Elizabeth Rader's blog

CIS Wins Procedural Ruling in Copyright Office in the 2003-2004 CARP

Today, April 10, 2003 the Copyright Office granted the motion of Collegiate Broadcasters, Inc. to reschedule the deadlines for noncommercial entities (including educational and community radio stations and groups) to file direct cases in the new webcasting CARP, and for other pre-controversy discovery. Download file . This ruling will allow several more months in which the parties may attempt to reach an amicable agreement, in accordance with the Small Webcaster Settlement Act of 2002. Read more about CIS Wins Procedural Ruling in Copyright Office in the 2003-2004 CARP

Court of Appeals Sets Dates For Internet Radio Appeal

On April 4th, the Court of Appeals for the D.C. Circuit issued long-awaited orders setting a briefing schedule for the consolidated appeals from the 1998-2002 CARP proceeding in the Copyright Office, setting royalty rates for webcasting. The Court will accept two briefs from copyright users - one from those who participated in the CARP and one from those who were unable to participate but are challenging the outcome and the process. CIS is representing multiple webcasters in the appeal. Joint briefs of the various petitioners are due June 20. Read more about Court of Appeals Sets Dates For Internet Radio Appeal

NY Court Smacks Plaintiff Who Sued for Copyright Infringment over Use of Film Clip in Obituary

In a victory for fair use, Judge Barbara N. Jones granted the motion of defendants CNN, ABC and CBS for attorneys fees after they obtained summary judgment that their use of a brief film clip from the movie "The Story of G.I. Joe" in the obituary for actor Robert Mitchum was fair use, not copyright infringement. The Court found that the plaintiff's case was objectively unreasonable, especially given that the networks ran clips of 6-22 seconds of the 108 minute film. Read more about NY Court Smacks Plaintiff Who Sued for Copyright Infringment over Use of Film Clip in Obituary

Copyright Office announces California hearings on DMCA anticircumvention exemptions

Among other things, the Digital Millennium Copyright Act prohibits the circumvention of technological measures that control access to copyrighted works. The Copyright office is currently engaged in rulemaking to possibly add exemptions to this prohibition.
Yesterday the Office announced that it will hold public hearings at the UCLA Law School in Los Angeles, California on Wednesday, May 14 and Thursday, May 15, from 9:00 a.m. to 5:00 p.m. These hearings are in addition to hearings already scheduled in April in Washington, D.C. Read more about Copyright Office announces California hearings on DMCA anticircumvention exemptions

Internet subcommittee of Congress to hear testimony on CARP reform bill

Congressman Lamar Smith has introduced the Copyright Royalty and Distribution Reform Act (H.R. 1417). In a nutshell, the Act would replace the Copyright Arbitration Royalty Panel (the body that set royalty rates for webcasters, large and small, based on the rate that Yahoo! was willing to pay RIAA) with an administrative law judge. More importantly, the Copyright Judge and his staff attorneys would be paid by the government, not by those who seek to participate in the rate-setting process, as they are now. Read more about Internet subcommittee of Congress to hear testimony on CARP reform bill

Congress takes on CARP Reform

Congressman Lamar Smith has introduced the Copyright Royalty and Distribution Reform Act (H.R. 1417). In a nutshell, the Act would replace the Copyright Arbitration Royalty Panel (the body that set royalty rates for webcasters, large and small, based on the rate that Yahoo! was willing to pay RIAA) with an administrative law judge. More importantly, the Copyright Judge and his staff attorneys would be paid by the government, not by those who seek to participate in the rate-setting process, as they are now. Read more about Congress takes on CARP Reform

CBI Moves To Bifurcate New CARP

While CIS continues work on the D.C. Circuit appeal asking the Court of Appeals to reverse the Librarian of Congress's Order setting royalty rates for digital transmissions of recordings, the Copyright Office is already preparing for new CARP hearings to set the royalty rates for 2003-2004. Collegiate Broadcasters Inc. (CBI) is participating in the new CARP Proceeding to ensure that educational stations' special needs and views are represented this time around. Read more about CBI Moves To Bifurcate New CARP

CIS To Move Forward in Golan v. Ashcroft

Golan v. Ashcroft is a case to defend the public domain. Like Eldred v. Ashcroft, the Golan case challenged the Sonny Bono Act's extension of the terms of subsisting copyrights, but additionally, it challenges the Uruguay Round Agreements Act's provisions retroactively granting copyright to certain works that were already in the public domain. The URAA removes thousands of works from the public domain, thereby depriving the public of our rights to freely use works that were, for many years, available to all. Read more about CIS To Move Forward in Golan v. Ashcroft

DC Circuit hands down Orders 1/14

Almost three months after the Cyberlaw Clinic filed emergency motions to stay collection of webcasting royalties from Internet radio stations, the US Court of Appeals has denied all motions for stay. The Court found CBI without standing to seek a stay.
While these motions were pending, however, Congress legislatively imposed a stay of payment through June 2003 for noncommercial stations and gave commercial stations until December 15 to enter into settlements with RIAA/SoundExchange. Read more about DC Circuit hands down Orders 1/14

DC Circuit hands out orders in Internet Radio Appeals

Almost three months after the Cyberlaw Clinic filed emergency motions to stay collection of webcasting royalties from Internet radio stations, the US Court of Appeals has denied all motions for stay. The Court found CBI without standing to seek a stay.
While these motions were pending, however, Congress legislatively imposed a stay of payment through June 2003 for noncommercial stations and gave commercial stations until December 15 to enter into settlements with RIAA/SoundExchange. Read more about DC Circuit hands out orders in Internet Radio Appeals

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