The Digital Millennium Copyright Act celebrated its 10th anniversary this week. That milestone provides us with an excuse to take a brief look at the statute and some ways it has affected the digital marketplace.
The DMCA was initially intended as the US implementation of two treaties adopted by the World Intellectual Property Organization (WIPO) in 1996 to establish rules for two evolving forms of digital media: music and computer software and databases. However, as the legislation was introduced in Congress, additional provisions were added in response to lobbying efforts by two distinct constituencies.
We recently had an opportunity to explore and write about the current trends and challenges in Latin America’s expanding digital marketplace. The article below appeared in Volume 7, Issue 8 of LATINLAWYER magazine, www.LATINLAWYER.com.
Apparently the AP is taking issue with the use of its content (including both text and photos) by bloggers who are relying on the U.S. Copyright law doctrine of “Fair Use” (which allows the use/reproduction of copyrighted material for the purposes of critiquing such content without the permission of the copyright holder) as a shield from liability for copyright infringement claims.In recent months the AP has issues multiple DMCA-takedown notices to social discussion/blog websites, including seven notices to the news discussion site “Drudge Retort” (http://www.drudge.com/cadenhead.htm), written by Rogers Cadenhead, and a notice to the blog site known as “Snapped Shot” (http://www.newshoggers.com/blog/2008/06/fair-use-and-th.html), which features and critiques certain news photos.The AP is claiming that such sites are misappropriating its content and that such sites’ claims of “fair use” in connection therewith are invalid.Continue Reading »
In this video, we discuss the challenges facing the music industry, as well as new opportunities that have arisen, as music moves from the living room stereo to portable players, moble phones, video games and other evolving platforms and models.