3 Count: Second Bite

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1: Instagram Once Again Seeks Dismissal of Derivative Liability Copyright Infringement Suit

First off today, Christina Tabacco at Law Street Media reports that Instagram has hit back at an amended complaint against them saying that the second complaint doesn’t resolve any of the issues raised in the first and should be dismissed for the same reason.

The lawsuit was filed by a pair of photographers that allege Instagram enabled infringement of their photos by allowing them to be embedded on third-party websites, including major news publications. However, the court previously dismissed the lawsuit on the basis of the “server test”, which suggests an infringement did not occur because those third-party sites did not host the images themselves.

The photographers filed an amended complaint but, according to Instagram, they did not address the issue. Though the new complaint did add new discussion around the issue, that discussion is one for the Ninth Circuit Court of Appeals, since it is a legal issue. Due to this, Instagram is asking the court to dismiss the amended complaint.

2: Hong Kong to Revive Bill Bolstering Copyright Law as Minister Warns Satire, Parodies Must Toe National Security Line

Next up today, Denise Tsang and Kathleen Magramo at the South China Morning Post reports that Hong Kong is preparing to reintroduce updated copyright legislation that it claims with bring it up to speed with the rest of the world.

The new bill would create an online safe harbor system that would protect service providers so long as they work to remove allegedly infringing works after notification. The law would also increase criminal penalties for those that commit copyright infringement.

The new bill will also have explicit protections for parody, satire, education and other uses that are both considered freedom of speech or educational. However, leaders cautioned that such exemptions would be limited by national “security” regulations.

3: Meet The Songwriters Behind The Best Song On Lindsey Buckingham’s New Album

Finally today, Pamela Chelin at SPIN reports that musician Lindsey Buckingham has agreed to give retractive songwriter credit and royalties to two fellow composers after he realized a recent release was similar to a track he’d written collaboratively with the pair.

The former Fleedtwood Mach guitarist and vocalist recently released his eleventh solo album. However, one of the tracks on that album, Swan Song, was similar to a 20-year-old track named Mind’s Eye that he had written with Jordon Zadorozny and Brad Laner.

However, the entire incident appears to be a mistake, with Buckingham simply having forgotten about the original song and then building a new work based on the music and lyrics. In this case, the issue was able to be resolved in a friendly manner between the three parties.

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

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