Page 1 of 1 of Copyright Law Summaries » New Federal Register Notices
The Copyright Office has issued on November 1, 2007 a final rule that revises its rules covering applications for registration of claims for renewal term of copyrights. These regulations were issued in light of fact that since January 1, 2006, all applications for renewal “have necessarily related to works which… More...
The Copyright royalty Board has issued new regulations governing the rates and terms for two statutory licenses. These licenses refer to the grant of certain digital performances of sound recordings and the making of ephemeral recordings. The new regulation applies to license apply to the license beginning January 1, 2006… More...
Amendments to copyright registration fees were undertaken by the Copyright Office of the Library of Congress. Assuming that no legislative action on this matter will be implemented by July 1, 2007, these amendments took effect on July 1, 2007.
This final rule imposed a “lower basic registration fee”… More...
Page 1 of 1 of Copyright Law Summaries » New Federal Register Notices
Following are Copyright Law Commentaries elaborating on the significance of the most important of the Copyright Law Summaries.
Commentary: It was once highly unusual for a successful copyright infringement plaintiff to win punitive damages – indeed, most courts have held that punitives were wholly unavailable for claims under the federal Copyright Act. But in the last decade, courts have been increasingly willing to allow punitive damages in actions based on both federal and state common law, and the awards are getting bigger and bigger. In Bridgeport v. Combs, 507 F.2d 470 (6th Cir. 2007), the 6th Circuit puts some parameters around these awards, explaining why a jury’s $3.5 million punitive damages award was unconstitutionally excessive, and offering future courts some guidance on assessing punitive damage awards More...
Related summary: Sixth Circuit Orders Remittitur of Punitive Damage Award in Bridgeport Music v. Justin Combs Case
Commentary: In its decision in US v. ASCAP, 485 F. Supp. 2d 438 (SDNY 2007), the Southern District of New York clarified how the Copyright Law concept of “public performance” applies to the Internet concepts of downloading versus streaming. While on its face, the decision appears to establish a bright line rule, the Court did acknowledge the possibility of more questionable applications in the future. More...
Related summary: Downloading of a Music File Not A Public Performance, District Court Declares in U.S. v. ASCAP
Commentary: In this appeal brought by both the copyright owner Perfect 10, Inc. and defendants which included Internet search engine and Internet retailer (Google, Inc. and Amazon.com, Inc.), the Court of Appeals ruled that the Internet search engine operator's act of framing in-line linked full-size images of copyrighted photographs on its website did not constitute "display" of copies of such photographs, within the meaning of Copyright Act, as would amount to copyright infringement. Although the storage and transmission of a thumbnail image version of a full-size copyrighted image is considered direct infringement of the exclusive right to display a work, the use falls under the fair use exception. More...
Related summary: Perfect 10, Inc. v. Amazon.com, Inc.
Commentary: The Ninth Circuit recently clarified the requirements for notice under the safe harbor provision of section 512 of the Digital Millenium Copyright Act. Though other courts have created relatively flexible standards, the Ninth Circuit ruled that compliance with all of the section’s clauses is required. This is good news for website providers, since it keeps copyright owners from shifting to providers their burden of investigating and remedying alleged infringement. More...
Related summary: Perfect 10, Inc. v. CCBill LLC
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Copyright Act of 1976 (pdf, 1.4mb)
Copyright Royalty and Distribution Reform Act of 2004 (pdf, 102kb)
Individuals with Disabilities Education Improvement Act of 2004 (pdf, 422kb)
Intellectual Property Protection and Courts Amendments Act of 2004 (pdf, 72kb)
Satellite Home Viewer Extension and Reauthorization Act of 2004 (pdf, 3.7mb)
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