Thursday, 25 October 2012

Death of Copyright

An interesting article from Los Angeles Lawyer (back in November 2010), by Steven T Lowe of Lowe Law, describing how the Second and Ninth Circuits (which I think I am correct in describing, without intending to disparage the others, as the most important ones) have taken an approach to infringements by movie studios and broadcasters which makes it very difficult for creators. Killed it, indeed: he didn't even see a need for a question mark at the end of the title.

Judges have taken to disposing of such claims summarily, assuming responsibility for both the extrinsic and intrinsic analyses of the alleged infringement and therefore denying plaintiffs (as they are still called in those parts of the world where Lord Wolfe's dumbing-down exercise could not reach) their constitutional right to a jury trial (denied to copyright owners here rather earlier, I think). Worth a read: like so much American legal writing, the prose is clear and attractive, and the story is potentially relevant in our copyright system.

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