Archive for June 21st, 2006
Big Music Seeks to Revise Compulsory License
This story has been updated. Original CopyCense coverage: June 8, 2006
“Are Congress and the music publishing business trying to pull a fast one on U.S. consumers? As usual, it depends on who you ask. The new Section 115 Reform Act (SIRA) of 2006 is scheduled for markup tomorrow, and the EFF is sounding the alarm.
“It’s worth pointing out that Cary Sherman, head of the RIAA, appeared before the House Committee on the Judiciary a few weeks back to express his organization’s opposition to the new bill, which seeks to make the licensing of online music simpler. If the RIAA opposes it, surely the law can’t be all bad?
“The law would amend Section 115 of title 17, United States Code—the section that covers ‘compulsory licenses.’ The new SIRA law is an attempt to update the compulsory licensing scheme to clear up uncertainties in the way that some music download and streaming services operate, and to make it easier for them to get licenses to operate. The bill has little to do with consumers at all. A quick glance over the Congressional testimony at last month’s hearing on the bill shows that the matter is largely of interest to the various businesses involved in music publication and sales, and testimony concentrates mainly on how the bill would affect the licensing and control of music among industry players.”
Ars Technica. Will “Fair Use” Be Fundamentally Redefined This Week? June 6, 2006.
Related Stories & Documents:
- EFF Deep Links. Season of Bad Laws, Part 4: Music Services Sell Out Fair Use. June 4, 2006.
- U.S. House of Representatives. Section 115 Reform Act. (.pdf) Undated.
Updates:
- Anne Broache. House Panel OKs Digital Licensing Bill. News.com. June 8, 2006.
- American Association of Law Libraries, et al. Open letter to Rep. Lamar Smith and Rep. Howard Berman from 19 organizations expressing concern about Section 115 amendment proposal. (.pdf) June 6, 2006.
- Natali T. Del Conte. Copyright Law Faces New Test On Thursday. PCMag.com. June 7, 2006.
CopyCense™: The law, business, and technology of digital content. A business venture of Seso Digital LLC.
Author Sues Game Maker For DMCA Misrepresentation
This story has been updated. Original CopyCense coverage: March 28, 2006.
An independent writer who has been prohibited from selling an unofficial guide to the popular online game World of Warcraft because of the manufacturers’ repeated takedown complaints under the Digital Millennium Copyright Act has sued the game makers, claiming their DMCA takedown notices are a misrepresentation of copyright infringement.
Brian M. Kopp, a writer located in Bronson, Fla., filed the lawsuit late last week in a California federal court after Blizzard Entertainment (the creator of World of Warcraft) repeatedly filed DMCA takedown notices with eBay, where Kopp was trying to sell his book via auction. After eBay blocked two different accounts Kopp had used to sell the book because of repeated DMCA takedown notices, Kopp filed his lawsuit. He is being represented in court by Public Citizen, the Ralph Nader-founded consumer watchdog group.
Under Section 512(g)(1) of the Copyright Act, an online service provider such as eBay can clear itself of potential copyright infringement liability if, in response to a party’s claim that a Web site contains infringing materials, that ISP immediately removes the materials. Pursuant to Section 512(g)(3), a party’s whose information was removed can have the service provider reinstate that information if that party “has a good faith belief that the material was removed … as a result of mistake or misidentification …”
EBay has a policy whereby the online auctioneer may remove a listing or otherwise disable an account if a Verified Rights Owners (VeRO) complains that a listing infringes on its intellectual property. This is what occurred with Kopp’s books. One of Kopp’s legal claims, however, is that Blizzard and its co-defendants violated Section 512(f) by “knowingly and materially misrepresenting that Kopp’s book violated their copyrights. Section 512(f) makes it illegal to “knowingly materially misrepresent … that material is infringing …” A violation for Section 512(f) can include can lead to damages, costs, and attorneys’ fees.
Gaming guides have become big business. A New York Times article cited on CopyCense™ two weeks ago noted that gaming guides can sell hundreds of thousands of copies. The books typically provide insights and clues on how best to succeed at playing a particular video game. According to a more recent News.com report, World of Warcraft has now attracted a following of 6 million subscribers worldwide since it debuted in 2004.
Kopp’s book had sold several hundred copies on eBay, said the News.com report; the complaint says the book is still available for sale from Kopp’s Web site.
Anne Broache. ‘Warcraft’ Maker Sued For Blocking Sales of Unofficial Guide. News.com. March 24, 2006.
Related Stories & Documents:
- U.S. District Court, Central District of California. Complaint for Misrepresentation Under the Digital Millennium Copyright Act … and Declaratory and Injunctive Relief. (.pdf) March 23, 2006.
- CopyCense. Games Give Authors New Revenue Stream. March 7, 2006.
Update:
- Anne Broache. Blizzard Abandons DMCA Threat over ‘WoW’ Manual. News.com. June 9, 2006
CopyCense™: The law, business, and technology of digital content. A business venture of Seso Digital LLC.
Virginia Colleges Must Report Students for Offender Database
“Virginia’s public and private colleges and universities soon will be required to submit the names and Social Security numbers of tens of thousands of students they accept each year to state police for cross-checking against sexual offender registries.
“The little-noticed but groundbreaking law is raising concerns among privacy experts about giving police access to a vast new database of student information. They say the data could be stored permanently on hard drives and mishandled, stolen or used for unrelated homeland security or law enforcement purposes.
“Passed this year as part of a crackdown on sex crimes and signed by Gov. Timothy M. Kaine, the law also requires Department of Motor Vehicles officials to turn over personal information to police any time a Virginian applies for a license or change of address. It goes into effect July 1.”
Michael D. Shear and Rosalind S. Helderman. Police to Receive Student Data for Checks Against Offender List. WashingtonPost.com. June 20, 2006.
CopyCense™: The law, business, and technology of digital content. A business venture of Seso Digital LLC.
Africa Gets Bitten By Copyright Bug, Too
“Since Uganda’s first FM radio station hit the airwaves, DJs and presenters have been broadcasting music without paying artistes’ royalties. The stage is set for a major showdown between Uganda’s FM radio station owners and artistes over payment of music royalties.
“For more than a decade, ever since Uganda’s first FM radio station hit the airwaves, DJs and radio presenters have been broadcasting music without paying artistes’ royalties to the performers, composers and so on. “By playing their music,” radio owners argue, “we are promoting them.” Some DJs say that artistes often bring their CDs to the radio stations, lobbying for their music to be played for free.
“Artistes now say the radio stations are reaping advertising revenue by playing their popular music, for which they are not paid. With the recently passed Copyright and Neighbouring Rights Act 2006, artistes may at last be able to reap from their sweat by asking radio stations to pay royalties every time they play a song. The law, which only awaits the president’s assent to come into force, criminalises infringement on copyrighted works by way of reproduction, distribution or broadcast.
Frank Sserwaniko. Uganda: New Copyright Law to Protect Musicians. The East African. June 13, 2006.
CopyCense™: The law, business, and technology of digital content. A business venture of Seso Digital LLC.
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