Copyright Office issues new DMCA exemptions: iPhone jailbreaking, noncommercial use of DVD snippets
July 26, 2010

    Every three years, the United States Copyright Office seeks proposals for exemptions from the Digital Millennium Copyright Act ("DMCA"). As part of the DMCA, it became unlawful to circumvent access control measures copyright holders used to secure their copyrighted works. For example, it is arguably a violation of the DMCA to use a program to "break" the content scrambling system ("CSS&q....... Read More

    Ninth Circuit: Filing copyright application sufficient to bring suit under Section 411(a)
    June 03, 2010

      In a decision last week, the Ninth Circuit held the filing of an application for registration with the copyright office is sufficient to meet the requirement that a copyright be "registered" before suit is brought under 17 U.S.C. § 411(a). In the first circuit court decision on the subject since the Supreme Court's Reed Elsevier decision (holding the registration requirement of § 411(a) ....... Read More

      Wall Street Journal on Viacom v. YouTube
      March 23, 2007

        Walter Mossberg of the Wall Street Journal has a column discussing the Viacom v. YouTube case (previously blogged about here). Mr. Mossberg thinks the problem is not confined to the particular dispute between Viacom and YouTube/Google, but rather is indicative of a need for greater guidance in copyright law from Congress. The Digital Millennium Copyright Act (DMCA), which was supposed to help to bring copyright la....... Read More

        Seventh Circuit issues a stinker of an opinion in copyright case
        March 20, 2007

          The Seventh Circuit succinctly sums up the field of commerce of its decision today in JCW Investments, Inc. v. Novelty, Inc.: Somewhat to our surprise, it turns out that there is a niche market for farting dolls, and it is quite lucrative. The case presents some interesting issues, such as whether the copyright in such a doll is valid and infringed, whether greater attorney fees may be awarded under the copy....... Read More

          Viacom sues YouTube, Google for copyright infringement
          March 13, 2007

            In a press release today, Viacom, owner of the MTV and Comedy Central television networks (among others), announced it is suing YouTube and its parent company, Google, for copyright infringement. The lawsuit seeks over $1 billion in damages. The parties had been in negotiations for YouTube/Google to have a license to provide Viacom's content on YouTube, but negotiations broke down, and in February, Viacom sent t....... Read More

            Fourth Circuit a "maddening mixture of getting some things right and some things very very wrong"
            February 13, 2007

              William Patry, author of a treatise on copyright law, has an interesting post on his copyright law blog about a decision yesterday in the Fourth Circuit. The facts of the case are relatively simple the plaintiff owned a copyright on some architectural plans that the defendant obtained an unauthorized copy of. The defendant used the plans to have his house built. The plaintiff sued, seeking damages both for the ....... Read More

              Are wedding receptions full of copyright infringers?
              February 06, 2007

                Maybe, if you ask Richard Silver. Mr. Silver claims to have invented the dance known as the "Electric Slide" at a disco in 1976. He registered a copyright on his performance of the dance in 2004. While Mr. Silver's claims may seem dubious (such as, for example, his claims on his website that he also invented break dancing and "the robot" dance), he has, thus far, been vigorous in using copyright law to defend w....... Read More

                Audiobooks can be rented without publisher's consent: first sale exception does not apply
                January 26, 2007

                  Today the Sixth Circuit considered an issue that has not yet been addressed by any other United States Court of Appeal: whether the record rental exception to copyright law's first sale doctrine codified in 17 U.S.C. § 109(b)(1)(A) applies to all sound recordings or only to recordings of musical works. A divided panel held that the exception only applies to musical recordings, not audiobooks, potentially cle....... Read More

                  MIT Offers Free Course Materials on United States Copyright Law
                  January 05, 2007

                    The Massachusetts Institute of Technology (MIT) is offering an introductory course to Copyrights via its OpenCourseWare website. The website describes the course as "an introduction to copyright law and American law in general." Topics covered include: 1) Structure of federal law 2) Basics of legal research 3) Legal citations 4) How to use LexisNexis? 5) The 1976 Copyright Act 6) Copyright as applied to music,....... Read More

                    New Tool for Copyright Owners
                    December 19, 2006

                      The Wall Street Journal has posted an article highlighting a new internet tool that tracks copyrighted works being used on the internet. Privately held Attributor Corp. of Redwood City, California offers a search service that scans billions of pages of the internet looking for infringing uses of copyrighted material. Attributor Corp describes its self as a technology company that has created a platform that prov....... Read More

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                      The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.


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