Category: Politics

Update to Digital Millennium Copyright Act Long Overdue

Momentum is building for changes to the DMCA that will better protect creators

Content creators from all walks of life are coalescing around the need to update copyright law to protect their work against theft in digital age.  A piece in yesterday’s NY Times,  Music World Bands Together Against YouTube, Seeking Change to Lawis the latest to highlight growing calls by the creative community to update a woefully antiquated Digital Millennium Copyright Act of 1998.

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Will DMCA ‘safe harbor’ loophole finally get fixed?

U.S. Copyright Office announces study on impact and effectiveness of the DMCA safe harbor provisions

The Digital Millennium Copyright Act’s (DMCA) “safe harbor” provision has long been a source of frustration for creators.  For years it’s allowed 3rd parties who enable, and often profit from piracy, to avoid legal liability for infringement.  Momentum to tighten eligibility standards to qualify for safe harbor protection has been growing of late, both in courts and at the U.S. Copyright Office.

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Newhoff responds to Pirate Bay founder Peter Sunde

The Illusion of More’s David Newhoff takes Pirate Bay founder Peter Sunde to task

If you haven’t had the opportunity to read David Newhoff’s thoughts regarding Pirate Bay founder Peter Sunde’s recent interview published on Motherboard please take the time to do so.   It’s truly a must read. Sunde spent a brief time in prison in 2014 for his role in operating the notorious torrent site whose popularity spawned clones around the globe and gave rise to the  well-entrenched meme that piracy was somehow morally and politically justifiable.

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Copyright Au Courant – Piracy, Popcorn Time and Privacy

Lots of news in the copyright, piracy and privacy world of late.  Here’s some worth a look:

First up, this thoughtful piece by Nelson Granados on Forbes.com “How Piracy Is Still Hurting The Filmmakers And Artists You Admire.”  Granados takes direct aim at the fallacy that piracy doesn’t cause damage to Hollywood studios.

“Many think naively that studios cannot be hurt too much, because after all, you hear mostly about the movies that make hundreds of millions of dollars. But the reality for many filmmakers is that they often live on the edge, seeking financing to produce quality content, and enduring high uncertainty about whether they will be able to pay off debt and have any profit left. Given the high fixed cost of producing a quality movie, losses from piracy can be the difference between making a profit or not.”

He notes that a number of “peer-reviewed” studies quantify this damage.  Bottom line, like any industry, Hollywood depends on making a return on its investment in order to stay alive.  No matter what piracy apologists allege, that’s a basic economic fact.  Granados also touches on the particular vulnerability faced by independent filmmakers.

Most artists struggle to make ends meet as they pursue their creative work with passion and dedication. Piracy may be tipping the next Quentin Tarantino over the financial edge into bankruptcy, and we will all lose.

As I’ve often said, we (consumers) won’t be aware of what we are missing if it isn’t made.  Piracy’s damage can be insidious and, to the public, somewhat invisible, but ultimately it diminishes the quantity (and quality) of film offerings we have to choose from.

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Google’s continued do-si-do around its piracy pledge

Google continues to dodge responsibility for its role in promoting online piracy

This past week members of the House Judiciary Committee traveled to California to hold a pair of roundtable discussions on the future of copyright.  On Tuesday committee members were in Santa Clara, the heart of Silicon Valley, and on Wednesday traveled to Los Angeles to hear from a variety of stakeholders discussing everything from overhauling an out-dated U.S. Copyright Office to DMCA circumvention for tractor repairs.
Though I wasn’t at the LA event, I read with great interest a report in Variety by Ted Johnson that documented an exchange between Google’s legal director for copyright, Fred von Lohmann and Richard Gladstein, founder of Film Colony…von Lohmann’s posturing on Google’s piracy problem is nothing new, but it is worth pointing out how his statements are carefully crafted to dovetail with Google’s own (vague) propagandistic promises.

