademark

Yesterday, Gigi testified before the House IP Subcommittee on H.R. 4279, an IP enforcement bill that threatens to increase penalties for copyright infringement. We've got her written testimony here, as well as a press release here.

One of our biggest concerns, the disaggregation of damages, was echoed by a wide variety of groups, including law professors, libraries, and software and consumer electronics manufacturers. This clearly seemed to have an effect on many of the Subcommittee members, with even staunch supporters of the bill noting that this provision deserves revisiting and (hopefully) revision.

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A look at S. 2317, The Intellectual Property Enforcement Act of 2007

November 13, 2007 Orphan Works , Trademark

Here's a quick section-by-section breakdown (with commentary) of the provisions of the newly introduced IPEA by Sen. Leahy, S. 2317.

Section 1: The title of the bill

Section 2: This section allows the Attorney General to bring a civil cause action for conduct that would otherwise be criminal infringement of copyright under section 506 of Title 17. This language comes from the old PIRATE Act, and as before, we believe that is an inappropriate use of federal funds to enforce private rights of action–something that rarely occurs under other parts of the law, and at those times, typically as a "public good" (as opposed to the benefit of an individual, movie studio or record label). Here, you have the DOJ acting as a copyright holder's private attorney.

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Public Knowledge Sets New Program for Copyright Reform

October 26, 2007 Fair Use , Orphan Works

Call this Copyright Coincidence Day here at PK. At about the same time this morning that Gigi was giving a major speech on copyright reform at Boston University, she was also part of a Good Morning America story on copyright reform.

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