Artists Urging Reforms of the DMCA Safe Harbor: ‘Our Culture Is At Stake’

Last month, T Bone Burnett, a legendary musician, songwriter, and record producer, submitted a five-minute video to the U.S. Copyright Office calling for reforms in the Digital Millennium Copyright Act (DMCA) takedown-and-notice process on behalf of the Content Creators Coalition (C3) members and all music creators. In the video posted on February 21, Burnett illustrates how the current business models “designed to scrape away value rather than fuel new creation, focused on taking.. Read More

Stephanie Lenz, the Dancing Baby, and the Changing Landscape of Fair Use on YouTube

Last month marked the 10-year anniversary of the day that Stephanie Lenz uploaded a twenty-nine second clip of her one-year-old dancing to YouTube. The seemingly innocent video picked up very little steam across the web—the video was similar to any other home video, perhaps with an added dose of humor. This video would soon, however, become an international phenomenon because of a music clip playing in the background. In 2007, Universal Music Group.. Read More

Trademark Litigation in the Shadow of B&B Hardware

In 2015, the Supreme Court decided a trademark dispute, B&B Hardware, Inc. v. Hargis, Indus. However, in the light of more public trademark cases, such as the Washington Redskins trademark cancelation, the decision has not received much press. In many respects, this is not terribly surprising. B&B Hardware decided a very narrow issue of trademark litigation procedure. However, the consequences will be dramatic for litigants going forward. B&B Hardware was an incredibly drawn-out.. Read More