Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: DHS Abruptly Abandons Copyright Seizure of Hip-Hop Blog

First off today, the U.S. Department of Homeland Security (DHS) has abandoned its litigation against the hip-hop blog DaJaz1.com and has returned the site to its former owner. DHS, along with Immigrations and Customs Enforcement (ICE) seized the domain last year claiming it was infringing the copyright of various music labels by posting downloads of unreleased tracks. However, the owner of the site, known as Splash, provided emails showing that all of the tracks were provided by record labels for release. After a year-long legal battle, including many delays by the government, DHS has announced it is dropping the lawsuit and returning the domain. DaJaz1.com is currently back in Splash’s hands with a note that it will be returning soon a video protesting the Stop Online Piracy Act.

2: Alternate Anti-Piracy Bill Released; Hollywood Not Biting

Next up today, the draft legislation proposed by Sen. Wyden and other opponents of the Stop Online Piracy Act (SOPA) may have many fans but the MPAA isn’t among them. The industry group accused the draft legislation of going easy on piracy. The draft would enable copyright holders and the government to petition the International Trade Commission to order advertisers and payment processors to cease doing business with suspected sites. SOPA would give a similar power to the Department of Justice and would also open the door to ordering ISPs to block access to sites dedicated to the purpose of infringing, which has been very controversial in recent months.

3: Vobile Expands Copyright Infringement Technology

Finally today, content identification provider Vobile has announced the launch of its Cloud 9 service, which it hopes will help cyberlockers and other storage systems filter out infringing material before it is posted to their site. Best known for their VideoDNA fingerprinting technology, which is used by movie studios to track copies of their movies, Cloud 9 goes a step farther an matches content uploaded to a database for easy filtering. The service will be used by cyberlocker service Filesonic in hopes to prevent pirated content from being uploaded.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

It is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.

Since I was off most of the week on hiatus for my haunted house, I had a lot of catching up to do and it was not a slow week to do it in. We had a new piece of legislation introduced in Congress, the MPAA getting its final win over Zediva and the U.S. Copyright Office giving us a special look at what we’ll likely be talking about over the next two years of the Copyright 2.0 Show.

All of this as well as two additional updates on Righthaven and an update on New Zealand’s “Three Strikes” law.

This week’s stories include:

• Stop Online Piracy Act introduced in the House
• Movie Studios Kill Off Zediva
• U.S. Copyright Office States Its Priorities Through 2013
• U.S. Marshalls Ordered to Seize Righthaven Assets
• Righthaven Faces Another Judgment Against It
• Much, Much More!

You can download the MP3 file here (direct download). Those interested in subscribing to the show can do so via this feed.

Show Notes

About the Hosts

Jonathan Bailey

Jonathan Bailey (@plagiarismtoday) is the Webmaster and author of Plagiarism Today (Hint: You’re there now) and works as a copyright and plagiarism consultant. Though not an attorney, he has resolved over 700 cases of plagiarism involving his own work and has helped countless others protect their work and develop strategies for making their content work as hard as possible toward their goals.

Patrick O’Keefe

Patrick O’Keefe (@iFroggy) is the owner of the iFroggy Network, a network of websites covering various interests. He’s the author of the book “Managing Online Forums,” a practical guide to managing online communities and social spaces. He maintains a blog about online community management at ManagingCommunities.com and a personal blog at patrickokeefe.com.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: U.S. Copyright Czar Cozied Up to Content Industry, E-Mails Show

First off today, a Freedom of Information Act request by researcher Christopher Soghoian has unveiled that administration representatives, including the current Copyright Czar, Victoria Espinel, worked in tandem with both the entertainment industries and ISPs to broker the recent “six strikes” deal. That deal has ISPs volunteering to forward notices and possibly cut access of those accused repeatedly of copyright infringement. The involvement was widely speculated on, but the emails reveal both exactly how close the ties were and how little involvement was seen from public interest groups, such as Public Knowledge, who seem to have been brought into the discussion as an afterthought. The deal, which was struck in July, was an agreement between the nation’s largest IPSs and largest copyright holders and is not binding under law.

