It has become very fashionable to insist that copyrights be pushed into the public domain absolutely as soon as possible. This way, the argument goes, they can be copied and built upon by others. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., asks, since when did copying become creativity? He breaks down the arguments and shows how not only does the premise not hold up, but creative restrictions in fact encourage rather than inhibit creativity.
On February 5, 2015, the Copyright Office dropped its long awaited report on Music Licensing and its recommendations of the changes to be made to the system. At 202 pages, 45 pages of exhibits and 975 footnotes, it’s a lot to digest, but Nova Southeastern University's Copyright Officer, Stephen Carlisle J.D., has done the heavy lifting for you. He outlines the major proposed changes with an eye on whether Congress might enact the changes, and whether the changes go far enough.
Updating previous blog posts, this week, Nova Southeastern University's Copyright Officer looks at how Malibu Media lost their first summary judgement motion and court ruling that “transformative use” artists assume the risk of a lawsuit.
The recent court case over the song “Blurred Lines” highlighted a very thorny question: exactly what parts of a song are copyrightable? Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., explains how courts have handled the questions legally, and how music composition techniques and music theory affect the results.
This blog edition updates some topics covered in previous blog posts: Google is caught once again abusing its DMCA safe harbor rights, Canadian publisher announces a series of new James Bond stories, and a Judge rules that two copyrights that are infringed are actually only one copyright infringed. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., keeps you up to date and explains what it all means.
Many arguments being tossed about on the internet are sheer sophistry; namely “the deliberate use of a false argument with the intent to trick someone.” Foremost amongst these are the claims of the anti-copyright forces of such curious notions that “copyrights are not property” and “copyright infringement is not theft.” Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., examines these assertions and discovers that sometimes the answer is hiding in plain sight.
James Bond has defeated many formidable villains. But now he faces the most powerful, unstoppable and implacable foe yet: the public domain! On January 1, 2015, the copyrights on the 12 James Bond novels and two collections of short stories written by Ian Fleming entered the public domain in Canada, Japan, New Zealand, South Africa, Thailand and dozens of other nations. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., examines what this means for our intrepid hero, now and in the future.
Updating several recent blog posts, Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., examines the options for the future of the Georgia State “fair use” litigation, how Google censors free speech when it finds it profitable to do so, and the 80% reduction in the ranks of working songwriters in Nashville.
It’s been a bad few months for Sirius XM. First, they lost two cases in California brought by Flo and Eddie and the recording industry, then lost a key ruling in New York. Instead of throwing in the towel, they threw out their legal team. Unfortunately, the results got worse. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., examines the key points raised in the New York case, and explains why the Judge is now very unhappy.
Google likes to portray itself as a “content neutral” equivalent of an electronic golden retriever, namely that it only sends back to you what you look for. Nothing could be further from the truth. Apparently, Google has a “blacklist” and roughly 10,000 web sites a day find themselves blocked by Google, for a variety of reasons, as two recent lawsuits against Google have revealed. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., digs into who gets banned and why, and asks: why don’t the pirate sites get banned?