How Can Copyright Law Be Reformed to Avoid Results Like “Blurred Lines” and “Dark Horse”? Part 2. Damn the Damages! Full Speed Ahead! This is the third in a series of posts about the dread supposedly wrought by recent music copyright cases (all of which were filed in...
Last week I read a smart post about some of the shortcomings of the now 20-day-old California Consumer Privacy Act (CCPA), and how it may not cover downstream data resellers in any kind of an effective way. I encourage anyone working in the data protection space to...
Reforming Copyright Law Last time, I questioned the premises and theses of the common notion that the “Blurred Lines,” “Stairway to Heaven” and “Dark Horse” cases are chilling creativity. My main point was that the only way to determine whether this was happening is...
And What Should We Do About It? Ever since the shocking “Blurred Lines” jury verdict, there has been a steady drum beat about how that case, and some subsequent music-and-copyright cases, has chilled songwriting. Since “Blurred Lines,” the same U.S. District Court has...
2019 will be remembered as the year we still tried to figure out how to get the GDPR right, we spent time trying to understanding what “sale” will mean under CCPA, and we went through about two data breaches a day. Will next year be more of the same? The CCPA will...
When Is it Appropriate to Knock Out a Copyright Case Based on Lack of Substantial Similarity? Last week, the Ninth Circuit Court of Appeals revised its opinion in the “Haters Gonna Hate” case, Hall v. Swift, which I blogged about recently. The main holding remains the...