Copyright Law Updates

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Apple v. Psystar: Ninth Circuit Upholds Validity of Software Licensing Agreements against Copyright Misuse Defense

By Ryan Smith and Thomas F. Zuber of Zuber & Taillieu

The Ninth Circuit recently upheld the validity of conditional software licenses which avoid the pitfalls of the first sale doctrine. In Apple, Inc., v. Psystar, Corp., No. 10-15113, 2011 U.S. App. WL 4470623, (9th Cir. Sept. 28, 2011), the Ninth Circuit upheld a permanent injunction against Psystar due to its… More...

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Copyright Office Publishes Report on Federal Copyright Protection for Pre-1972 Sound Recordings

Federal Copyright Protection for Pre-1972 Sound Recordings  |  Pre-1972 Sound Recordings, NewsNet Issue 446  |  12/28/2011

The U.S. Copyright Office has issued its report on Federal Copyright Protection for Pre-1972 Sound Recordings, as required under the Omnibus Appropriations Act of 2009. More...

Copyright Office Issues Corrections to Specialty Station List

Cable Statutory License: Specialty Station List; Correction  |  Docket No. 2011–1  |  11/28/2011

The Copyright Office periodically seeks to update its list of specialty stations related to the use of the cable compulsory license. Specialty station status is determined by reference to the former regulations of the Federal Communications Commission in effect on June 24, 1981, which defined a specialty station as "a commercial television broadcast station that generally carries foreign-language, religious, and/or automated programming in one-third of the hours of an average broadcast week and one-third of the weekly prime-time hours." More...

Copyright Office Initiates Study and Seeks Comments on Small Copyright Claims

Remedies for Small Copyright Claims  |  Docket No. 2011–10  |  10/27/2011

The U.S. Copyright Office is undertaking a study at the request of Congress to assess whether and, if so, how the current legal system hinders or prevents copyright owners from pursuing copyright infringement claims that have a relatively small economic value (‘‘small copyright claims’’); and recommend potential changes in administrative, regulatory, and statutory authority to improve the adjudication of these small copyright claims. More...

Copyright Office Proposes to Discontinue Form CO in Registration Practices

Discontinuance of Form CO in Registration Practices  |  37 CFR Parts 201 and 202, Docket No. 2011–8  |  9/30/2011

The Copyright Office is proposing to amend its regulations to discontinue use of the Form CO application as an option for applying for copyright registration and to remove the references to CON 1 and CON 2 sheets. More...

Copyright Royalty Judges Solicit Comments on Motion for Partial Distribution of Royalties from 2010 DART Sound Recordings Fund

Distribution of 2010 DART Sound Recordings Fund Royalties  |  Docket No. 2011–6 CRB DD 2010  |  9/13/2011

On August 23, the Copyright Royalty Judges received a motion for partial (98 percent) distribution of royalties from the Featured Recording Artists Subfund and the Copyright Owners Subfund of the 2010 Digital Audio Recording Technology (DART) Sound Recordings Royalty Fund. More...

Copyright Office Releases STELA Section 302 Report

Report on Marketplace Alternatives to Replace Statutory Licenses  |  Section 302 of the Satellite Television Extension and Localism Act of 2010  |  8/29/2011

The Copyright Office has issued its report on marketplace alternatives to statutory licenses set forth in Sections 111, 119 and 122 of the Copyright Act, as required by Section 302 of the Satellite Television Extension and Localism Act of 2010 (STELA). More...

Copyright Royalty Judges Authorize Use of Proxy Reports to Permit Distribution of Royalties for Public Performance of Sound Recordings

Notice and Recordkeeping for Use of Sound Recordings Under Statutory License  |  37 CFR Parts 370 and 382, Docket No. RM 2011–5  |  8/1/2011

The Copyright Royalty Judges have amended their regulations to provide for proxy reporting of uses of sound recordings performed by means of digital audio transmissions under sections 112 and 114 of the copyright law for the period April 1, 2004, through December 31, 2009. More...

The Copyright Office Extends Interim Rule on Fees for Special Handling of Registration Claims

Fees for Special Handling of Registration Claims  |  37 CFR Part 201, Docket No. RM 2009–5  |  6/30/2011

The Copyright Office has extended for one year the interim rule relating to fees for special handling of registration claims that have been pending for at least six months. More...

Copyright Office Publishes Specialty Station List

Notice of Specialty Station Filings  |  Docket No. 2011–1  |  4/22/2011

The Copyright Office is publishing an initial list of television stations listed in filed affidavits in which the owner or licensee of the television station attests that the station qualifies as a specialty station in accordance with the Federal Communications Commission’s definition of specialty station in effect on June 24, 1981. More...

Copyright Royalty Judges to Amend Regulations to Provide Reporting of Uses of Sound Recordings Performed by Means of Digital Audio Transmissions

Notice and Recordkeeping for Use of Sound Recordings Under Statutory License  |  37 CFR Parts 370 and 382, Docket No. RM 2011–5  |  4/19/2011

The Copyright Royalty Judges are proposing to amend their regulations to provide reporting of uses of sound recordings performed by means of digital audio transmissions pursuant to statutory license for the period April 1, 2004, through December 1, 2009. More...

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Companies Mentioned

Copyright Law

The following companies are mentioned in Copyright Law Updates:

MGA Entertainment (HK) Ltd.

Mattel, Inc.

MGA Entertainment Inc.

American Society of Composers, Authors, and Publishers

Geoffrey Productions, Inc.

Universal City Studios LLLP

Twentieth Century Fox Film Corp.

Turner Network Television LP, LLLP

Turner Network Sales, Inc.

Turner Classic Movies, LP, LLLP

Turner Broadcasting System, Inc.

The Cartoon Network LP, LLP

Paramount Pictures Corp.

NBC Studios, Inc.

Disney Enterprises, Inc.

CSC Holdings, Inc.

CBS Broadcasting Inc.

Cablevision Systems Corp.

Cable News Network LP, LLLP

American Broadcasting Companies, Inc.

Kamind Associates, Inc. a.k.a. KAM Industries

Westbound Records, Inc.

UMG Recordings, Inc.

All Headline News Corp.

Janice Combs Publishing, Inc. d.b.a. Justin Combs Publishing

American Software Development Company, Inc.

Bad Boy Records LLC

Affordable Video Systems, Ltd.

Bad Boy Entertainment, Inc. d.b.a. Bad Boy Records

Dream Games of Arizona, Inc.

Yahoo! Inc.

Frank Diana City Entertainment

Television Music License Committee

PC Onsite

SESAC, Inc.

Simon & Schuster, Inc.

RealNetworks, Inc.

AOL LLC f.k.a. America Online, Inc.

Northern Lights Products, Inc. d.b.a. GlowProducts.com

Litecubes, LLC

Poof Apparel Corp.

Derek Andrew, Inc.

Metro-Goldwyn-Mayer Pictures, Inc.

Brayton Purcell LLP

Classic Media, Inc.

Bedford Falls Productions, Inc.

Lava Films, LLC

Launch Media, Inc.

Blueport Co., LLC

MGAE De Mexico, S.R.L. De C.V.