In April 2015, a WLF Legal Pulse post expressed concern with a nascent American Law Institute (ALI) project, Restatement of the Law: Copyright. Three years later, the drafting process continues in the face of increasing criticism from intellectual property scholars, ALI members, and even the federal government’s chief copyright official. Some of those critiques echo and amplify the concerns we expressed initially and have repeated in our posts on ALI’s other troubled project, the liability-insurance-law Restatement. Simply put, the Institute’s ambition to put its own imprint on the law imperils its credibility. Continue reading “Law of Copyright Reinterpretation Project Steers ALI Further Off Course”
Innovative ways to view broadcast content such as scripted shows, sporting events, and recently released movies are advancing at breakneck speed. Buyers should beware, however, that not all methods for accessing entertainment content are on the up-and-up. Several devices, for instance, promise extreme “cord-cutting” and incredibly wide access to content at a relatively low, one-time cost.
There’s a good reason why these devices are so cheap and offer so much: they provide a gateway to pirated content, facilitating copyright infringement on a massive scale. Unsurprisingly, the sellers of two such “smart TV boxes” are embroiled in copyright litigation. Continue reading “Cutting the Cord: “Smart TV Box” Devices and Copyright Infringement”
Our annual briefing was moderated by WLF Legal Policy Advisory Board Chairman Jay Stephens and featured commentary on free-enterprise-oriented cases the Court will hear this Term by Neal Katyal of Hogan Lovells and Daryl Joseffer of King & Spalding LLP.
The following materials were provided to attendees:
- The Supreme Court’s NOT Top 10: October Term 2015 Petitions the Justices Should Have Granted
- With Three Cases on October 2016 Docket, US Supreme Court Poised to Expand Its Impact on Patent Rights
- WLF press release announcing amicus brief filing in NLRB v. SW General, Inc.
- WLF press release announcing amicus brief filing in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC
- WLF press release announcing amicus brief filing in State Farm Fire & Casualty Co. v. U.S. ex rel. Rigsby
- WLF press release announcing amicus brief filing in Microsoft v. Baker
The U.S. Supreme Court: October 2015 Term Review
Speakers: The Honorable Jay Stephens, Kirkland & Ellis LLP; Andrew J. Pincus, Mayer Brown LLP; Elizabeth P. Papez, Winston & Strawn LLP; Jeffrey B. Wall, Sullivan & Cromwell LLP
Our speakers discussed Court rulings in the areas of class actions, arbitration, the federal False Claims Act, intellectual property, federal regulation, and property rights.
In mid-April, Facebook unveiled a new tool to help copyright holders combat infringing behavior. The move comes after digital content creators alleged that Facebook was building its growing video-sharing platform by acquiescing to third parties’ posting of videos originally uploaded elsewhere (known as “freebooting”). Critics of freebooting argue that the practice hurts creators by siphoning off views (and thus ad revenue from them and the original video platform, such as YouTube). The new tool, called Rights Manager, is Facebook’s attempt to end these illegal practices and encourage digital-content creators to bring more of their content to Facebook’s video-sharing platform. Continue reading “With New Rights Manager, Facebook Creates New Tool to Fight Against ‘Freebooting’ and Copyright Infringement”
Washington Legal Foundation has long supported industry self-help initiatives, including those aimed at protecting intellectual property rights. The WLF Legal Pulse, for instance, has highlighted industry efforts to self-police copyright infringement and reduce frivolous patent litigation (for example, here and here). On the copyright front, as we’ve previously discussed, websites that facilitate or traffic in unlawfully copied entertainment content, such as cyberlockers, cost the creative industry millions of dollars each year. The latest market-based effort to combat copyright theft is a voluntary agreement between the Motion Picture Association of America (MPAA) and Donuts, Inc. (Donuts). According to the agreement signed on February 9, Donuts, the world’s largest domain-name registry, will designate MPAA as a “Trusted Notifier” and treat MPAA referrals of large-scale piracy expeditiously and with a presumption of credibility. Should Donuts find no holes in an MPAA request, it will suspend or terminate the domain. Continue reading “Market-Based Efforts to Fight Online Copyright Piracy Earn a New Ally”
The Hon. Jay B. Stephens, Kirkland & Ellis LLP and Chairman, WLF Legal Policy Advisory Board
Gregory G. Katsas, Jones Day
Melissa Arbus Sherry, Latham & Watkins LLP
Ashley C. Parrish, King & Spalding LLP