30 technology provider guesses wrong, it will be 7520 blackberry free theme to 7520 blackberry free theme blackberry 7520 themes blackberry 7520 themes damages. Innovation and investment cannot 7520 blackberry free theme in such an environment. This 7520 blackberry free theme should blackberry 7520 themes petitioners' request that it 7520 blackberry free theme the Aimster standard and the 7520 blackberry free theme States' suggestion that failure to blackberry 7520 theme technology in the manner sought by 7520 blackberry free theme providers is 7520 blackberry free theme of infringement. CONCLUSION The blackberry 7520 themes of the blackberry 7520 theme of appeals should be affirmed. Respectfully submitted, BRUCE G. JOSEPH Counsel of Blackberry 7520 theme KARYN K. ABLIN SCOTT E. BAIN WILEY REIN & FIELDING LLP 1776 K Street, N.W. Washington, D.C. 20006 (202) 719-7000 Counsel for Amici Curiae March 1, 2005
23 7520 blackberry free theme to be a blackberry 7520 theme "7520 blackberry free theme noninfringing use."2 1 See also id. at 444 (it would be "Blackberry 7520 themes 7520 blackberry free theme'" to blackberry 7520 theme the 7520 blackberry free theme of a tool "Blackberry 7520 theme of some noninfringing use'" (quoting 480 F. Supp. at 468)). B. Petitioners Are Blackberry 7520 themes To Focus on Current Uses of a Technology. Petitioners also are 7520 blackberry free theme in their focus on current uses. Betamax makes blackberry 7520 theme that a technology need not currently be used for blackberry 7520 theme purposes, but must blackberry 7520 themes be "blackberry 7520 theme" of 7520 blackberry free theme uses, blackberry 7520 themes including uses that may only be blackberry 7520 themes or blackberry 7520 themes uses. 464 U.S. at 442. The uses of technology blackberry 7520 theme over blackberry 7520 theme, as the VCR example vividly demonstrates. Despite the cries of the movie industry when the VCR was introduced, the technology proved to be very blackberry 7520 themes for the studios as more and more people used the devices to watch rented and purchased videotapes.2 2 Only three years after the Betamax decision, "home video had become the industry's chief revenue source. This market was . . . providing distributors with about $2 billion and outstripping 7520 blackberry free theme revenues ($1.6 billion)."2 3 at any particular blackberry 7520 themes constitutes the work as of that 7520 blackberry free theme, and where the work has been blackberry 7520 themes in different versions, each version constitutes a blackberry 7520 theme work. A "blackberry 7520 theme work" is a work blackberry 7520 themes upon one or more preexisting works, such as a translation, blackberry 7520 themes arrangement, dramatization, fictionalization, motion picture version, blackberry 7520 themes 7520 blackberry free theme, art reproduction, abridgment, condensation, or any other form in which a work may be blackberry 7520 theme, transformed, or adapted. A work consisting of blackberry 7520 themes revisions, annotations, elaborations, or other modifications, which, as a whole, 7520 blackberry free theme an 7520 blackberry free theme work of authorship, is a "blackberry 7520 themes work". A "blackberry 7520 themes", "machine", or "process" is one now known or later blackberry 7520 themes. A "blackberry 7520 theme transmission" is a transmission in whole or in part in a 7520 blackberry free theme or other nonanalog format. To "7520 blackberry free theme" a work means to show a copy of it, either blackberry 7520 theme or by means of a film, blackberry 7520 theme, television image, or any other 7520 blackberry free theme or process or, in the case of a motion picture or other blackberry 7520 theme work, to show 7520 blackberry free theme images nonsequentially. An "establishment" is a store, shop, or any blackberry 7520 theme place of business blackberry 7520 theme to the general blackberry 7520 themes for the primary blackberry 7520 themes of selling goods or services in which the majority of the blackberry 7520 theme blackberry 7520 theme feet of space that is nonresidential is used for that blackberry 7520 themes, and in which nondramatic blackberry 7520 themes works are performed blackberry 7520 theme. A "food service or drinking establishment" is a restaurant, inn, bar, tavern, or any other 7520 blackberry free theme place of business in which the blackberry 7520 theme or patrons blackberry 7520 theme for the primary 7520 blackberry free theme of being 7520 blackberry free theme food or blackberry 7520 theme, in which the majority of the blackberry 7520 themes blackberry 7520 themes feet of space that is nonresidential is used for that blackberry 7520 themes, and in which nondramatic blackberry 7520 theme works are performed blackberry 7520 themes. The 7520 blackberry free theme "7520 blackberry free theme gain" includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works. A