2: Govt Considers ‘Streamlined’ Piracy Policy

Next up today, in Australia Federal Attorney-General Robert McClelland is calling for a streamlined process for copyright holders to obtain information about potential infringers from their ISPs. McClelland wants to amend the Copyright Act to alter the safe harbor protections so that ISPs have legal motivation to provide the information under a copyright-holder pays system. The system would according to McClelland, would come with judicial oversight and legal safeguards against misuse of information. Submissions for discussion on the proposal are being accepted until November 22nd.

3: Artists Battle Over Credit for Jobs Tribute Logo

Finally today, the dispute over the Apple logo with Steve Jobs silhouette, which became very popular shortly after his death, is starting to get more interesting. At least three designers are reporting to have created the logo and, as reported earlier, one has already filed a registration with the U.S. Copyright Office over it. Though it was originally credited to Jonathan Mak, two others, Chris Thornley and Farzin Adell have also claimed to have created it (the latter being the one who registered it). However, all three seem to acknowledge that it was a likely coincidence the others came up with the same idea and there seems to be no actual animosity.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: L.A. Times Sued by David Strick Over Photo Copyright

First off today, photographer David Strick has sued the L.A. Times claiming that the paper is unlawfully using hundreds of his photos. The two sides had worked together to promote Strick’s behind-the-scenes photos of various TV and movie sets. However, the deal soured in 2010 when the Times refused to renew his contract but continued to use his existing photos. Strick, who was never a full-time employee, claims that’s a breach of the terms of his contract and has sued for copyright, claiming to still control full rights in his images. The Times claims that, by uploading the images via their CMS, Strick gave them permission to use the photos even after the deal ended.

2: Record Industry Braces for Artists’ Battles Over Song Rights

Next up today, record labels are bracing as artists who recorded their music in the late seventies begin filing for termination of their copyright agreements. Laws that took effect in 1978 enabled artists to seek termination of their contracts and return control of the copyright to themselves after 35 years. To do that, however, artists need to file for the termination two years before they wish to seek it and within five years of eligibility. That means the artists who recorded in 1978 are beginning to file terminations now for possible completion in 2013. The record labels are considering a legal battle, alleging that recordings are a work for hire, but legal scholars are dubious about those assertions.

3: Sorry, Hollywood: Piracy May Make a Comeback

Finally today, GigaOm author Janko Roettgers penned a piece to warn Hollywood that the factors are ripe for piracy to make a comeback. Between a dubious economy, price hikes on Netflix, restrictions on Hulu and other factors, he believes it to be possible that many consumers, eager to trim their entertainment budgets, may turn to piracy. The article prompted a response from the MPAA, which accused Roettgers of claiming piracy to be acceptable.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Vince Cable: Government Plans to Block Illegal Filesharing Sites Unworkable

First off today, Vince Cable, the UK’s new Business Secretary, has announced that he believes the government’s proposal to block file sharing sites will not work and plans to roll back that part of the Digital Economy Act. He also announced that he wishes to introduce legislation to remove the blocks on certain forms of private copying, most of which are already legal in the U.S. and elsewhere, and is reviewing the concept of a digital rights exchange that, he hopes, will make it easier to start up legitimate services.

2: Judge Orders Shutdown of DVD-Streaming Service Zediva

Next up today, DVD streaming service Zediva has been hit with an injunction that orders it to shut down. The service thought it had found a loophole in copyright law by streaming movies to users by using a bank of traditional DVD players and legitimately purchased DVDs. However, the judge in the case felt that Zediva was violating the movie studios’ right to “public performance” and has ordered the service to stop streaming movies. Zediva, however, plans on appealing the ruling.

