SoundExchange, Inc. v. Muzak LLC
Martinizing International v. BC Cleaners

The Trump Admin's Advice to Supreme Court in Copyright Case Is a True Mind-Bender

From The Hollywood Reporter by Eriq Gardner

The Trump Administration has finally weighed in on copyright, a subject as contentious*** as healthcare or immigration. On Thursday, the Acting Solicitor General advised the U.S. Supreme Court that even though a lower appeals court made a "significant legal error" in a dispute over a YouTube clip of a toddler dancing to Prince's 1984 hit, "Let's Go Crazy," the high court should pass on a review.

The case focuses on whether Universal Music made a misrepresentation when issuing a takedown notice to YouTube. Representing the owner of video, mother Stephanie Lenz, the Electronic Frontier Foundation has been in court for about a decade on this issue. In September, 2015, the 9th Circuit Court of Appeals ruled that copyright owners must consider fair use before sending takedowns, but wrote that if a copyright holder forms a subjective good faith belief that allegedly infringing material does not constitute fair use, that's enough to shield the copyright holder from misrepresentation liability under the Digital Millennium Copyright Act. That left neither side truly happy, so petitions came from both for a high court review.

Full story.

Please visit Gehrke & Associates, SC to learn more about how to enhance and defend your intellectual property.  Thank you.

Comments

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name is required. Email address will not be displayed with the comment.)