In a blow to record companies — and a win for Internet service providers, the 2nd U.S. Circuit Court of Appeals in New York yesterday ruled that Vimeo cannot be held liable for copyright infringement if the video-sharing site unknowingly hosts older music that was uploaded by users. In addition, the court ruled that it is not enough to prove Vimeo ignored infringement if company employees had watched videos containing copyrighted sound recordings. The case, which centered on the Digital Millennium Copyright Act (DMCA), was being watched closely by Silicon Valley. Continue reading Appeals Court Rules for Vimeo in Copyright Infringement Case

Twitter chief exec Jack Dorsey confirmed that his company invested about $70 million in streaming music service SoundCloud through Twitter Ventures earlier this year. SoundCloud is a popular online outlet for new music and “a favorite of musicians and fans, attracting what it says are 175 million users worldwide,” reports The New York Times. The site struggled earlier with copyright issues, but has since signed licensing deals with publishers and record companies. In March, SoundCloud debuted “subscription service SoundCloud Go, making a catalog of more than 125 million songs available to people at $10 a month, with a free version supported by advertising,” notes NYT. Continue reading Twitter Reaches Out to Music Fans with its SoundCloud Deal

In the latest battle between musicians and streaming outlets, the music industry has united to fight YouTube for higher royalties. Katy Perry, Pharrell Williams and Billy Joel signed letters requesting changes to copyright laws; high-profile manager Irving Azoff criticized YouTube in an interview and a Grammy Awards speech. Recently released annual sales statistics buttress the musicians’ point of view: statistics show that, despite huge audiences, YouTube pays less direct income to musicians than vinyl record sales. Continue reading Artists, RIAA Target YouTube in Latest Round of Royalty War

Yesterday, a jury ruled in favor of Google in its dispute with Oracle over software used to power smartphones. Oracle was seeking $9 billion in its claim that Google used copyrighted material in its software code for the company’s Android mobile operating system. Android uses open-source Java, which Oracle acquired when it purchased Sun Microsystems in 2010. Google argued that it made fair use of the code. According to The New York Times, “The victory for Google cheered other software developers, who operate much the way Google did when it comes to so-called open-source software… The courtroom fight was something of a watershed for technology and could offer clarity on legal rules surrounding open-source technology.” Continue reading Jury Sides with Google in Oracle Copyright Case Over Software

Movie studios that use Facebook to promote upcoming films — such as “Batman v Superman: Dawn of Justice,” which has 4.4 million likes on its Facebook movie page — have discovered a potent downside to the extra publicity. Pirates post links to copyright-infringing streams; spam includes chain letters, pornography, phishing, malware and hate speech. Illegal sites are harvesting personal data and running money scams and now targeting publications with embedded Facebook comments, including BuzzFeed, ESPN and Huffington Post. Continue reading Pre-Release Piracy Grows Across Facebook and Publications

Video has skyrocketed on Facebook to 8 billion views a day, and now the social media giant is also bombarded with takedown requests from video content creators. They’re complaining about “freebooting,” which is when clips are taken from YouTube, where creators make money from advertising, and re-loaded without permission on Facebook, where they’re not making a dime. Although Facebook is working on new rights-management software, creators say the current copyright infringement is negatively impacting their income. Continue reading Video Creators Complain of ‘Freebooting’ Trend on Facebook

As revenue from streaming rose 29 percent last year, artists and the recording industry are renewing their effort to get the U.S. Copyright Office to take a second look at the “safe harbor provisions” of the 1998 Digital Millennium Copyright Act. They say that places the onus on policing copyright infringement on them, protecting services such as YouTube where copyrighted material is uploaded without permission. Katy Perry, Billy Joel and Rod Stewart are among the artists who have put a public face on the debate. Continue reading Artists Say ‘Safe Harbor’ is a Shield for Copyright Infringement

