Copyright Office Q&A Session About The New Online DMCA Designated Agents Directory — Franklin Graves chats with US Copyright Office attorney-adviser Jason Sloane about the Copyright Office’s recently updated DMCA Designated Agent Directory. Service providers wanting to avail themselves of the DMCA safe harbors are required to provide current contact information with the US Copyright Office.
Statutory damages in copyright law: “On forgetting how to read a statute” — An interesting deep dive into language in the 1909 Act related to statutory damages. “The ‘shall not be regarded as a penalty’ clause becomes a parade example of why scholars need to know the contemporaneous legal-intellectual milieu to read statutory terms. Legal scholars are of course aware that to be good readers of a legal text, we need to read it in its legal context. But that point is usually expressed in terms of relatively specific and discrete categories, such as ‘terms of art’ and ‘background presumptions.’ Gómez-Arostegui’s essay is a reminder of how our appreciation for legal-intellectual context should not be reduced down to those categories.”
Cox Must Pay $8 Million to Cover BMG’s Legal Fees in Piracy Case — Last year, a jury found ISP Cox liable for willful infringement and awarded music publisher BMG $25 million in damages. This week, Judge O’Grady awarded an additional $8 million in attorney’s fees to BMG. The question of whether to award damages followed the standard set by the Supreme Court several months ago in its Kirtsaeng II decision.
The song remains the same: Exceptionalists against the application of the law — Neil Turkewitz shares a recent article he penned that “highlights the problems associated with a school of internet exceptionalism that would treat the internet as largely outside the reach of laws and regulations — not by affirmative legislative decision, but by virtue of jurisdictional default.”