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 Proposes New Fee Schedule

Copyright Office Fees – January 24, 2012  |  Docket No. 2012–  |  1/25/2012

The Copyright Act (‘‘Act’’) provides that the Register of Copyrights may adjust certain fees based upon a study of the costs incurred by the Copyright Office (“Office”) for the registration of claims, the recordation of documents, and the provision of services. 17 U.S.C. 708(b). More...

Copyright Office Announces Proposals Received in DMCA Anticircumvention Rulemaking

Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies  |  NewsNet Issue 445  |  12/27/2011

The United States Copyright Office seeks comments on proposals to exempt certain classes of works from the prohibition on circumvention of technological measures that control access to copyrighted works. More...

Copyright Office Releases a Preliminary Analysis and Discussion Document on Mass Digitization of Books

Legal Issues in Mass Digitization: A Preliminary Analysis and Discussion Document  |  Issue No. 438  |  10/31/2011

The Copyright Office has published a Preliminary Analysis and Discussion Document that addresses the issues raised by the intersection between copyright law and the mass digitization of books. More...

Two Top Administrators of NinjaVideo Website Plead Guilty to Criminal Copyright Conspiracy

U.S. v Joshua David Evans, et al.  |  DOJ No. 11-1403, Case No. ____, U.S. District Court for the Eastern District of Virginia  |  10/25/2011

Joshua David Evans, 34, of North Bend, Wash., and Jeremy Lynn Andrew, 33, of Eugene, Ore., have pleaded guilty for their roles in NinjaVideo.net, a website that provided millions of users with the ability to illegally download infringing copies of copyright-protected movies and television programs in high-quality formats. More...

Copyright Office Requests Comment on Classes of Works Whose Users Are Likely to be Adversely Affected Due to Prohibition on Circumvention

Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies  |  37 CFR Part 201, Docket No. RM 2011–7  |  9/30/2011

The Copyright Office is preparing to conduct proceedings in accordance with provisions of the Digital Millennium Copyright Act under which the Librarian of Congress, upon the recommendation of the Register of Copyrights, may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. More...

Founder of NinjaVideo Pleads Guilty to Criminal Copyright Conspiracy

U.S. v. Matthew David Howard Smith  |  Case No. _____, U.S. District Court for the Eastern District of Virginia  |  9/23/2011

Matthew David Howard Smith, 23, of Raleigh, N.C., has pleaded guilty for his role in founding a website that provided millions of users with the ability to illegally download copyright-protected movies and television programs. More...

NinjaVideo Website Operators Charged with Criminal Copyright Conspiracy

U.S. v. Hana Amal Beshara, et al.  |  DOJ No. 11-1158, US District Court for the Eastern District of Virginia  |  9/9/2011

A federal grand jury has returned an indictment in Alexandria, Va., charging five individuals with one count of conspiracy and five substantive copyright infringement counts for their involvement with the Internet website NinjaVideo.net, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Neil H. MacBride for the Eastern District of Virginia and U.S. Immigration and Customs Enforcement (ICE) Director John Morton. More...

Copyright Office Announces Technical Amendment

Copyright Arbitration Royalty Panel Rules and Procedures  |  37 CFR Part 251, Docket No. 2011–5  |  7/13/2011

The Copyright Office is making an amendment to its regulations by removing Part 251, Code of Federal Regulations, “Copyright Arbitration Royalty Panel Rules and Procedures.” More...

USTR Issues "Notorious Markets" List

US Trade Representative’s “Notorious Markets” List  |  No.______  |  3/3/2011

On February 28, 2011, the Office of the United States Trade Representative (USTR) issued a list of over 30 "notorious" Internet and physical sites that violate intellectual property rights. More...

Bill to Clarify Copyright Laws Signed by President Obama

Copyright Cleanup, Clarification, and Corrections Act of 2010  |  S. 3689, P.L. 111-295  |  12/9/2010

Legislation authored by Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) to clarify and improve federal copyright laws cleared the Senate on November 19, 2010, and was signed into law by President Barack Obama in early December 2010. 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

CBS Broadcasting Inc.

Cablevision Systems Corp.

Cable News Network LP, LLLP

American Broadcasting Companies, Inc.

Westbound Records, Inc.

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

UMG Recordings, Inc.

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

All Headline News Corp.

Bad Boy Records LLC

American Software Development Company, Inc.

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.

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.

Mediastream, Inc.

Hong Wei International Trading, Inc.

Sunny Isles Luxury Ventures, L.C.

Authors Guild, Inc.

Newsbank, Inc.

The Weinstein Company, LLC

Siger Suarez Architectural Partnership, Inc.