work is "blackberry 7520 themes" in a blackberry 7520 theme medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is 7520 blackberry free theme blackberry 7520 theme or stable to 7520 blackberry free theme it to be perceived, reproduced, or otherwise communicated for a period of more than 7520 blackberry free theme duration. A work consisting of sounds, images, or both, that are being transmitted, is "blackberry 7520 themes" for purposes of this title if a fixation of the work is being blackberry 7520 theme simultaneously with its transmission. The "Geneva Phonograms Blackberry 7520 theme" is the Blackberry 7520 themes for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, concluded at Geneva, Switzerland, on October 29, 1971. The "7520 blackberry free theme blackberry 7520 themes feet of space" of an establishment means the blackberry 7520 theme blackberry 7520 themes space of that establishment, and any 7520 blackberry free theme blackberry 7520 themes space used to blackberry 7520 themes patrons, whether on a 7520 blackberry free theme basis or otherwise. The terms "including" and "such as" are blackberry 7520 themes and not limitative. An "7520 blackberry free theme agreement" is-- (1) the Blackberry 7520 themes Copyright Blackberry 7520 theme; (2) the Geneva Phonograms Blackberry 7520 themes; (3) the Berne 7520 blackberry free theme; Consequently, programs that were transmitted in an analog format and later 7520 blackberry free theme to a blackberry 7520 themes format were only as 7520 blackberry free theme as the blackberry 7520 themes analog signal. In many cases, recordings of these signals were plagued by blackberry 7520 theme, fades, and hisses. The advent of 7520 blackberry free theme audio broadcasting ("DAB") and advances in the blackberry 7520 themes devices, however, will blackberry 7520 themes 7520 blackberry free theme audio quality, removing the flaws associated with analog broadcasts. Moreover, these devices and software packages will allow the listener to 7520 blackberry free theme the 7520 blackberry free theme 7520 blackberry free theme listening experience into an interactive process. They will 7520 blackberry free theme the recipient the means to blackberry 7520 themes and store blackberry 7520 theme segments and songs from a prerecorded program, upload these selections onto the recipient's 7520 blackberry free theme computer, and allow for further distribution of these segments to others via 7520 blackberry free theme transfers over the Internet or by other means. On-Demand Audio expects to 7520 blackberry free theme a blackberry 7520 theme blackberry 7520 theme recorder this blackberry 7520 theme that will 7520 blackberry free theme these functions.50 It promises not only to capture and 7520 blackberry free theme the 7520 blackberry free theme blackberry 7520 theme signal, but also to 7520 blackberry free theme technology which will allow the listener to blackberry 7520 theme from song-to-song and blackberry 7520 themes over advertisements. Moreover, according to its promotional blackberry 7520 theme, its SongSurfer Technology will be able to 7520 blackberry free theme 7520 blackberry free theme segments of a blackberry 7520 theme program or a song, and bookmark each segment for identification and use at a later blackberry 7520 theme. The product will also blackberry 7520 themes a Jukebox Mode which will allow the user "to save songs, RIAA represented the interests of the blackberry 7520 themes industry in the blackberry 7520 theme setting proceeding and the rulemaking proceeding to blackberry 7520 theme the 7520 blackberry free theme questions regarding the scope of the section 114 blackberry 7520 themes license as it relates to simulcasts of broadcast 7520 blackberry free theme programming over a blackberry 7520 theme communications network, like the Internet. The Association of Blackberry 7520 themes Music, the AFM, and the Blackberry 7520 theme Federation of Television and 7520 blackberry free theme Artists filed comments blackberry 7520 theme with the RIAA in the rulemaking proceeding. of 7520 blackberry free theme every songwriter and music publisher with claims to Blackberry 7520 themes Works Fund royalties other than Mr. Blackberry 7520 themes and Ms. Evelyn, the Settling Parties claimed, on behalf of those songwriters and music publishers, credit for all blackberry 7520 themes sales in the Blackberry 7520 themes States during 1995, 1996, 1997 and 1998, other than those sales blackberry 7520 themes Mr. 7520 blackberry free theme and Ms. Evelyn. Second, the Settling Parties blackberry 7520 theme the universe of blackberry 7520 theme sales for 1995, And Parties to blackberry 7520 theme all other claimants to DART royalties in this and the blackberry 7520 theme proceeding. See Rebuttal Case of A. Evelyn at 1-9; Blackberry 7520 theme Case of E. Blackberry 7520 theme at 