Listen to the Copyright On! Podcast Episode 3 — it’s a Caselaw Chitchat with John Collins of the theater company Elevator Repair Service! John is a self-described Supreme Court nerd who went so far as to create Arguendo, a surreal, verbatim reenactment of the oral arguments in Barnes v. Glen Theatre, a Supreme Court case about the free speech rights of erotic dancers.
You can listen to it here even before it appears on iTunes! Enjoy!
And for more about Arguendo, watch this trailer for their show:
A question from a friend about Canadian copyright registration:
Hey, Brit!I’ve got a question for you.
In Canada, the Canadian Intellectual Property Office is where people can register patents, trademarks, copyrights and industrial designs. I don’t know how good their non-‘copyright registration’ services are. This is a question about copyright registration.
Daisy Fuentes, photographed by Plaintiff Barry Rosen
A cautionary tale. DMCA takedown notices are complete when they are sent to the designated agent, not when (or if) they are received. Global Net listed contact information for DMCA takedowns, and Barry Rosen emailed and faxed one for unauthorized posting of his photographs of a few celebrities (Amy Weber, Daisy Fuentes, and Gena Lee Nolin). Global Net never took down the photos, and Rosen sued. (more…)
I think Aereo is right on the law, but most people seem to think it will be a very limited ruling that smacks down Aereo while allowing cloud computing and storage to persist without upsetting copyright law. The three issues most likely to decide the case are 1. does the distribution from Aereo to its customer violate the “transmit clause,” 2. is Aereo or the customer the volitional actor, or 3. some public policy thing predicated on the deal broadcast networks have with the government to use the public airwaves. We’ll know soon enough!
You can sell your used records, books, and other copies of creative works without needing permission from the copyright owner of those works. This is the “first sale” doctrine (17 U.S.C. §109), and has been the law of the land for over a century. In the Internet age, songs and other works are bought and distributed digitally, and may never exist in a traditional physical form like a CD or cassette tape. Does the first sale doctrine still exist for digital works? Capitol Records, LLC v. ReDigi Inc., 934 F. Supp. 2d 640 (S.D.N.Y. 2013) takes a look at the issue, and explores the cutting edge of the first sale doctrine.
Capitol Records, LLC v. ReDigi Inc., 934 F. Supp. 2d 640 (S.D.N.Y. 2013)
A New Kind of Used Record Store Music is now bought and sold digitally. ReDigi set up a marketplace for selling “used” digital songs. It removes the song from the seller’s iTunes account, “migrates” it to the ReDigi Cloud Locker, where it can be sold on the ReDigi marketplace.
Franklin Mint Corp. v. Nat’l Wildlife Art Exch., 575 F.2d 62 (3d Cir. 1978)
Paint Me a Cardinal
In 1972, Ralph H. Stewart wanted to start the National Wildlife Art Exchange, to commission and sell limited edition wildlife prints. Stewart hired the big deal wildlife artist Albert Earl Gilbert (http://albertearlgilbert.com/) to paint a watercolor of cardinals, based on normal source materials like photos, sketches, and two stuffed cardinals to study for his cardinal painting. Gilbert made the painting “Cardinals on Apple Blossom.”
Gilbert and National Wildlife had a falling out, leading to some question about the ownership of the rights in the painting. (more…)