3: ‘Cars’ Copyright Lawsuit Dismissed in Win for Disney

Finally today, Pixar Studios won a victory against a UK screenwriter that claimed the 2 “Cars” movies were a violation of works of his he created and submitted to various parties related to Pixar. However, in filing its summary judgement, the judge found that the screenwriter, Jake Mandeville-Anthony, had failed to establish substantial similarity between the works and that the statute of limitations had expired on the case. There is no word if Mandeville-Anthony plans on appealing the ruling.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Judge Rules “Locker” Site is Not Direct Copyright Infringer

First off today, in the lawsuit between the movie studios and the file locker service Hotfile, Hotfile has scored the first victory getting the judge to drop the studios’ charge of direct copyright infringement. However, the judge is allowing the case to go forward on the issue of secondary liability for Hotfile’s alleged hosting of infringing materials. The win is of potentially huge importance for Hotfile as direct infringement is not protected under DMCA safe harbors. However, there are still questions as to whether Hotfile qualifies for such protections due to their reward system that pays users for uploading popular files.

2: Study: Fair Use Drives Large Part of US Economy

Next up today, a report commissioned by the Computer and Communications Industry Association (CCIA) found that some 17 percent of the U.S. GDP is made from fair use, totaling $4.5 trillion in revenue in 2009, up from $3.4 trillion in 2002. The study, which was meant to show the importance of fair use exemptions, went on to warn against legislation such as PROTECT IP which, according to Colorado Democrat Jared Polis, could weaken the Internet and threaten this revenue.

3: Announcing the Winner of the Public Knowledge “Copyright School” Video Challenge!

Finally today, Public Knowledge announced its winner in its $1,000 contest to create a video in response to YouTube’s controversial “Copyright School” short. The video, which touts fair use and counter-notices aims to be the “rest” of the copyright story. YouTube’s Copyright School video, which is required viewing for members who have been the subject of takedowns, drew criticism for only briefly mentioning fair use and ignoring remixes and mashups.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Hollywood Sues Zediva for Copyright Infringement

First off today, the MPAA, on behalf of member studios, has filed suit against Silicon Valley startup Zediva, claiming that the music streaming service is violating the copyright of the movies is plays. Zediva, unlike other movie streaming services, works by having users rent DVDs and DVD players, which physically exist in Zediva’s datacenter. This means Zediva legally purchases DVDs to stream and only one person is viewing a DVD at a time. According to Zediva, since no copies are being made, they are allowed to stream in this matter, no different than DVD rental service, but the MPAA claims that Zediva is an infringement and an unlawful public performance of their work.

2: Joel Tenebaum File-Sharing Case Heard at Court of Appeal

Next up today Joel Tenebaum, who was sued in 2005 for file sharing and was found liable in a district court, has had his cases heard before the 1st Circuit Court of Appeals. At issue is the amount of damages Tenebaum should be forced to pay for his admitted file sharing, the lower court deciding he should pay $67,500. The judges on the panel asked tough questions of both sides, including getting concessions from the defendants that statutory damages are not unconstitutional on their own and asking the plaintiffs why Tenebaum should be held liable for the sharing activities of others. A decision in the case is not expected for many months.

3: EU’s New Copyright Leader Doesn’t Believe Private Copying Should Exist

Finally today, the European Union recently confirmed Maria Martin-Prat will be taking over the intellectual property unit at the EU. Martin-Prat most recently was working for the International Federation of the Phonographic Industry (IFPI), where she was in charge of the legal department. During her time there, she made many controversial arguments, including eliminating or strictly limiting personal copying exemptions, making her appointment one of contention for many, especially as she will be in charge of crucial treaty negotiations, including ACTA.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

However, this vigil at times has been a painful one. It can be hard to watch industries you know and love ignore good advice and continue to repeat the same mistakes over and over again.

To be fair, I’m by no means an industry insider and I’m not looking at the same numbers they are. It could be that, if given the same information they have, I might make the same decision. However, I think that’s unlikely, at least in most of these cases.

