What happens now after the German Federal Constitutional Courtâ€™s Metall-auf-Metall Decision? â€” Last May’s decision in Metall-auf-MetallÂ reversed a lower court decision finding the use of a non-licensed sample was infringing. As Martin Schaefer at Kluwer Copyright Blog explains, “theÂ use of an excerpt of copyright-protected subject matter can be recognised as a means of artistic expression and artistic design.” And “If there is a conflict between artistic freedom on the one hand and an infringement of copyright or neighbouring rights on the other â€“ an infringement which only slightly impairs the exploitation of those rights â€“ the rightholderâ€™s interest in exploiting those rights may have to give way to artistic freedom.”
Judge Upholds $25 Million Judgment Against ISP Over User Piracy â€” This week, Judge O’Grady denied Cox’s motion for judgment as a matter of law following a jury verdict that held the ISP liable for copyright infringement. Particularly instructive is O’Grady’s discussion of contributory infringement.
No, The FCC Should Not Have the Power to Cancel Contracts â€” Kristian Stout at Truth on the Market weighs in on the Copyright Office’s letter explaining the copyright implications of the FCC’s set-top box proposal. Says Stout, “The truth is that Section 106 sets out a general set of rights that inhere in rightsholders with respect to their protected works, and that commercial exploitation is merely a subset of this total bundle of rights.Â The ability to contract with other parties over these rights is also a necessary corollary of the property rights recognized in Section 106. After all, the right to exclude implies by necessity the right to include. Which is exactly what a licensing arrangement is.”
Art of the Title: Stranger Things â€” Michelle Dougherty, Creative Director at Imaginary Forces, discusses how the title sequence to Stranger Things, Netflix’s hit summer series, was created.
Can Twitter Fit Inside the Library of Congress? â€” “In 2010, the Library of Congress and Twitter announced a historic and incongruous partnership: Together, they would archive and preserve every tweet ever posted, creating a massive store of short-form thoughts…Â Six years after the announcement, the Library of Congress still hasnâ€™t launched the heralded tweet archive, and it doesnâ€™t know when it will. No engineers are permanently assigned to the project. So, for now, staff regularly dump unprocessed tweets into a serverâ€”the digital equivalent of throwing a bunch of paperclipped manuscripts into a chest and giving it a good shake.”
Veteran Photographers Say Working for Free has Rarely Paid Off â€” A number of working photographers share their thoughts on that ever-present expectation for creative professionals to provide their services for free. “There are, of course, certain jobs that a visual journalist must look at and see if taking it on for free is worth it. But overall, doing free work is generally a terrible business practice, according to NPPA board member Brad Smith.”