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Blog

Regulatory Agencies Exploit Unintended Consequences of the Digital Millennium Copyright Act

Regulatory agencies have entered the space of copyright law and have tipped the balance of the intellectual property system. Now, it is somehow unclear that agency regulations designed to protect health, safety, and the environment have absolutely nothing to do with copyright law. As with many threats to the balance of intellectual property, Section 1201 is responsible for tipping the scale.

07/14/2016
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Blog

A Hidden Threat to Online Freedom: The Lost Balance of Fair Use and Intellectual Property

The current imbalance of our intellectual property system allows copyright law to strangle free speech and innovation. Ideally, the intellectual property system would strike a balance between the rights of the intellectual owner and those of consumer. Intended to support the property’s creator, copyright laws can promote fair compensation and allow for the continued creation of content. At the same time, intellectual property systems are designed so that after the creator is paid after the work enters the public domain and aids in the creation of new works. This balanced is threatened by the misuse and misunderstanding of the roles of copyright and fair use.

07/08/2016
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Blog

Copyright, Technology, and Reform

Today marks the end of Copyright Week, an opportunity to examine the current system of copyright and consider opportunities to reform a system that many view as dysfunctional and a hindrance to innovation. Copyright Week was born in the wake of the massive digital protest against SOPA, the Stop Online Piracy Act, copyright reform legislation that would have done more harm than good. On the anniversary of the protests that saw many websites go dark to show their opposition to the legislation, Copyright Week provides a focus on the need to reform an outdated system that no longer serves its intended purpose.

01/22/2016
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Blog

Internet Freedom Notches Another Victory in ITC Court Case

Last week, a federal appeals court delivered an important decision regarding the transmission and regulation of digital data that enters the country. In the 2-1 ruling, the court concluded that the International Trade Commission (ITC) does not have the authority to assume control over the flow of electronic transmissions, which could have introduced yet another regulatory blockade to stifle internet freedom.

11/18/2015
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Op-ed Placement

What the Trans-Pacific Partnership Gets Wrong about Intellectual Property

With the final text of all 30 chapters of the Trans-Pacific Partnership (TPP) finally available, there is a lot to scrutinize. Chapters on environmental and labor standards are sure to get a lot of attention, but there is one chapter in particular that should be of concern to those concerned with innovation and freedom of expression: the chapter on intellectual property.

11/13/2015
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Fair Use Takes a Victory Lap in Google Books Lawsuit

On October 16th, three federal judges on the 2nd Circuit Court of Appeals issued a ruling that can be considered another decisive win for sensible copyright law.

10/30/2015
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Blog

A Victory in the Face of Preposterous Copyright Laws

On Tuesday, U.S. District Judge George H. King issued a ruling that should make celebrating your birthday a little bit happier. For the better part of a century, the song “Happy Birthday to You” had been locked up under copyright claim, and those who wanted to officially use the song had to pay royalties to the company that owned its rights. These royalty payments were often collected from stage productions, television shows, movies, and even greeting cards, whenever they decided to use the celebratory song. However, after a long 80 years, King has rendered the copyright invalid, since the original only granted rights to the explicit piano arrangements and not the song itself.

09/28/2015
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Blog

Court Rules to Protect Fair Use

The Ninth Circuit Court of Appeals has issued a ruling on the always blurry “fair use” concept in copyright law, that stands to reduce nuisance suits and open new doors for innovation and adaptation.

09/17/2015
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Blog

Right to Work 2.0 Highlights Badly Needed Reforms

The phrase “Right to Work” has traditionally been used to describe a system of voluntary union membership, as contrasted with the mandatory membership practice that are still common in many states. Now, the term is getting an update as people realize that unions are only one way of keeping hard working Americans out of a job. In fact, the government has all manner of schemes to protect their favored interests, while shutting out many of the people who need work the most.

09/15/2015
What You Need to Know About Pictures and Blog Posts, Part II
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Blog

What You Need to Know About Pictures and Blog Posts, Part II

In “What You Need to Know About Pictures and Blog Posts, Part I”, we reviewed why your blog posts should have good pictures.

09/16/2013

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