As blockchain projects diversify into sales marketplaces for creative works, many find themselves dealing with copyright problems due to uncertainty as to how existing law applies to things like NFTs (non-fungible tokens) and DAOs (decentralized autonomous organizations). For instance, while purchase of an NFT confers certain rights, copyright isn’t one of them, unless the buyer applies for a standard copyright license. Spice DAO spent $3 million to purchase director Alejandro Jodorowsky’s 1970s illustrated pitch for an unfilmed version of “Dune,” only to have the “Dune” copyright holder block the ability to turn the storyboards into an animated film. Continue reading IP Protection for NFTs and Blockchain Assets Is Still Unclear

YouTube is amplifying shopping features, adding an effect that lets creators use other backgrounds for shorts and offers a new monetization opportunity through gifting subscriptions. YouTube teased upcoming features that it claimed would make it easier for viewers to discover and buy from brands. At its Brandcast event in New York City, the Google unit touted new ways to engage shoppers, users and advertisers. One new feature allows two creators to simultaneously go live and co-host a single shopping stream, the idea being to double the audience for such events by drawing the fanbase of both creators. Continue reading YouTube Adds ‘Green Screen,’ Most-Played, Gifting Features

YouTube is beginning a phased rollout for a new YouTube Shorts feature that, much like TikTok Stitches, allows users to remix videos using content created by others. The new feature will automatically opt-in videos across the platform, with IP owners able to opt-out if they don’t want their content used in remixes, the company says, explaining that it will function as a discovery feature. “Any time a Short is created from your own channel’s content, it will be attributed back to your original video with a link in the Shorts player,” notes YouTube. Continue reading Audio Remix Function Expanded to Video for YouTube Shorts

Senators Thom Tillis (R-North Carolina) and Patrick Leahy (D-Vermont) introduced the SMART Copyright Act of 2022, bipartisan legislation they say will “hold tech accountable by developing effective, widely-available measures to combat copyright theft.” While intellectual property owners see the proposal as a positive step to protect creators, critics view it as a potential threat to free speech. Essentially an update to 1998’s Digital Millennium Copyright Act, SMART allows the U.S. Copyright Office to create standard technical measures (STMs) to protect rightsholders through a filtering system implemented by online hosting platforms. Continue reading SMART Copyright Act Updates DMCA in Fight Against Piracy

Nearly $30 billion was spent on NFTs last year, according to analytics firm Chainalysis, and one of the companies that’s benefitted from the boom is OpenSea. The firm has a $13 billion valuation thanks to its well-timed entry into the hot new sector, becoming one of the biggest NFT marketplaces in the world. With success has come headaches, as scam artists began to target NFTs and the people who buy and sell them. Now the four-year-old New York firm and other marketplaces are struggling to find a balance between boomtown and lockdown. Continue reading Cybercriminals Target NFTs on OpenSea, Other Marketplaces

VPN Unlimited has agreed to block BitTorrent traffic via sites such as The Pirate Bay as well as access to online pirate services on U.S. servers. The move is part of a settlement in a federal lawsuit brought by a consortium of independent film production companies. The complaint alleges that VPN Unlimited’s subsidiary KeepSolid Inc. has perpetuated widespread copyright infringement. BitTorrent sites YTS and RARBG are also targeted in the settlement. By failing to disconnect repeat offenders, VPN and KeepSolid are accused of encouraging copyright infringement. Continue reading VPN Unlimited Settles with U.S. Filmmakers in BitTorrent Suit

Non-fungible tokens (NFTs), digital assets stored on the blockchain, hit $10.7 billion in trading volume during the third quarter. It’s a serious pot of money and Hollywood wants a piece. Quentin Tarantino’s efforts to sell NFTs associated with his 1994 feature “Pulp Fiction” and Miramax’s lawsuit to prevent him from doing so without its own financial participation could prove seminal. While studios have undoubtedly begun adding “NFT” to contracts in express terms, the rulings as this first-in-class lawsuit wends its way through the courts will impact NFT rights for all previously made films. Continue reading Miramax’s Tarantino Lawsuit Forges a Path for Industry NFTs

