Digital HHR

Digital HHR

on the cutting edge of convergence

Category Archives: Fair Use

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Supreme Court Extends “First Sale” Doctrine to Overseas Goods

Posted in Copyright, Fair Use
Last November, we discussed two separate cases regarding copyright law’s “first sale doctrine” and how their decisions could affect the future of content creation and distribution. Section 106 of the Copyright Act grants copyright holders the exclusive right to distribute copies of their works, but Section 109 allows the owner of a copy of a… Continue Reading

Supreme Court OKs Cablevision’s “Remote” DVR

Posted in Cloud, Copyright, Fair Use
Cablevision can move forward with its plans to move its digital video recording service into the cloud, thanks to the Supreme Court’s refusal to hear the broadcast industry’s appeal of a decision granting summary judgment in favor of Cablevision. While consumer DVRs have been used for years, Cablevision sought to launch a service for the… Continue Reading

In-Game Placement: Guns, Guitars and Gadgets: Think Again Before You Depict Something You Don’t Own or License in Your Video Game

Posted in Advertising, Copyright, Fair Use, Gaming, Privacy, Technology
If you are designing or developing a video game that depicts this planet or any other fictional world, then you need a pair of trained legal eyes to review the people, places, products and things that will be featured in the game. Go it alone, and you are traveling down a windy road that intersects… Continue Reading

Note to Digital Content Owners: Time to Master Fair Use

Posted in Copyright, Fair Use, Music, Technology, Video
One copyright case that owners and licensors of digital content should be following closely in the coming months is the one brought against Universal Music Group by Stephanie Lenz, a Pennsylvania mom who posted a video on YouTube of her young son on a tricycle with Prince’s “Let’s Go Crazy” playing in the background. Universal… Continue Reading

Happy 10th Birthday, DMCA

Posted in Fair Use, Music
The Digital Millennium Copyright Act celebrated its 10th anniversary this week.  That milestone provides us with an excuse to take a brief look at the statute and some ways it has affected the digital marketplace. The DMCA was initially intended as the US implementation of two treaties adopted by the World Intellectual Property Organization (WIPO)… Continue Reading

Google Settles E-Library Class Action

Posted in Copyright, Fair Use, Press/Publications, Technology
In my post dated August 26th, 2008, I discussed the potential encroachment upon the established doctrine of fair use as it relates to evaluating, on a case-by-case basis, the digital use and publication of copyrighted works. The recent news about the settlement agreement reached between Google, the Authors Guild and the Association of American Publishers… Continue Reading