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 Issues Final Rule on Deposit Accounts

Administration of Copyright Office Deposit Accounts  |  37 CFR Part 201, Docket No. RM 2009–4  |  2/17/2011

The Copyright Office is amending its regulations to set the minimum level of activity required to hold a deposit account at 12 transactions per year; require deposit account holders to maintain a minimum balance in that account; require the closure of a deposit account the second time it is overdrawn within any 12-month period; and offer deposit account holders the option of automatic replenishment of their account via their bank account or credit card. 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...

Copyright Office Adopts Interim Regulations Governing Electronic Submissions of Applications for Registration of Certain Photographs

Registration of Claims of Copyright  |  37 CFR Part 202, Docket No. RM 2010–6  |  1/25/2011

The Copyright Office is adopting interim regulations governing the electronic submission of (1) applications for registration of automated databases that predominantly consist of photographs and (2) applications for group registration of published photographs. More...

Copyright Office Announces Interim Rules Reflecting Satellite Television Extension and Localism Act of 2010

Implementation of the Satellite Television Extension and Localism Act of 2010  |  37 CFR Part 201, Docket No. RM 2010–2  |  9/17/2010

The Copyright Office amends its rules governing statements of account for cable systems and satellite carriers to reflect changes resulting from the recent enactment of the Satellite Television Extension and Localism Act of 2010. More...

Copyright Royalty Judges Publish Royalty Rates for Satellite Carrier Compulsory License for 2010-2014

Rate Adjustment for the Satellite Carrier Compulsory License  |  37 CFR Part 386, Docket No. 2010–4 CRB Satellite Rate  |  8/31/2010

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...

Copyright Office Releases Classes of Work That Are Exempt from Prohibition on Circumvention of Copyright Protection Systems

Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies  |  37 CFR Part 201, Docket No. RM 2008–8  |  7/27/2010

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...

Copyright Office Licensing Division: Cable Statements of Account to Be Available in Mid- to Late June

Notice on Cable Statements of Account  |  Issue 390  |  6/10/2010

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...

Copyright Royalty Judges Issue Notice on Voluntary Negotiation Period for Determining Royalty Fees

Rate Adjustment for the Satellite Carrier Compulsory License  |  Docket No. 2010–4 CRB Satellite Rate  |  6/8/2010

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...

Register of Copyrights: It Has No Authority under Copyright Act to Resolve Constitutionality of 17 U.S.C. 114(f)(5)

The Register of Copyrights’ and the Copyright Royalty Judges’ Authority to Determine the Constitutionality of 17 U.S.C. 114(f)(5  |  Docket No. RF 2009–1B  |  5/11/2010

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...

Register of Copyrights: CRJs Have Authority under Copyright Act to Subpoena a Nonparticipant to Appear and Testify

Copyright Royalty Judges’ Authority to Subpoena a Nonparticipant to Appear  |  Docket No. RF 2009–1  |  3/19/2010

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...

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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

Disney Enterprises, Inc.

CSC Holdings, Inc.

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.

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

Affordable Video Systems, Ltd.

Yahoo! Inc.

Dream Games of Arizona, Inc.

Television Music License Committee

Frank Diana City Entertainment

SESAC, Inc.

Simon & Schuster, Inc.

PC Onsite

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.

Silver Ring Splint Company

Julie Ann Bible

Knight Ridder Inc.

RDR Books

Digisplint, Inc.

Hampshire House Publishing Corp.

Knight Ridder Digital