Locast, a non-profit organization founded by lawyer and former FCC legal advisor David Goodfriend, streamed local TV to those who couldn’t access local signals, declaring that U.S. copyright law allows third parties to boost local signals. Major broadcasters ABC, CBS, NBC and FOX disputed that claim, believing that Locast simply wanted to avoid carriage fees, and have now won a court battle finding that Locast violated their copyrights. The court also stated that Locast cannot use its non-profit status as a defense against further action. Continue reading Major TV Broadcasters Prevail in Court Case Against Locast

Netflix now blocks residential IP addresses in its efforts to stymie VPN and proxy users from bypassing geographical restrictions. But some ordinary Internet users without a VPN have been impacted and now report “missing content” on Netflix. When Netflix began this crackdown six years ago, it was in response to copyright holders complaining about piracy. But the ban hit a lot of legitimate VPN users and VPN pirates found other ways to get around geographic blocking including using residential IP addresses as proxies. Continue reading Netflix Blocks Home IP Addresses in Geo-Fencing Crackdown

Margrethe Vestager, executive vice president of the European Commission for A Europe Fit for the Digital Age, is calling for greater global alignment on tech regulation, noting “we do not have a global competition enforcer, but we have global companies.” Vestager added she was “really encouraged” by the Biden administration’s efforts to take similar actions in the U.S. with the 72 actions listed in his recent executive order that focused on Big Tech’s collection of data, surveillance practices and acquisitions of startups. Continue reading EU’s Vestager Calls for Aligned Global Regulation of Big Tech

In a 6-2 ruling, the U.S. Supreme Court took Google’s side in a copyright battle with Oracle over the former’s use of Java APIs in its Android operating system. Oracle, which had purchased Java in 2010 when it bought Sun Microsystems, sought billions of dollars in damages for what it claimed was copyright infringement. Google argued that free access to the Java software interfaces was important to innovation. Writing for the majority, Justice Stephen Breyer said that Google made “fair use” of the Java code. Continue reading Supreme Court: Google Engaged in Fair Use of Java Code

Twitch evolved from a video-game streaming site to include creative content and, in 2018, music. During COVID-19, many DJs have been using Twitch as a way to keep their local music scene alive. In Minneapolis, for example, Dave Eckblad produces the Twitch stream for music collective Intellephunk, including live events that engage fans and draw in tips. StreamElements reports that, over the course of one year, the number of hours users spend streaming music and performing arts skyrocketed from 3.6 million to 17.6 million. However, complying with copyright regulation may have an impact on this trend. Continue reading DJs Facing DMCA Takedowns on Twitch Look for Alternatives

As the Australian law requiring Google and Facebook to pay publishers for content nears passage, news publishers in the European Union are urging legislators to copy that law. The European Publishers Council supports the Digital Markets Act (DMA) to be included in legislation, forcing binding arbitration if the two parties can’t agree on payments. In the U.S., Congress members intend to introduce legislation to make it easier for smaller news organizations to negotiate with Facebook, Google and other Big Tech platforms. Continue reading Europe Echoes Australia’s Call for Big Tech to Pay Publishers

The Motion Picture Association submitted comments to the U.S. Trade Representative stating that VPNs, DNS masks and Tor networks can be a direct threat to legitimate streaming services. MPAA membership has been limited to top Hollywood studios such as Disney and Warner Bros. but that changed last year when Netflix joined. The mission, however, remains the same, which is to deter global piracy. The association goes after copyright infringers, be they site owners or app developers, and is also involved in lobbying. Continue reading MPAA Reports on Threat of Geolocation Piracy to Streaming

In response to learning that listeners want to discover and save music in their favorite podcasts, Spotify is debuting “Original Shows,” a new spoken word format that combines music with particular themes featuring a monologue or conversation with guests. But, unlike a typical podcast, each song inside an Original Show will redirect the listener to that artist’s Spotify official audio files. That means the artist will make the same money as if a listener sought out his or her music. Listeners can also like and save a song while they’re listening to it. Continue reading Music Is the Focus in Spotify’s New ‘Original Shows’ Format