Policy and Government Affairs

Nancy Wolff Fields Questions from the Digital Media Licensing Association (DMLA) on Copyright & Artificial Intelligence (AI)

Having recently attended a symposium co-sponsored by the United States Copyright Office and the World Intellectual Property Organization on Copyright & Artificial Intelligence, Nancy noted that as AI infiltrates modern life, the effects on the content licensing industry, creators and copyright will be enormous. Read all about it here.

Supreme Court Determines Objective Reasonableness Should Receive Substantial Weight in Assessing Fee Awards under the Copyright Act, But Not to Exclusion of Other Factors (Kirtsaeng v. Wiley)

For the first time in twenty-two years, the U.S. Supreme Court, in an opinion issued yesterday, addressed the question of when an award of attorney’s fees is appropriate under the U.S. Copyright Act. According to the Court, the objective reasonableness of a losing party’s legal positions should be given substantial weight within a broader analysis that considers all factors relevant to granting fees.

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CDAS Client Alert: Federal Trade Secrets Law Provides Potent New Tool For Businesses In Online & Digital Media Space

Yesterday President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”), the culmination of several years of bipartisan efforts to federalize trade secret protection, placing it alongside the federal copyright, trademark, and patent statutes.  The DTSA – an extension of the Economic Espionage Act of 1996 – should be significant, generally, to businesses concerned about protecting competitively sensitive information from misappropriation by former employees, industrial spies, and foreign nationals.  It should prove particularly useful to those in the online and digital media space as an important tool in the prevention and remedying of the theft of software-based products.  The DTSA has strong support from the software industry, including from Microsoft, IBM, Adobe, Micron, and the Software Information Industry Association.  Here are three key takeaways from the passage of the DTSA:

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EU-US Safe Harbor Status

I. Introduction

In light of the decision of October 15, 2015 invalidating the US/EU Safe Harbor (the “October Decision”), there is uncertainty surrounding compliance with EU Directive 95/46 (the “Directive”), which prohibits “the transfer of personal data to a third country which does not ensure an adequate level of protection.”  Although the United States Department of Commerce (“Commerce”) continues to issue Safe Harbor certificates, those certificates can no longer be relied upon.

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What 2013 May Ring In For New Copyright Legislation

2012 was a quiet year for any new copyright legislation that could affect those engaged in the creation, production and distribution of entertainment media. With the elections behind us, this could change in 2013. The Copyright Office has indicated that it is interested in tackling several issues that were identified as office priorities in a two-year plan under the new Register of Copyrights, Maria A. Pallante, filed in October 2011. As Co-Chair of the American Bar Association Committee on Copyright Legislation, I have been following these and other legislative issues and will continue to provide updates throughout the year. Continue reading

The Role of DOJ’s Appellate Staffs in the Supreme Court and in the courts of appeals

CDAS partner Al J. Daniel, Jr. served on the Appellate Staff, Civil Division, United States Department of Justice in Washington, D.C. for a decade before moving to New York City. His litigation practice since then continues to include appellate work in courts of appeals and the Supreme Court. In his new article on SCOTUSblog, Mr. Daniel examines the role of DOJ’s Appellate Staffs in the federal government’s litigation in courts of appeals and in assisting the Solicitor General’s Office in Supreme Court litigation, including preparation of petitions for certiorari and merits and amicus briefs. Please click here to read Mr. Daniel’s article on SCOTUSblog.

Marc H. Simon Honored for his Work for The Innocence Project

CDAS partner Marc H. Simon will be honored and awarded for his work and support on behalf of The Innocence Project at its Young Professionals Committee benefit at the Bowery Hotel, on Thursday, October 25. The Innocence Project — a non-profit legal clinic affiliated with the Cardozo School of Law — is a national litigation and public policy organization dedicated to exonerating the wrongfully convicted through DNA testing and reforming the criminal justice system to prevent future injustice. Mr. Simon’s film After Innocence, which he conceived, wrote and produced, has made an indelible impact on the innocence movement and Marc has continued to champion the rights of the exonerated long after his film’s release. Click here for more details and for tickets.

Mary E. Rasenberger: Copyright Exceptions for Libraries in the Digital Age

On Friday, November 2, CDAS partner Mary E. Rasenberger will speak at the symposium Copyright Exceptions for Libraries in the Digital Age: Section 108 Reform, at the Jerome L. Greene Hall, at Columbia Law School. Presented in cooperation with the U.S. Copyright Office, the symposium will address Section 108 of the U.S. Copyright Act and mass digitalization by libraries. What explicit exceptions should libraries have? How should Section 108 be revised? To what extent should libraries be able to engage in mass digitalization of published, in-copyright works in their collections? How and to whom may digitized materials be made available? How does Section 108, fair use, and licensing piece together? Continue reading

White House Releases Framework for Consumer Data Privacy

On February 23, 2012, the White House released Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy (the “Framework”). The Framework is meant to improve consumers’ privacy protections without stifling the sort of innovation and economic growth that companies seek via the digital space. At its core, the Framework consists of four overarching elements: (i) the Consumer Privacy Bill of Rights; (ii) multi-stakeholder processes to develop enforceable codes of conduct; (iii) post-development enforcement by the FTC; and (iv) promoting international interoperability. As the Framework cannot itself be used as a basis for holding those who violate its principles accountable — there is no law stating that companies are required to adopt these policies. The developments in the coming months of enforceable codes of conduct and the adoption of such codes by companies will be especially telling of the Framework’s effectiveness.

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