Category Law

Facebook Faces Copyright Issues Amid Video Explosion

It’s fairly well established by now — thanks to court decisions like Viacom v. YouTube and UMG v. Veoh — that online service operators have no legal duty to proactively police their services for potential copyright infringement.  But that doesn’t mean that some services don’t do it anyway.  The biggest example is Google’s Content ID system for YouTube, […]

New Addition to Conference Panel on Section 1201

My rather lengthy review of Aaron Perzanowski and Jason Schultz’s new book, The End of Ownership, resulted in Jason Schultz agreeing to speak on the panel “Circumventing the Future: The Fate of Section 1201” at our Copyright and Technology conference, which is coming up on January 24th at the Kimmel Center at NYU.  I had known […]

What Does Ownership Mean in the Digital Age?

When you hit a “buy” button on Amazon, iTunes, or another digital content retail service, do you actually own what you’ve paid money for?  If you look at most retailers’ terms of service, the answer is no: you are licensing it on some terms that the retailer sets, which usually don’t amount to ownership.  In […]

European Commission Proposes Copyright Filtering for Online Services

The European Commission published a briefing document last week that marked progress in its initiative to establish a legal framework for a “digital single market” for Europe.  This briefing described a proposed directive with several provisions to streamline the use of digital content and promote copyright protection across the EU.  The proposed directive itself was published […]

2017 Conference: Panel Change; Earlybird Deadline Approaches

I’m announcing a couple of changes in the Copyright and Technology conference on January 24. When we were setting the agenda for the next conference, the FCC was deep in to deliberations over its “Unlock the Box” proposal to require pay-TV operators to stop requiring consumers to pay for renting their set-top boxes and make their […]

Dutch Public Libraries and the “One Copy, One User” Rule

I took a little bit of heat from certain members of the library community who were bothered by my analysis last week of the European Court of Justice’s (ECJ’s) decision in the case of Vereniging Openbare Bibliotheken (Dutch Public Library Association) v. Stichting Leenrecht (Lending Rights Foundation, the Dutch collecting society for royalties from library lending) […]

The ECJ’s Inconclusive Ruling on Library E-Book Lending

We’ve been looking for a while at the question of whether First Sale rights apply to digital files.  If you get an e-book or music download, can you resell, lend, or give it away to someone else — as you can with physical products like print books or music CDs?  The library community has gotten excited […]