By Ryan Smith and Thomas F. Zuber of Zuber & Taillieu LLP
The Ninth Circuit U.S. Court of Appeals joined the Fifth and Seventh Circuits in holding that a completed application filed with the U.S. Copyright Office suffices for “registration” for litigation purposes. In Cosmetic Ideas, Inc. v. IAC/Interactivecorp. 606 F.3d 612 (9th Cir. 2010), the Ninth Circuit determined that although the… More...
The Copyright Royalty Judges (“CRJ.” Or “Judges”) has published final regulations setting the rates for the satellite carrier statutory license of the Copyright Act for the license period 2010–2014. More...
The Library of Congress has unveiled the classes of works subject to the exemption from the prohibition against circumvention of technological measures that control access to copyrighted works. More...
The Copyright Office’s Licensing Division (“Division”) has issued a notice to cable operators to inform, that statements of account—SA 1-2 (short form) and SA 3 (long form)—for the January 1–June 30, 2010, accounting period will not be available for use until mid- to late June 2010. More...
The Copyright Royalty Judges (“CRJ,” or “Judges”) have issued a notice announcing the voluntary negotiation period for the purpose of determining the royalty fees to be paid by satellite carriers under the satellite carrier compulsory license. More...
Two material questions of substantive law were referred to the Register of Copyrights (“Register”) concerning the authority of the Register of Copyrights and the Copyright Royalty Judges (“CRJ”) to determine the constitutionality of 17 U.S.C. 114(f)(5). More...
On January 28, 2010, pursuant to 17 U.S.C. 802(f)(1), the Copyright Royalty Judges (‘‘CRJs’’) referred to the Register of Copyrights a novel material question of substantive law that has arisen in this proceeding. More...
The Copyright Royalty Judges (“Judges”) have published final regulations governing the statutory minimum fees to be paid by commercial webcasters under sections 112(e) and 114 of the Copyright Act. More...
The Copyright Office (Office”) has adopted an interim regulation governing mandatory deposit of electronic works published in the United States and available only online. More...
The Librarian of Congress has extended, on an interim basis, the existing classes of works with respect to which the prohibition against circumvention of technological measures that effectively control access to copyrighted works shall not apply to persons who engage in non-infringing uses. More...
The Copyright Office is adopting amendments to its regulations governing the recordation of notices of termination and certain related provisions that would: 1) communicate the Office’s practices as to its receipt of notices of termination that are untimely; 2) clarify that recordation of a notice of termination by the Office does not necessarily mean that the document is legally sufficient; 3) update the legibility requirements for all recorded documents, including notices of termination; 4) make minor explanatory edits to the fee schedule for multiple titles within a document (adding, “e.g., a Notice of Termination” as an example); and 5) establish a new mailing address to which notices of termination should be sent. More...
