Does Lenz v. Universal Music Corp. Affect Copyright Owners §512 Takedown Procedures?

In Lenz v. Universal Music Corp., Nos. 13-16106, 13-16107, U.S. App. LEXIS 16308 (9th Cir. 2015), the Ninth Circuit dealt with an issue of first impression, whether fair use is an “authorization under the law” as contemplated by 17 U.S.C. 512(c)(3)(A)(v). Lenz U.S. App. LEXIS 16308 at 12; Limitations on Liability Relating to Material Online, 17 U.S.C. 512(c)(3)(A)(v) (2015). The court held that §512(c)(3)(A)(v) does require the copyright holders to consider fair use before sending Continue Reading →

WikiLeaks Reveals the Trans-Pacific Partnership’s Expansion of International Copyright Law

WikiLeaks Publishes TPP IP Chapter As the Trans-Pacific Partnership or “TPP” moves closer to becoming a reality , leaked documents of the international trade agreement published by WikiLeaks have sparked concerns that the treaty’s re-envisioning of intellectual property rights could prove detrimental to citizens of signatory nations. The latest version of TPP’s intellectual property chapter, hosted on WikiLeaks servers,[1] details a series of sweeping modifications to the international status quo in regards to copyrights as well as Continue Reading →

Virtual Reality Meets Body Ink

The video game industry has swelled into a $20 billion market in the United States alone.[1] With industry growth, game developers continue to push the limits of digital graphics, inching closer every year to on-screen renderings that bear an uncanny resemblance to the real world.[2] This collision course into the uncanny valley, however, may have hit its first of many unexpected obstacles: the also-surging tattoo industry.[3] Sports games are the third-most popular video game genre Continue Reading →

Will Petrella Apply Beyond Copyright?

For those who concern themselves with remedies, the case law concerning the equitable defense of laches was, until recently, rather somnolent. Two wake-up calls, one loud, the other muted to near silence, have changed largely settled expectations and produced questions about the relationship between laches and federal statutes of limitation. In particular, it is now clear from that laches does not, except in “extraordinary circumstances,” bar actions for damages that are instituted within the three-year statute Continue Reading →

Starbucks Not So “Dumb” After All

Last weekend in Los Feliz, Los Angeles, it appeared that coffee mogul Starbucks opened a new franchise. However, this new store proudly named itself “Dumb Starbucks,” and every menu item was preceded by the word “dumb.” Patrons could order Dumb Honey Blonde roast coffee or Dumb Chai Lattes, to name a few, in size Dumb Tall, Dumb Grande, or Dumb Venti. Oddly enough, Starbucks has decided not to go after the perpetrator of this stunt, Continue Reading →

Aereo’s latest victory: what does it mean for the future of broadcast television?

Earlier this month, a Boston federal judge denied Hearst-owned Boston-station WCVB-TV a preliminary injunction motion against Aereo, strengthening Aereo’s Second Circuit victory in WNET v. Aereo, Inc., decided in April.  Aereo provides both live and time-shifted streaming of over-the-air television channels to paying subscribers.  To provide this service, Aereo relies on its use of tiny antennae, which are individually assigned to one user at a time.  When a user decides to record a program, an Continue Reading →

Aereo: Signaling Television’s New Frontier

Earlier this month, the Second Circuit Court of Appeals issued a ruling in favor of Aereo, a groundbreaking company providing live and time-shifted streaming of free, over-the-air television channels to paying Aereo customers. To provide this service, Aereo relies on its use of tiny antennae – none of which is used at the same time by more than one user. The signal received by each antenna creates an individual copy of the program in each Continue Reading →

Freedom “2” Speak

Bzzz. Bzzz. Bzzz. Bzzz. *Silence.* The smart phone apocalypse has come. The 1998 Digital Millennium Copyright Act (“DMCA”) criminalizes electronically decoupling a mobile phone from its contracted service provider, otherwise known as “unlocking”:“No person shall circumvent a technological measure that effectively controls access to a work protected under this title.” “Section 1201 also makes it illegal to circumvent the access controls on DVDs, e-books and video games to make bootlegged copies for sale on the Continue Reading →

The Far Reach of Copyright: Unlocked Smartphones and the DMCA

The Library of Congress Ruling Under the Digital Millennium Copyright Act (DMCA), Congress set up a mechanism to allow copyright holders to enforce penalties against individuals who bypass “copyright protection systems” (i.e. the digital locks that copyright holders use to restrict access or manipulation to copyrighted content). DMCA § 1201 grants the Library of Congress the ability to grant exemptions for certain actions bypassing copyright protection systems if the Librarian of Congress believed that the Continue Reading →

STLR Guest Speaker – February 21, 2013

The Science and Technology Law Review will host a lunchtime lecture by author Russell Jacobs, entitled Non-Digital Copyright in the Digital Millennium Thursday, February 21 at 12:10pm William and June Warren Hall 103 1125 Amsterdam Avenue Lunch will be provided The presentation will be based in part on Mr. Jacobs’s Fall 2011 article, “Copyright Fraud in the Internet Age: Copyright Management Information for Non-Digital Works Under the Digital Millennium Copyright Act,” published in the Fall Continue Reading →