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Save the Date! Fair Use Week 2016: February 22-26, 2016

By: Krista Cox : Originally Posted On: ARL Policy Notes

Save the date!  The annual Fair Use Week, a celebration of the important doctrines of fair use and fair dealing, will take place from February 22-26, 2016. What is Fair Use Week? Each day teachers teach, students learn, researchers advance knowledge, and consumers access copyrighted information due to copyright limitations and exceptions such as fair use or fair dealing.  Fair use…

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Court Says Fair Use Still Matters in Takedowns. Here’s Why That’s a Real Victory.

By: Sherwin Siy : Originally Posted On: Public Knowledge

  On Monday, the 9th U.S. Circuit of Appeals held that, yes, you can be sued if you tell an online host to remove content that was a fair use. The case, Lenz v. Universal, stemmed from the notorious “dancing baby” takedown, in which Universal Music sent a takedown notice to YouTube because Stephanie Lenz uploaded a home video of…

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Federal Appeals Court: Takedown Senders Must Consider Fair Use before Demanding Content Removal

By: Shiva Stella : Originally Posted On: Public Knowledge

  Today, the 9th U.S. Circuit Court of Appeals ruled that copyright holders must consider fair use before sending Digital Millennium Copyright Act takedown notices in Lenz v. Universal. In a suit often called “the dancing baby case,” Universal Music sent a takedown notice to YouTube claiming that Stephanie Lenz’s home video featuring her toddler dancing to a Prince song…

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9th Circuit Holds Fair Use Must Be Considered Before DMCA Takedown Notices are Sent

By: Krista Cox : Originally Posted On: ARL Policy Notes

On September 14, 2015, the Court of Appeals for the Ninth Circuit ruled in Lenz v. Universal Music that “copyright holders must consider fair use before sending a takedown notification, and that failure to do so raises a triable issue as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law.” This…

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Flo & Eddie and the Continued Debate on Copyrights for Public Performances of Sound Recordings

By: Sherwin Siy : Originally Posted On: Public Knowledge

  On Wednesday, we filed an amicus brief in the 9th Circuit Court of Appeals, asking the court to overturn a district court decision for Flo & Eddie against Pandora. Flo & Eddie, the company that owns the rights to The Turtles’ albums, has sued streaming service Pandora, saying that Pandora needed to get a license to play their records….

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Re:Create Recap – Week of September 7th

U.S. Copyright Office Online Registration System Is Working Again. After 9 long days, the U.S. Copyright Office online registration system was up and running again Sunday evening. In Copyright and other Library of Congress computer systems are working again by the Washington Post’s Peggy McGlone on Sept. 8, Library of Congress officials confirmed the news while at the same time…

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Re:Create Recap – Week of September 3rd

Online Copyright Registration System Failure Underscores Need For Copyright Office Modernization. The Copyright Office’s online registration system — eCO — has been unexpectedly down for days with no end in sight, according to Politico’s Alex Byers. In the September 1 Copyright Office online system down after technical snafu (subscription required), Byers reports on the shutdown since Sunday evening: “’As result,…

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CCIA Releases Webinar, Whitepaper: “Copyright Reform For A Digital Economy”

By: Heather Greenfield : Originally Posted On: CCIA

Washington — Following 20 hearings on copyright reform, the House Judiciary Committee could see substantive copyright reform legislation introduced before the end of the year.  In advance of the renewed copyright reform conversation, the Computer & Communications Industry Association, which has testified on the subject, released its latest whitepaper Tuesday “Copyright Reform For a Digital Economy” along with a webinar…

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Re:Create Recap – Week of August 24

Harry Potter Alliance Of Fan Fiction Activists Joins Re:Create. The Harry Potter Alliance, an activist group that leverages themes from Harry Potter, The Hunger Games and other popular media to encourage social change has joined the Re:Create coalition. As first reported in Politico’s Morning Tech today, “Along with the group’s Fan Works Are Fair Use campaign, Harry Potter Alliance Campaign…

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Re:Create Recap – Week of August 17

New York Times Magazine In Depth Look At The Creative Economy. Be sure to take time to read the August 19 New York Times Magazine story “The Creative Apocalypse That Wasn’t” by Steven Johnson. In the extensive piece on the digital economy, Johnson focuses on data analysis to answer the question: “How is today’s creative class faring compared with its…

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