The Use Of Copyrights In Digital Media.
This blog post structures around three video casts. This week I was able to watch the
“TWIL” (this week in law) episodes on YouTube. The Internet show hosted by Denise Howell and Evan Brown invite different entertainment lawyers to discuss recent legal activities in the industry.
The first episode, TWIL 123 (August 5, 2011) guest starred: Fred Von Lohmann, Trevor Timm, and Michelle Sherman. Lohmann is the senior copyright council for Google. Trevor Timm hosts’ lasisblog.com and Michelle Sherman is a lawyer from socialmedialawupdate.com. The topic of discussion was Zediva. This company tried to make a business out of a DVD tower. To avoid the piracy law of streamlining movies, Zediva allowed people to rent the DVD players and watch in their own homes.
According to Fred Von Lohmann, “Zediva only received a preliminary injunction order from the court. They would be able to appeal using the Cablevision case.” (2011). Cablevision created a remote that would let people streamline movies with in the privacy of their home. Cablevision won the case because the court cannot define privacy rules. The copyright act does not control private performances (Lohmann 2011). As the issue was being discussed Michelle Sherman made a good point. The act of Zediva was to get around the law. They would not be able to appeal, with out a good cause. In the end this company was pirating DVD’s.
The Second highlight of the episode is about the new laws in the United Kingdom. The entertainment law was able to have ISP block domain names from an off shore sight. When the company is not based in the country it is now able to block domain names. This way people will not be able to find them on the Internet. In the United States, According to Timm, the Protect IP act is pending in Congress. This act will allow companies to block domain names here. The law was intended for child pornography and keeping children away from pornography. However, will the action become abused and cause an “arms race” for companies dealing with infringement?
TWIL 124, August 12,2011.
The guest appearances are from Carolyn Write photoattorney.com, Matt Buchanan Ohio BNIP.com, and Wendy Seltzer Princeton’s center with technology staff attorney.
The discussion here was Andy Baio and “Kinda Bloop.” It was an 8-bit remix to Miles Davis “Kind of Blue.” Baio made sure the all of the legal rights were in place for the music. However, he took the photograph for the cover art and pixilated it. After this Andy Baio found himself in a copyright infringement for photography. Some try to argue that Baio did not need licensing for the artwork, it fell under the fair use act. According to Carolynn, photograph artist do not get the same respect that others do. This was not fair use it was taking a photograph and changing it.
Wendy believes encouraging artist to really think about fair use before they take another artists work. The use must be a parody or a complement to the artist. Baio should have asked the photograph artist for permission to use the picture as well.
TWIL 125, August, 19, 2011
Invited Patent Lawyers Nipper and Matt Macari.
The discussion was Google purchasing Motorola for $12.5 billion dollars. This purchase included 24000 patents at half a million a piece. The lawyers agreed that these major corporations are beginning their own “nuclear arms race.” Because of the Android Litigation and the Oracle settlement. Companies are buying out others with good patents, which they can pull out later in a lawsuit. This does not include small businesses, mainly large corporations. In the end it’s the people that lose out. As the companies hold onto patents and spend large amounts of money on the portfolios.
I have learned in starting a new business it is important to watch out for all issues. The new IP laws that are being established for technology will effect the entertainment industry. It is important to remain current on cases and to protect any original work as well.
For more information:
http://www.bagandbaggage.com/
http://waxy.org/2011/06/kind_of_screwed/