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Considering a new U.S. copyright act

Is it time for Congress to draft a replacement for the 1976 Copyright Law? In point of fact, the law was drafted almost half a decade ago now and its last major amendment came in 1998 with the addition of the DMCA. Many argue that the advent of digital technology, driven of course by the [...]

By | December 11th, 2014|Copyright Issues, Music Industry, Music Law, Music Publishing, Technology|Comments Off on Considering a new U.S. copyright act

The Truth Shall Set Us Free: Copyrights in Biblical Translations

By Bennett L. McMordie, ed. by Barry Neil Shrum “Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do [...]

By | December 1st, 2011|Copyright Issues|Comments Off on The Truth Shall Set Us Free: Copyrights in Biblical Translations

Will the real Sarah Palin please standup?: Interplay between Right of Publicity and Trademark

OR, What's in a Name? Personal Names as Trade Names REMIXED. By Barry Neil Shrum, Esquire (with Ashley Trout) "That which we call a rose by any other name would smell as sweet." You may know this quote from William Shakespeare’s classic play Romeo and Juliet or from the more "pop-culture" reference by Anne Hathaway [...]

By | April 29th, 2011|Entertainment Law, RIAA, Trademark Issues|Comments Off on Will the real Sarah Palin please standup?: Interplay between Right of Publicity and Trademark

Illegal file-sharing has the greatest impact on the lowly songwriter

A decade’s worth of music file-sharing and swiping has made clear that the people it hurts are the creators... and the people this reverse Robin Hooding benefits are rich service providers, whose swollen profits perfectly mirror the lost receipts of the music business.  -Bono (New York Times, January 2010) The passage of the Digital Economy [...]

By | March 24th, 2011|Digital Downloads, Music Publishing, RIAA|Comments Off on Illegal file-sharing has the greatest impact on the lowly songwriter

The Utilitarian Idea of a Monopolistic Right in Intangible Property

By Barry Neil Shrum, Esquire and Nathan Drake The classical libertarian, Frédéric Bastiat, is quoted as saying: In the full sense of the word, man is born a proprietor. . . . Faculties are only an extension of the person; and property is nothing but an extension of the faculties. To separate a man from [...]

By | March 22nd, 2011|Copyright Issues, RIAA|Comments Off on The Utilitarian Idea of a Monopolistic Right in Intangible Property

French Court Finds Google Liable and Refused to Apply Safe Harbor Provisions of The Law of Confidence in the Digital Economy

The search engine giant Google, known for its colorful name and creative endeavors, has been convicted in French Court of infringing the copyrights of four artistic works and now faces fines upwards of $600,000, not including legal costs and attorneys fees. The plaintiffs in the case was made up of four entities who owned the [...]

By | March 18th, 2011|Copyright Issues, RIAA|Comments Off on French Court Finds Google Liable and Refused to Apply Safe Harbor Provisions of The Law of Confidence in the Digital Economy

Immigration and Counterfeit Enforcement Agency Brings Criminal Charges against Owner of ChannelSurfing.Net

By Barry Neil Shrum & Nathan Drake In November 2010, the Federal Immigration and Counterfeit Enforcement agency ("ICE") recently seized 82 websites and shut them down on the grounds that they were committing criminal copyright infringement. One of these websites has recently become the spotlight of attention:. Brain McCarthy, the owner and operator of channelsurfing.net, [...]

By | March 8th, 2011|Copyright Issues, Digital Downloads, RIAA|Comments Off on Immigration and Counterfeit Enforcement Agency Brings Criminal Charges against Owner of ChannelSurfing.Net

The Magical Ring of Gyges: Why Illegal Downloading is So Rampant in the Age of Cyberspace

NBC Universal recently hired a company called Envisional to study counterfeiting activity over the Internet. The results of this study – despite the fact that it is industry funded – are literally astonishing: 24% of all global Internet traffic involves digital theft!  Stated another way, one in every four people surfing the Internet are stealing [...]

By | February 28th, 2011|Copyright Issues, Digital Downloads, Featured, Music Law, RIAA, Songwriting|Comments Off on The Magical Ring of Gyges: Why Illegal Downloading is So Rampant in the Age of Cyberspace

Origins of an Idea–Nothing New Under the Sun?

It was allegedly King Solomon who declared “there is nothing new under the sun!” Now a recent strain of thought seeks to recast King Solomon’s casual observation in order to challenge the basis of U.S. copyright laws, i.e., original ideas. This line of reasoning is perhaps best exemplified in the popular cult film by Brett [...]

By | February 25th, 2011|Digital Downloads, Internet Law, RIAA, Songwriting, Technology|Comments Off on Origins of an Idea–Nothing New Under the Sun?

Congress proposes Copyright Protection for Fashion Design

In response to concerns in the fashion industry, a bill originally introduced by Senators Schumer and Senator Clinton in 2006 has been revised and reintroduced to the new Congress as Senate Bill 3728. The new bill would amend Title 17 of the Copyright Act of 1976 of the United States Code to include copyright protection for "fashion design." If it passes, this would represent the first addition of a new protected class of copyrighted works since Congress passed the Architectural Works Copyright Protection Act in 1989

By | February 14th, 2011|Copyright Issues, Entertainment Law, RIAA|Comments Off on Congress proposes Copyright Protection for Fashion Design