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Will Buckley works to unite artists and fix a broken DMCA

A conversation with Will Buckley about artists' rights and efforts to update the DMCA

Will Buckley, is the founder of Fare Play a non-profit educational organization supporting the rights of individuals to control the digital distribution and sale of their copyrighted work.  He’s spent the past five years working to bring creators together and inspire them “to become evangelists for their lives and careers.”  

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Piracy rates drop in Australia thanks to streaming and new laws

Piracy rates decrease 4% overall

Some positive news on the piracy front from Australia in a report just released by the Intellectual Property Awareness Foundation.  The study finds that Australian piracy rates (among those 18 to 64)  have decreased 4% in the past year.

Following the report’s release some of the headlines focused on new streaming services like Netflix as the reason for the decrease, but IP Awareness Executive Director Lori Flekser says other factors like the high-profile Dallas Buyers Club lawsuit, and legislation allowing blocking of pirate sites and a soon-to-be-enforced requirement that ISPs send customers “copyright infringement” warnings if they download pirated content.

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Does Trans Pacific Partnership deal mean global online piracy will face the music?

Justice Department’s IP enforcement move and agreement reached in TPP talks

Some important news on the online piracy front today.  First, it appears that the U.S. Justice Department announced a new “collaborative” strategy to tackle (global) online piracy.  From the press release:

Attorney General Loretta E. Lynch announced today that the Justice Department will launch a new collaborative strategy to more closely partner with businesses in intellectual property enforcement efforts and will award over $3.2 million to ten jurisdictions to support state and local task forces in the training, prevention, enforcement and prosecution of intellectual property theft and infringement crimes.

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Copyright au courant for Friday, October 2nd.

Copyright Alliance’s new CEO takes over October, 1st.

First up in important copyright news, the Copyright Alliance’s new CEO Keith Kupferschmid takes the helm. Mr. Kupferschmid takes the reins from Sandra Aistars who has moved on to a new leadership role at George Mason University School of Law as both a professor and director of the  law school’s Arts & Entertainment Advocacy Program.

I’d like to take a moment to thank Sandra for all her hard work on behalf on indie artists, filmmakers, musicians and more.  Without her unwavering guidance these past few years, there’s no doubt in my mind that our rights as creators would have been further undermined.  Working in the trenches in Washington, and being the target of anti-copyright activists online, is not an easy job, but it’s one which Sandra handed with professionalism and grace.  I’m excited to see what she has planned for her new venture with George Mason University of Law and wish her all the best.

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This week in Google (not good) news

Googleiath made headlines this past week, and not in a good way.

 Let’s take a look.

1. Does Google Manipulate Search Results?

Tim Wu, the legal scholar credited with coining the oft used term “net neutrality” was hired by Yelp to conduct research into Google’s search algorithm. Wu, along with Harvard Business School professor Michael Luca and researchers at Yelp, examined whether Google gives consumers the best results.  The results don’t look good. Per Recode.net:

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Australia sees the light, OK’s blocking pirate sites

Blocking pirate sites is not censorship–it’s common sense

In a move being celebrated by creators worldwide, the Australian parliament has approved the Copyright Amendment (Online Infringement) Bill 2015.  The legislation will allow rights holders go to court to request that pirate websites be blocked in Australia. The explanatory memorandum, notes that the purpose of the bill is to “reduce online infringement.”  

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Netflix’s “Orange is the New Black” Season 3 streaming in more countries than ever

Fans of the hit Netflix original series, Orange is the New Black, are standing by, like Cinderella, waiting for the clock to strike midnight on the west coast tonight.  When the clock strikes twelve viewers worldwide will be able to (legally) binge watch all 13 episodes of the popular prison ensemble series.  Netflix has expanded to dozens of markets in the Americas, Europe and Oceania.

While the series will undoubtedly be widely pirated, now that  piracy havens like Brazil have Netflix it will be interesting to see if the problem is less widespread.  In fact, Netflix CEO Reed Hastings made news last week by suggesting (with caveats) that illegal piracy actually paved the way for Netflix’s success by changing audience viewing habits.

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