Advanced Copyright Law on the Internet

within the scope of the statutory license, whereas those that contain additional material may actually be considered original de ...

The Section 111 Compulsory License for Cable Systems Section 111 of the Copyright Act makes available a statutory license perm ...

(c) American Broadcasting v. Aereo In this case, discussed in Section II.B.10 above, a district court in New York followed the S ...

“own” the received copy.^3316 Such a transaction seems highly analogous to a traditional sale of a copy, except for the distribu ...

exhaustion of rights afforded by the treaties will apply after the first sale or other transfer of ownership of the original or ...

copies of works or other subject-matter which are services by nature. Unlike CD- ROM or CD-I, where the intellectual property is ...

or phonorecord, and ReDigi users were not reselling the particular copies of music files they had purchased on iTunes – rather, ...

covering a portion of the content of the web page on which the ads appeared, the ads caused the site visitors to generate an inf ...

(a) U-Haul v. WhenU.com In U-Haul Int’l Inc. v. WhenU.com, Inc.,^3332 U-Haul alleged that WhenU’s SaveNow pop-up ad program cons ...

others, that the appearance of WhenU’s ads on a user’s computer screen at the same time as the U-Haul web page was a result of h ...

By analogy, the court ruled that WhenU’s program only temporarily changed the way the plaintiffs’ websites were viewed by users, ...

to dispatch a contextually relevant ad to that user. The ad did not display the plaintiffs’ trademarks, and WhenU did not use th ...

“transforming” or “recasting” the website.^3356 Similar to the holdings in the U-Haul and Wells Fargo cases, the court found tha ...

reputation in the plaintiff’s website that led the user to access the plaintiff’s website in the first place.^3364 With respect ...

mark’s similarity to the plaintiff’s web address. Rather, the display of the ads was the result of the happenstance that the pla ...

apparently noted that it was unclear whether the pop-up ads had caused substantial injury to consumers.^3375 As of the writing o ...

listing. Boat Rover extracted the facts by momentarily copying the HTML of the web page containing the yacht listing and then co ...

copyrightable. The court rejected the motion, ruling that Craigslist had adequately alleged that its users’ ads had a level of c ...

Performances and Phonograms Treaty each make such rights express. However, the DMCA does not set up separate rights of transmiss ...

copy.^3389 Moreover, differing standards could apply – the same intermediate copy created in the course of transmission through ...