Copyright Supremacy: SONA’s Unsound Legal Theory
: Originally Posted On: Public KnowledgeYesterday, the Songwriters of North America (SONA), a songwriter advocacy group, sued the Department of Justice over its interpretation of the antitrust consent decrees governing ASCAP and BMI, the two largest U.S. performance rights organizations (PROs). The lawsuit alleges that the DoJ has, by simply reading the the words of consent decrees, unconstitutionally seized their property. While heavy on rhetoric,…
Read MoreEuropean Commission releases Copyright and Telecom rules: end of Europe’s digital single market ambitions?
: Originally Posted On: CCIABrussels, BELGIUM — The European Commission issued its proposals on Telecoms and Copyright today as part of the Digital Single Market Framework. Both proposals will impact Internet users, online services and more generally, most businesses using the Internet. TELECOM LEGISLATION The European Commission announced a revision of the EU’s telecoms rules that appears to contradict some of the previous goals…
Read MoreHyperlinks Under Attack in Europe (or “When You Thought It Could Not Get Worse”…)
: Originally Posted On: Project DiscoDisCo readers may remember that, last February, my colleagues Matt Schruers and Jakob Kucharczyk explained that Europe’s highest court, the Court of Justice of the European Union (CJEU), would have to rule on a case about hyperlinks that could decide the fate of the World Wide Web in Europe. They were not joking around. Well, yesterday the CJEU published its…
Read MoreThe Consequences of Regulatory Capture at the Copyright Office
: Originally Posted On: Public KnowledgeToday, Public Knowledge released a report examining the role of regulatory capture—both its sources and its consequences—at the U.S. Copyright Office. You can download the report, “Captured: Systemic Bias at the U.S. Copyright Office,” here. Regulatory capture occurs when a government agency is consistently or repeatedly directed away from the public interest and toward the interests of the regulated industry….
Read MorePublic Knowledge Launches Report on Systemic Bias at the U.S. Copyright Office
: Originally Posted On: Public KnowledgeToday we’re releasing our newest report, “Captured: Systemic Bias at the U.S. Copyright Office.” This report examines the role of industry capture and the revolving door between the major entertainment industries and the Copyright Office, and the implications that capture has had on the policies the Office embraces. In the report, we investigate how the Copyright Office: Regularly contorts basic…
Read MoreCourt of Justice of the EU Rules on the Legality of Hyperlinking
: Originally Posted On: CCIABrussels, BELGIUM — Today the Court of Justice of the EU (CJEU) delivered its judgment in the GS Media case (Case C-160/15). The case centered on the question whether hyperlinking to content that has been uploaded illegally constitutes a ‘communication to the public’ which is an exclusive right under EU copyright rules. The case can be considered as a follow-up…
Read MoreEU Copyright Proposals: Do Two Wrongs Make an Ancillary Right?
: Originally Posted On: CDTStatewatch recently leaked a draft (PDF) of the European Commission’s Impact Assessment (IA) regarding its proposals to ‘modernise’ copyright in the EU. This leak was followed a few days later by a second: a draft directive mirroring the proposals recommended by the IA. Copyright reform is one part of the Commission’s efforts to develop a Digital Single Market (DSM) for…
Read MoreRe:Create Recap – September 29, 2016
Mozilla Campaign Pokes Fun At Europe’s Copyright Directive.The Next Web reports that Mozilla has launched a campaign to stop the EU’s copyright directive by using parody videos to poke fun at the proposal’s most absurd ideas like making the sharing of GIFs and memes illegal. The internet company is also encouraging users to “rebel” by posting selfies in front of…
Read MoreRe:Create Recap – September 22, 2016
Financial Times Editorial Board: Is EU Copyright Proposal A Case Of Misunderstanding? With the attention focused on the European Commission’s controversial copyright plan, the Financial Times weighed in with a September 20 editorial, Brussels takes a backward step on digital copyright, that questions the commission’s basic understanding stating, “The kindest interpretation would be that the commission has misunderstood the digital…
Read MoreRe:Create Recap – September 15, 2016
Engine Announced As Newest Member Of Re:Create Coalition. Evan Engstrom, Executive Director of Engine, announced the group has joined the Re:Create Coalition in a Medium blog post this morning. Founded in 2011, Engine is a policy, advocacy, and research organization supporting startups as an engine for economic growth and is also known for being instrumental in the defeat of SOPA/PIPA…
Read More