ALI Restatement of Copyright – A Conversation with Professors Balganesh and Menell — David Newhoff sits down with the two scholars to discuss their criticism of the American Law Institute’s ongoing Restatement of Copyright project, which, in their views, fails to fully grasp the pitfalls of applying an approach designed for areas of law governed by common law to one governed by a comprehensive federal statute.
Will Posting Memes Or Pro Wedding Pics Land You In Copyright Small Claims Court? — “The alleged infringer can opt out by going online and checking a box, says Keith Kupferschmid, likening the process to getting a warning for a speeding ticket — raising awareness, maybe putting a little fear of God into copyright violators. ‘It’s not about hauling people into court and getting them to pay these fines,’ he says. ‘It’s about negotiating the settlement so the person actually licenses the work the way they should’ve.'”
YouTube can now warn creators about copyright issues before videos are posted — “Prior to Checks, creators uploaded their videos to YouTube and hoped everything went off without a hitch. The new feature screens uploads for copyrighted content, which could lead to takedowns or copyright holders claiming ad revenue, and whether the video runs afoul of advertising guideline issues. YouTube’s goal is to effectively cut down on the amount of ‘yellow icons’ creators see next to their video, referring to the yellow dollar signs that suggest ad revenue is being held because of copyright or guideline problems.”
Study on Dynamic Blocking Injunctions in the EU — A new report from the EU Intellectual Property Office catalogs the availability of site blocking remedies for copyright owners in the EU and its member states, along with their scope, technical implementation, and their effectiveness in reducing infringement.
“Framing” the right of communication to the public: the CJEU’s decision on the VG Kunst case — An analysis of the recent CJEU decision that further fleshes out the infringement analysis when it comes to different types of linking and embedding of copyrighted works.