Issues - Copyright

The Harry Potter Lexicon Goes to Court
(March 8, 2008) - J.K. Rowling claims copyright infringement while the Lexicon publisher argues fair use. A federal judge will soon decide.

The Rest is Noise
(December 22, 2007) -Alex Ross's much-admired new book raises tantalizing questions about music, politics, and censorship (and fair use).

Do You Own What is Yours? The Case of Promotional CDs
(December 21, 2007) - UMG's suit against an eBay entrepreneur who sells promo CDs raises serious questions about whether companies can eliminate the "first sale" rule by branding gifts as "licenses."

Fair Use and Media Literacy Education
(November 9, 2007) - A new report critiques heavyhanded copyright interpretations and calls for fair use "best practices" in media education.

Can Music Companies Circumvent the "First Sale" Rule?
(October 8, 2007) - A music company is suing to stop an eBay entrepreneur from selling "promo CDs" - even though the first sale rule prevents copyright owners from restricting the future distribution of their works.

Intellectual Property and Free Speech in the Online World
(January 2007) - A new report from the Fair Use Network surveys how online service providers are coping with cease and desist letters and takedown notices.

"Reclaiming the First Amendment"
(Jan. 22, 2007) - A conference sponsored by the Brennan Center and Hofstra Law School explored the viability of a "right of access" along with other reforms that might help democratize the mass media.

The Perils of Filtering in a post-Grokster World
(November 3, 2006) - On remand from the Supreme Court's decision condemning file-sharing networks, a judge dangerously relies on overbroad copyright filters.

You Can Play Fantasy Baseball, But Can You Google It?
(August 16, 2006) - Two current "intellectual property" disputes threaten our favorite sit-down sports.

Movie Censors Are Also Copyright Infringers
(July 11, 2006) - A federal court has ruled against the fair use arguments of CleanFlicks and fellow sanitizers.

The Joyce Saga: Literary Heirs & Copyright Abuse
(June 15, 2006) - A new lawsuit challenges Stephen Joyce's efforts to control what is said about the Joyce family and the literary works of his famous grandfather.

The Fair Use Network
(March 2006) - Following up on the report, Will Fair Use Survive?, the Fair Use Network is developing new resources to help artists, scholars, activists, and others understand and defend their rights to fair use and free expression.

A Big Step on "Orphan Works"
(February 9, 2006) - The U.S. Copyright Office is recommending new legislation to encourage distribution and use of works often hidden from public view.

Will Fair Use Survive? Free Expression in the Age of Copyright Control
(December 2005) - The product of more than a year of research - including many firsthand stories from artists, scholars, bloggers, and others - Will Fair Use Survive? paints a striking picture of an intellectual property system that is perilously out of balance.

Two Defeats - and a Silver Lining
(June 28, 2005) - The Supreme Court's Grokster and Brand X decisions may be disappointing, but file-sharing technology survives, and the campaign for media democracy goes on.

A Tone-Deaf Approach to Music Sampling
(June 3, 2005) - The 6th Circuit Court of Appeals has again ruled that the "de minimis" rule doesn't apply to sound recordings.

Sanitizing Movies
(April 19, 2005) - The "Family Movie Act" (which was passed into law shortly after this testimony was given) singles out filmmakers for lesser copyright protection in order to encourage the movie-censoring industry.

Understanding Grokster
(March 28, 2005) - The Supreme Court hears argument on March 29 in the hottest case of its term - the entertainment industry's suit to stop peer-to-peer technology. What are the legal issues, and the stakes for online communication?

How "Cease and Desist" Letters Affect Fair Use
(February 2, 2005) - Part II of FEPP's continuing research study reports on telephone interviews with the "Piggy Bank of America" Web site owner and others who received cease and desist letters from copyright and trademark owners.

Friend of the Court Brief Challenges Laws That Shrink the Public Domain
(January 28, 2005) - The Brennan Center and other groups are urging the Ninth Circuit Court of Appeals to recognize that laws eliminating copyright "formalities" harm free expression by starving the public domain.

Brennan Center and EFF Urge Court of Appeals to Recognize the Importance of "Sampling"
(January 21, 2005) - Our friend-of-the-court brief argues that the "de minimis" rule protecting small amounts of copying is important to artistic creation.

The Information Commons
(June 2004) - In the face of dramatic media consolidation and new laws that increase corporate copyright control, the emerging information commons offers new ways for producing and sharing information, creative works, and democratic discussion. FEPP's policy report describes the growing movement for democratic alternatives to for-profit control of information and ideas.

"The Progress of Science & Useful Arts": Why Copyright Today Threatens Intellectual Freedom
(2003) - Music swapping -- encryption -- the frozen public domain -- where should we draw the line between rewarding creativity through the copyright system and society’s competing interest in the free flow of ideas? FEPP's policy report covers "fair use," copyright term extension, the Digital Millenium Copyright Act, and more - without legalese.
Executive Summary  | Full Report | Media Advisory

For More Materials on Copyright in 2001-04, go to the Archives Page.

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