SONA and Songwriters Fight DOJ’s Misguided 100% Licensing Rule

Things are heating up in the lawsuit filed by Songwriters of North America and three of its members (SONA) challenging the new gloss of the Department of Justice (DOJ) on the 75-year-old consent decrees that govern the licensing practices of ASCAP and BMI, the two largest performance rights organizations (PROs). SONA sued the DOJ on […]

Copyright Policy Should Be Based On Facts, Not Rhetoric

Kevin Madigan and I have a post that was published at IPWatchdog. Here’s a brief excerpt: After nearly twenty years with the DMCA, the Copyright Office has launched a new study to examine the impact and effectiveness of this system, and voices on both sides of the debate have filed comments expressing their views. For […]

Separating Fact from Fiction in the Notice and Takedown Debate

Cross-posted from the Center for the Protection of Intellectual Property (CPIP) blog. By Kevin Madigan & Devlin Hartline With the Copyright Office undertaking a new study to evaluate the impact and effectiveness of the Section 512 safe harbor provisions, there’s been much discussion about how well the DMCA’s notice and takedown system is working for […]

Attacking the Notice-and-Staydown Straw Man

Cross-posted from the Center for the Protection of Intellectual Property (CPIP) Blog. Ever since the U.S. Copyright Office announced its study of the DMCA last December, the notice-and-staydown issue has become a particularly hot topic. Critics of notice-and-staydown have turned up the volume, repeating the same vague assertions about freedom, censorship, innovation, and creativity that […]