Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo

Cross-posted from the Center for the Protection of Intellectual Property (CPIP) blog. The Second Circuit’s recent opinion in Capitol Records v. Vimeo is, to put it mildly, pretty bad. From its convoluted reasoning that copyrights under state law for pre-1972 sound recordings are limited by the DMCA safe harbors, despite the explicit statement in Section […]

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 […]

Endless Whack-A-Mole: Why Notice-and-Staydown Just Makes Sense

Cross-posted from the Center for the Protection of Intellectual Property (CPIP) Blog. Producer Richard Gladstein knows all about piracy. As he recently wrote for The Hollywood Reporter, his latest film, The Hateful Eight, was “viewed illegally in excess of 1.3 million times since its initial theatrical release on Christmas Day.” Gladstein is not shy about […]