In the first 12 weeks this year, Google received takedown requests for 213 million links, representing a 125 percent increase over the same period in 2015, to remove copyright infringing sites, as per the Digital Millennium Copyright Act. The spike does not represent a dramatic increase in piracy but, rather, new automated tools for finding copyright violators as well as more copyright holders actively looking for infringers. The MPAA and Recording Industry Association of America say it’s proof that the DMCA isn’t working. Continue reading Spike in Takedown Requests Questions Effectiveness of DMCA

Spotify and the National Music Publishers’ Association settled a long-standing licensing dispute, although neither will reveal details. Sources say Spotify will pay between $16 million to $25 million in royalties that are owed but unpaid, as well as a $5 million penalty. In exchange, the publishers will not file copyright infringement claims. The suit hinges on a rule governing mechanical licensing rights that dates back to player-piano rolls. In the digital world, the rule is just one that’s made legal licensing complex. Continue reading Spotify, Music Publishers Settle Mechanical Licensing Dispute

French startup MovieSwap has a new way for users who own DVDs to stream and swap them online. The company, which has a 200,000+ library of DVDs, says subscribers who own DVDs can send in their physical DVD collection and then stream them online, “swap” movies with other users, or pay to receive DVDs that they add to their digital collections. MovieSwap is not alone in creating models that skirt Hollywood studios’ copyright infringement laws, but so far the trade group that represents Hollywood studios, MPAA, has no comment. Continue reading MovieSwap, VidAngel Claim DVD Streaming Services Are Legal

Popcorn Time is back. The fork most closely associated with the version shut down by the MPAA last year is now promising “resilience-driven development” based on the development of the relatively new and legal Project Butter. In October 2015, the most popular Popcorn Time fork shuttered its website after the MPAA filed a lawsuit against developers in Canada. While the MPAA’s threats created a domino effect that stopped several contributors from working on the platform, outdated versions of PopcornTime.io software began receiving updates this month. Continue reading BitTorrent Program Popcorn Time Returns After 2015 Shutdown

In another annual HPA Tech Retreat panel, Jim Burger, a copyright attorney with Thompson Coburn in Washington, D.C. gave his “Washington Update.” “We’re talking about Congress and the Silly Season, and it’s crazy,” said Burger, who said he would touch on intellectual property litigation on the copyright side; the FCC and communications; net neutrality; and unlocking the set-top box among other topics. Burger noted that the House Judiciary Committee has held over 20 copyright hearings this year. Continue reading HPA Tech Retreat: Washington Update During This ‘Silly Season’

The Motion Picture Association of America just signed a pact with Donuts, the largest operator of new domain-name extensions, to cooperate against large-scale piracy. Under the terms of the agreement, the MPAA will first attempt to contact the third-party registrar/hosting provider for resolution. If that fails, and Donuts has “clear evidence of pervasive copyright infringement,” the company will put the domain on hold or suspend it. Among Donuts’ domain-name extensions are .movie and .theater. Continue reading MPAA and Donuts Ink Pact to Thwart Large-Scale Movie Piracy

The Fine Brothers will not be expanding their empire of “React” videos after all, at least not at the expense of fan content creators. The popular comedy duo is reversing its plans to grant licensing to YouTube creators making their own “React” videos after their channel lost 300,000 subscribers in less than a week. Many fans resented the idea of the Fine Brothers’ ownership of an entire genre of videos that has existed long before the brothers’ popular YouTube channel. Continue reading YouTube’s Fine Brothers Abandon Plans for ‘React’ Licensing

When a panel of federal judges increased the royalty rates that free Internet radio services pay, there were winners and losers. The rate for pure-play Internet services rose to 17 cents from 14 cents, disappointing SoundExchange, the non-profit licensing agency representing record companies, which had asked for 25 cents. The Copyright Royalty Board also evened the playing field between pure-play and broadcasters with Web streams such as iHeartRadio, with the latter owing less — 22 cents rather than 25 cents — for their paid subscriptions. Continue reading Federal Ruling Updates Royalty Rates for Streaming Music