The Digital Millennium Copyright Act (DMCA), in particular the section 512 safe harbor provision, fundamentally changed how content is shared on the internet. As we discussed in Part I, the safe harbor attempts to incentivize service providers places where content can freely be shared online without destroying the copyright holder’s hopes of protecting his intellectual property. The takedown notice and counter-notice procedures we discussed in Part II attempt to provide an effective but balanced way to enforce copyright protections online without subjecting the process to abuse. This week, we’ll address the question: is it actually working?Read More
The Visual Artists Rights Act of 1990 (VARA) grants what are known as “moral rights” to the author or artist of certain “works of visual art.” These rights are only given to the artist of the work and cannot be transferred (although they can be waived through a signed contract).Read More
A San Diego jury in federal court recently gave a big win to singer/songwriter Victor Willis of the Village People, increasing Willis’ share of royalties for multiple compositions, including the hit song “Y.M.C.A.”Read More
Should Visual Artists get a cut of subsequent sales of a work?
New legislation has been introduced in Congress that would amend the federal Copyright Act to grant some artists the right to receive up to 5% of the sale price on resales of their artwork.Read More