By , August 06, 2021.

Manhattan judge rejects ‘server test’ for internet copyright infringement — “In Friday’s opinion, Rakoff said the server rule is ‘contrary to the text and legislative history of the Copyright Act,’ which ‘defines “to display” as “to show a copy of” a work, not “to make and then show a copy of the copyrighted work.”‘ Rakoff said that under the test, ‘a photographer who promotes his work on Instagram or a filmmaker who posts her short film on YouTube surrenders control over how, when, and by whom their work is subsequently shown — reducing the display right, effectively, to the limited right of first publication that the [Act] rejects.'” Read the opinion here.

YouTube Rippers Shut Down in US & UK After Giving Up Legal Fight — “YouTube rippers and have closed their doors to visitors from the US and UK. The services are ‘permanently unavailable’ according to a message posted on the sites. This drastic decision follows shortly after their operator backed out of the legal battle against several record labels, which now hope to get a default judgment in US court.”

[Podcast] Formalities in U.S. Copyright with Steven Tepp — A delighfully wonky look at copyright formalities—notice, registration, and deposit—with copyright expert Tepp. The only downside with this podcast is that it was recorded just days before the D.C. District Court issued a decision in Valancourt Books v. Perlmutter, rejecting a Constitutional challenge to the Copyright Act’s mandatory deposit requirement, so we missed out on a discussion of that case.

In Copyright Case, Judge Evaluates Use of 9/11 Footage in 16 Films — Eriq Gardner breaks down a hefty Southern District of New York decision concerning the fair use of copyrighted clips by multiple film producers. Gardner notes, “What makes this 88-page summary judgment opinion especially fascinating is how the judge, when evaluating both famous films and obscure ones, comes to differing conclusions.”

British authors warn of a potential devastating impact on the publishing sector if the UK changes its exhaustion regime — Emmanuel Legrand reports, “The letter was signed by such authors as Kazuo Ishiguro, Carol Ann Duffy, Hilary Mantel, Sara Sheridan, and Philip Pullman, among others. The letter reads: ‘UK currently has strong copyright laws which enable creators to be fairly compensated for their work and the UK to export more books than any other country in the world. Weakening the UK’s copyright laws would impair our ability to earn an income which would have a devastating impact on this country’s vibrant, world-renowned book industry. If writing becomes a profession only accessible to the wealthy, important stories will not be told.'”