Protecting Authors and Artists by Closing the Streaming Loophole

Matthew Barblan and I have a new CPIP policy brief, Protecting Authors and Artists by Closing the Streaming Loophole. Here’s the introduction: Copyright protects the property rights of authors and artists through both civil and criminal remedies for infringement. While the civil remedies are commonplace, the sections of the Copyright Act that specify which forms […]

No Lemonade For Aereo’s Lemons

Over at the Volokh Conspiracy blog, Professor David Post laments “our incoherent copyright law.” His case in point: The opinion and order issued last week by District Judge Alison J. Nathan granting a preliminary injunction against Aereo.1 Professor Post claims that “the Copyright Act is an incoherent mess” since, in his opinion, Judge Nathan held […]

MP3tunes and the Ghost of Cablevision

On September 29th, District Judge William H. Pauley, III, issued his memorandum and order in Capitol Records v. MP3tunes,1 as many have reported. However, as I read the decision, I’m surprised at Judge Pauley’s holding that certain parts of Cablevision are still good law after the Supreme Court’s opinion in Aereo. Specifically, Judge Pauley distinguished […]