Critical Commons
2 views | +0 today
Follow
Your new post is loading...
Your new post is loading...
Rescooped by ironman28 from Surfing the Broadband Bit Stream
Scoop.it!

Appeals Court Wants More Copyright Defendants To Stand Up For Their Fair Use Rights | Techdirt

Appeals Court Wants More Copyright Defendants To Stand Up For Their Fair Use Rights | Techdirt | Critical Commons | Scoop.it

We've seen a number of questionable fair use rulings lately, so it's always nice to see a good one. The musical play Jersey Boys was apparently sued (or, more specifically, its producers, Dodger Productiongs, were) a while back by SOFA Entertainment, who holds the copyrights on The Ed Sullivan Show. Someone from SOFA went to see Jersey Boys and flipped out when they saw a 7-second clip of the Ed Sullivan Show being used at one point. The clip includes Ed Sullivan introducing the band on the show, and, in the play, the band then plays while a narrator explains how this was a key moment in the band's history.

 

A district court ruled that this was obviously fair use and slapped attorneys fees on SOFA entertainment, and now a 9th Circuit appeals court has upheld the ruling with a short and sweet ruling that reminds people how important fair use is -- and mildly berates the lawyers for SOFA for bothering to bring such a case in the first place. First, the court notes that copyright law can be abused, and how fair use is an important way to prevent that abuse:

 

Click headline to read more--


Via Chuck Sherwood, Senior Associate, TeleDimensions, Inc
ironman28's insight:

This is interesting!

more...
No comment yet.
Rescooped by ironman28 from Surfing the Broadband Bit Stream
Scoop.it!

US Looking To Strip Fair Use & Other Key Protections From Copyright Treaty For The Blind | Techdirt.com

US Looking To Strip Fair Use & Other Key Protections From Copyright Treaty For The Blind | Techdirt.com | Critical Commons | Scoop.it

We had just pointed out that the MPAA is now pretending to be in support of a copyright treaty for the blind, despite its lobbyists doing all sort of things to try to block it. Now we have reports from Geneva, via Jamie Love, that the US is opposing important language in the treaty, which is part of the reason that it's still being held up. First, as noted in the link above, the US is opposing the following footnote, which may seem like a small deal:

 

It is understood that Contracting Parties who are members of the World Trade Organization (WTO) acknowledge all the principles and objectives of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and understand that nothing in this Treaty affects the provisions of the TRIPS Agreement, including, but not limited to, the provisions relating to anti-competitive practices.

 

As Love notes, similar language has appeared in a variety of other agreements, including ACTA and the Beijing Treaty (which would give Hollywood stars their own special copyrights). Why is this language important? Because TRIPS includes key provisions that allow countries to make some of their own decisions about how they implement the agreements, to protect the public's rights. But, the content industry doesn't want that same language in this treaty, which is focused on the public's rights, because they're afraid it will, once again, open the door to countries expanding the public's rights, and pushing back on egregious copyright restrictions on those rights.

 

Click headline to read more--


Via Chuck Sherwood, Senior Associate, TeleDimensions, Inc
ironman28's insight:

I haven't actually read this article yet.

more...
No comment yet.
Scooped by ironman28
Scoop.it!

Copyright fair use would be flexible for technology: ALRC - ZDNet

Copyright fair use would be flexible for technology: ALRC - ZDNet | Critical Commons | Scoop.it
Copyright fair use would be flexible for technology: ALRC ZDNet A proposed list of purposes under the Act that would fall under fair use would be: Research or study; criticism or review; parody or satire; reporting news; non-consumptive (such as...
ironman28's insight:

I like the image at the top of this article.

more...
No comment yet.