Ninth Circuit to Copyright Holders: DMCA Requires Fair Use Considerations

In an important decision affecting copyright owners, online hosts, and creators of user-generated content, the Ninth Circuit, on Monday, issued a bright line rule that copyright holders must consider the fair use doctrine before issuing takedown notices to remove otherwise infringing content in order to comply with the Digital Millennium Copyright Act (DMCA).  The Court’s

Inside Counsel’s Five-Part Series, “Where Former Entertainment GCs Go Next”, Provides Firm Profile of CDAS

Inside Counsel’s Senior Editor & Community Manager, Rich Steeves, published a five-part series titled “Where Former Entertainment GCs Go Next” last week, which was prominently featured on the Inside Counsel website. The series, which discussed the so called “third act” for successful general counsel, provided a comprehensive profile of CDAS and the services the firm

Appellate Victory for “The Neighbors” Photographer against Right of Privacy Claim

Arne Svenson, a New York-based fine art photographer, prevailed on an appeal before the New York Supreme Court Appellate Division, First Department, filed by plaintiffs Martha and Matthew Foster, who had unsuccessfully sought to prevent the display, promotion, or sale of certain photographs from Svenson’s popular series “The Neighbors” by invoking New York’s right of

Toto Can’t “Hold the Line”: Sony Prevails in Digital Royalty Dispute with Classic Rockers

A New York federal judge recently ruled in favor of Sony Music Entertainment (“SME”) in the latest dispute over the proper characterization of artist royalties on digital music sales, dismissing a breach of contract claim brought by rock group Toto (best known for the hits “Africa” and “Rosanna”). Ever since the Ninth Circuit’s 2010 decision

Copyright on the Wild Side

It’s been theorized that if you give a million monkeys a million typewriters, they will eventually produce the entire collected works of William Shakespeare. It’s been proven, however, that if a troupe of monkeys steals a camera, one will eventually take a really good selfie. By now you’ve probably heard this story, but just in

The Future of Video

By Simon N. Pulman Consumption of online video continues to grow at a rapid pace. Online video ad revenue is projected to reach nearly $5 billion in 2016, while premium streaming video distributors including Netflix, Hulu Plus and Yahoo are stepping up their licensing and commissioning of original content. Most industry observers believe that online

Producing Content in Emerging Markets

By Simon N. Pulman As the marketplace for entertainment content becomes increasingly global and the middle classes in the BRICS nations (i.e., Brazil, China, Russia, India and South Africa) become both larger and equipped with greater disposable income, content owners of all kinds are looking exploit their intellectual properties in international markets. As part of

Negotiating Digital Distribution Agreements

By Simon N. Pulman Digital and direct distribution options have created new opportunities for producers seeking to leverage multiple platforms to find new revenue streams and audiences for their work. While the traditional “all rights” deal will continue to exist as long as there are major distributors willing to pay a minimum guarantee and give

CDAS To Moderate Two Panels At BookExpo America This Week

CDAS Partner Kenneth N. Swezey will moderate a panel on business opportunities and funding essentials in digital publishing at BookExpo America on Wednesday, May 28th. The event description is below, while additional details can be found here.