The reason is that the outcomes of these missteps have been pretty obvious, even to the layperson. In fact, many of the blunders have been harped on so much that they hardly seem worth repeating.

Yet, the blunders continue and there doesn’t seem to be any stopping it. Instead, smaller copyright holders have to watch in horror as big copyright trips over obvious and hidden pitfalls alike, hurting the rest of us along the way.

With that in mind, here are just five of the more common mistakes I see the big copyright holders make and what I would suggest be done about them.

1. Ignoring Licensing

If you pick up a CD, DVD or book, you’ll only see one copyright “license”, all rights reserved. Yet, if you surf around the Web, especially on sites like YouTube, you see a lot of very imaginative uses of copyrighted content. Much of it is likely a fair use, but much of it isn’t and copyright holders could stop it if they were so motivated.

But, they aren’t and, rather than giving permission for such reuses, they enforce their copyright in piecemeal, erratic ways. This creates an atmosphere of confusion and one where uses of a work are not treated equally. Both sides would benefit from a clear guide on these issues, but rightsholders don’t want to give up any rights at all, even temporarily, as they fear creating bigger problems.

There are ways around this, such as a terms of use that could even be put on the copyright holder’s site, but they aren’t being explored for fear encouraging and enabling piracy and other infringement.

2. Ineffective Enforcement

I see copyright holders spend thousands or millions of dollars going after “pirate havens” in an attempt to close them. Meanwhile, illegal downloads on cyberlocker and other sites rest at the top of legitimate Google search results and could be easily removed with nothing more than a DMCA notice.

Targeting pirate sites is well and good, but you won’t convince hardcore pirates to become legitimate customers that way nor will you prevent potential customers from stumbling across illegal copies. You can stop more piracy for less money and with fewer headaches by targeting where and how you enforce your copyright.

3. Reliance on DRM

This one is, fortunately, on the wane but it remains a problem in certain industries.

There is a belief among some that DRM can and will save the copyright industries but every piece of evidence to date has shown that DRM is, at best, a speed bump to potential pirates. Sometimes that delay can be important, especially if it buys time before and right after a big release, but DRM creates problems once the work has been unshackled from its protection.

The reason is that, in a market where there are non-DRM copies available for free illegally, DRM becomes a punishment for paying customers and a solid reason NOT to buy a work legally. Furthermore, DRM can’t differentiate between illegal activity and legal (and even desirable) copying, creating further problems.

I suspect the real reason for continuing to use DRM has less to do with stopping piracy and more to do with the legal levers the DMCA gives copyright holders against those who break DRM.

4. Misguided Lawsuits

The RIAA announced in late 2008 that it was ceasing its campaign of mass litigation. That should have been a clue that such litigation campaigns were misguided. However, instead of being the end of en masse copyright lawsuits, it was just the beginning. With several lawfirms leading the charge.

These lawsuits come with a slew of problems. Legally, there are issues of jurisdiction and enjoinder, financially, they demand settlements that are seen as being “extortion” and politically they make people very hostile toward copyright and copyright holders.

Possibly the biggest problem is that, with so many cases being filed they are poorly represented and this, in turn, leads to bad judgments, such as with the recent Righthaven ruling.

The mass copyright lawsuits must stop but yet many copyright holders press on.

5. Ignoring Other Factors

Finally, while many, if not most, will agree that piracy is not a good thing for the various content industries, it’s far from the only factor that is harming them right now.

For example, while the record industry’s decline is well-known, is piracy to blame or does the shift from album to single-track sales play a role? What about other, competing forms of entertainment?

Likewise, with the movie industry’s sliding DVD sales, is it because of piracy or does the influence of Redbox/Netflix play a role? Once again, what of competing forms of entertainment, such as the prevalence of free, legal online video?

