Each quarter, Copyright Clearance Center and the Copyright Alliance team up to share a curated selection of important articles from the past few months on copyright issues in the U.S. Check out the following blogs and articles from summer 2018:

“U.S. appeals court revives case against CBS over pre-1972 recordings” from Reuters

Is a remastered track of an oldie substantially different enough to constitute a new creation with its own copyright protections? The answer determines whether royalties for use of the remastered track are due to the original musician, or to the producers of the new master. The 9th Circuit’s recent decision reversed a trial court opinion that the remastering process produced enough originality to warrant a new copyright, which had raised the specter that works could end up with eternal copyrights as long as they were remastered regularly.

“Senate Passes Music Modernization Act” via Variety

Recently approved by the Senate, new legislation supported by tens of thousands on social media continues on-track to become a law that would “fix” licensing and royalty legislation for the streaming era.

“The CASE Act is the Solution to the Alleged Copyright Troll Problem, Not the Cause” via Copyright Alliance

H.R. 3945 – the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2017 – would offer a speedier “small claims court” for individual creators and small businesses that are victimized by infringement but can’t afford to enforce their rights in federal court. (Editor’s note: as of mid-September, the bill is waiting action in the House Judiciary Committee.)

“Appeals Court Won’t Take Up Copyright Decision That Raised Alarm About Embedding, Linking” via The Hollywood Reporter

A professional photographer’s image of Tom Brady went viral on social media, and in February a judge ruled that embedding social posts with the image constituted infringement. The 2nd Circuit Court of Appeals denied an emergency appeal of that ruling as “unwarranted” (although it may be appealed in the ordinary course when proceedings conclude in the trial court).

U.S. Judge Claims Using Photo Found on the Internet is Actually ‘Fair Use’” via Newsweek

Some experts consider photography protections seriously at risk after a judge from the Eastern District of Virginia ruled that a film festival’s commercial use of an image found online (and flagged “all rights reserved”) was fair use.

Related Reading:

Author: Keith Kupferschmid

Before joining the Copyright Alliance, Keith served as the General Counsel and Senior Vice President for Intellectual Property for the Software & Information Industry Association (SIIA). During his 16 years at SIIA, he represented and advised SIIA member software and content companies on intellectual property (IP) policy, legal and enforcement matters. He has testified before Congress and various federal and state government agencies on IP issues and also supervised SIIA’s Anti-Piracy Division, including working with federal and state government officials on civil and criminal piracy cases. Prior to joining SIIA, Keith worked as an IP attorney at the law firm of Finnegan, Henderson, Farabow, Garrett & Dunner, IP attorney-advisor at the U.S. Patent and Trademark Office (PTO), Director of Intellectual Property at the United States Trade Representative, and Policy Planning Advisor at the U.S. Copyright Office.

Author: Stephen Garfield

Stephen Garfield joined CCC in 2005 and is the director of corporate account management. Stephen is responsible for the annual renewal of corporate licensing solutions, which today generate just over $150 million, as well as overseeing a strategic account management plan designed to help companies educate their employees on copyright law. 
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