12/15/2010

Webcaster royalties; copyright and free speech; Supreme Court on copyright 2010

  • The Copyright Royalty Board has determined the royalty rates to be paid from 2011 through 2015 by webcasters (who haven't signed a voluntary agreement under the Webcaster Settlement Act). David Oxenford explains the rates, with admirable clarity, at Davis Wright Tremaine's Broadcast Law Blog.
  • When most people think about Copyright's relationship with the First Amendment, they think about the free speech rights of those who use copyrighted works without permission. Terry Hart looks at the flip side in a Copyhype post titled "The Chilling Effect of Copyright Infringement." His well-made point: infringement has a chilling effect on the free speech rights of copyright owners, and that "Favoring one group’s free speech interests [those of users] over another’s [copyright owners] runs counter to the values enshrined in the first amendment and the copyright clause."
  • Brad Newberg, of Reed Smith, posted an excellent review of the Supreme Court's copyright activitity, and inactivity, this year. In a guest commentary in The Legal Post titled "The Supreme Court Left Most Copyright Litigants Wanting in 2010," he covers: the Court's denial of cert in Harper v. Marverick Recording and Bryant v. Media Right Productions; its avoidence of the registration-vs-application issue in Reed Elsevier v. Muchnick; and its 4-4 split in Costco v. Omega.