Many copyright industries want to put all of the blame on piracy when the Internet has changed their businesses in a slew of other ways as well.

Bottom LIne

Large copyright holders make these mistakes because they lumbering giants with old money, old business models and fresh memories of decades gone by. Change is slow and tough when you have so many hands involved in the decision making process and so many people that have to approve every minor change.

Turning this ship is akin to turning a battleship. It won’t turn on a dime, but rather, will change directions a little bit at a time, so slowly those on board may not realize that it is happening.

That being said, smaller copyright holders don’t have these problems. Whether they are individual artists, smaller labels/publishers/studios, etc. they have a flexibility that lets them respond and experiment.

But as great as that power is, the climate they will be operating in, likely for a very long time, will be governed in large part by the larger copyright holders. This means that, while smaller artists can chart their own course, the larger ones will be determining which way the winds actually blow.

It is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.

It was a busy week for copyright news with a potentially major lawsuit being filed against the cyberlocker site Hotfile, impending new copyright legislation in the U.S. and a conclusion to one of the more controversial cases in recent memory. However, it’s not all business this episode as Patrick and I make time to talk about advertising, in particular Super Bowl ads, and a bit about Mardi Gras costumes as well (though that was actually copyright-related).

This week’s stories include:

• MPAA Sues Hotfile for Copyright Infringement
• White House Promises New Copyright Legislation
• Ofcom Sets Deadline for New 3 Strikes Rules in the UK
• ACS:Law Forced to Fight On
• Balloon Dog Case is Settled
• And Much More!

You can download the MP3 file here (direct download). Those interested in subscribing to the show can do so via this feed.

Show Notes

About the Hosts

Jonathan Bailey

Jonathan Bailey (@plagiarismtoday) is the Webmaster and author of Plagiarism Today (Hint: You’re there now) and works as a copyright and plagiarism consultant. Though not an attorney, he has resolved over 700 cases of plagiarism involving his own work and has helped countless others protect their work and develop strategies for making their content work as hard as possible toward their goals.

Patrick O’Keefe

Patrick O’Keefe (@iFroggy) is the owner of the iFroggy Network, a network of websites covering various interests. He’s the author of the book “Managing Online Forums,” a practical guide to managing online communities and social spaces. He maintains a blog about online community management at ManagingCommunities.com and a personal blog at patrickokeefe.com.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: MPAA Snags Google Downloading Torrents, Threatens to Disconnect

First off today, the MPAA has sent a series of notices to Google over alleged copyright violations taking place over the Google network. Though the bulk of the violations deal with movies being downloaded or viewed illegally over freely provided Google hotspots, at least some of the notices seem to target employees at Google’s headquarters and the language of the notices, which is likely stock, seems to hint that Google could lose its Internet access if it continues. The MPAA went on to suggest that Google implement steps to prevent further infringement and promote legal choices.

2: Marvel Dodges Bullet As $1 Billion Lawsuit Over Stan Lee Company Is Dismissed

Next up today, Marvel Comics has emerged victorious in its case against Stan Lee Media Inc. (SLMI) that saw the two lock horns over the rights to various Stan Lee creations including Iron Man, the X-Men and the Fantastic Four. Stan Lee, who is separate from SLMI, reached a settlement with Marvel some time ago to let Marvel retain rights to those characters but shareholders at SLMI objected and sued Marvel, saying those rights were taken from them. However, the judge in the case has dismissed SLMI’s current motion, saying it was improper. However, given how many times this case has come back to life, it seems likely to make yet another return.

3: Walmart Charges Anti-Walmart Site With Copyright Violation

Finally today, reports indicate that Walmart has filed a copyright complaint with Domains By Proxy against askwalmart.com, an anti-walmart site that opposes the chain’s planned expansion into New York City, saying the site goes too far with its similarities and pushes into copyright infringement. If Walmart gets its way, the site would redirect to the chain’s official site. As of this writing, no such change has been made.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.