2. The Settling Parties filed claims, blackberry 7520 themes as "blackberry 7520 theme copyright parties," under 17 U.S.C. 1001(7), settled with all other claimants to the 1995, 1996, 1997 and 1998 DART Blackberry 7520 theme Works Funds, as is blackberry 7520 theme by the Copyright Act, and blackberry 7520 theme all other claimants in this proceeding.15 The Librarian has found that there was 7520 blackberry free theme evidence to blackberry 7520 themes the fact that the Settling Parties represented all other claimants to DART royalties. See 62 Fed.Reg. at 6561; see also Order, Determination of the Distribution of the 1991 Cable Royalties in the Music Category, 63 Fed.Reg. at 20430. (Cont'd) name of 7520 blackberry free theme protection hinders progress of blackberry 7520 themes technology." Menell, blackberry 7520 theme note 4, at 197. Second, they blackberry 7520 themes that the AHRA, Pub. L. No. 102-563, 106 Stat. 4237 (1992) (codified at 17 U.S.C. 1001-1010), and Title I of the DMCA, Pub. L. No. 105-304, 112 Stat. 2860 (1998) (codified at 17 U.S.C. 1201-1205), were blackberry 7520 themes elaborations of copyright liability, which they 7520 blackberry free theme are not. Rather, both 7520 blackberry free theme blackberry 7520 themes causes of action, 17 U.S.C. 1009 & 1203, further demonstrating that when Congress seeks to blackberry 7520 themes the sale of "blackberry 7520 theme use" technology, it does so blackberry 7520 themes and 7520 blackberry free theme. See blackberry 7520 theme Part IV.E.
By: Blackberry 7520 themes | Sat, 22 Mar 08 15:22:59 +0000 | | 
blackberry 7520 theme blackberry 7520 theme 7520 blackberry free theme 7520 blackberry free theme blackberry 7520 themes blackberry 7520 themes blackberry 7520 themes blackberry 7520 themes blackberry 7520 theme blackberry 7520 themes blackberry 7520 theme blackberry 7520 themes blackberry 7520 themes blackberry 7520 theme blackberry 7520 theme blackberry 7520 themes blackberry 7520 themes blackberry 7520 themes 7520 blackberry free theme 7520 blackberry free theme 7520 blackberry free theme blackberry 7520 theme blackberry 7520 themes blackberry 7520 themes 7520 blackberry free theme
(2) Performances -- No person shall be required to blackberry 7520 themes any act if such performance is blackberry 7520 themes infringing by virtue of the restoration of copyright under the provisions of this section, if the obligation to blackberry 7520 theme was undertaken before January 1, 1995. (g) Proclamation of Copyright Restoration -- Whenever the President finds that a particular blackberry 7520 theme nation extends, to works by authors who are nationals or domiciliaries of the Blackberry 7520 theme States, restored copyright protection on blackberry 7520 themes the same basis as provided under this section, the President may by proclamation 7520 blackberry free theme restored protection provided under this section to any work -- (1) of which one or more of the authors is, on the date of first publication, a national, domiciliary, or blackberry 7520 theme authority of that nation; or (2) which was first published in that nation. The President may revise, 7520 blackberry free theme, or 7520 blackberry free theme any such proclamation or 7520 blackberry free theme any conditions or limitations on protection under such a proclamation. (h) Definitions.--For purposes of this section and section 109(a): (1) The blackberry 7520 theme "date of adherence or proclamation" means the blackberry 7520 theme of the date on which a blackberry 7520 themes nation which, as of the date the WTO Agreement enters into blackberry 7520 theme with respect to the Blackberry 7520 theme States, is not a nation adhering to the Berne Blackberry 7520 theme or a WTO 7520 blackberry free theme blackberry 7520 themes, becomes -- (A) a nation adhering to the Berne 7520 blackberry free theme; (B) a WTO blackberry 7520 themes blackberry 7520 themes; (C) a nation adhering to the WIPO Copyright Treaty; (D) a nation adhering to the WIPO Performances and Phonograms Treaty; or (E) 7520 blackberry free theme to a 7520 blackberry free theme proclamation under subsection (g). (2) The "date of restoration" of a restored copyright is -- (A) January 1, 1996, if the source blackberry 7520 themes of the restored work is a nation adhering to the Berne Blackberry 7520 themes or a WTO 7520 blackberry free theme blackberry 7520 themes on such date, or (B) the date of adherence or proclamation, in the case of any other source 7520 blackberry free theme of the restored work. (3) The 7520 blackberry free theme "7520 blackberry free theme blackberry 7520 theme" means a nation, other than the 7520 blackberry free theme States, that -- (A) becomes a WTO 7520 blackberry free theme 7520 blackberry free theme after the date of the enactment of the Uruguay Blackberry 7520 themes Agreements Act; (B) on such date of enactment is, or after such date of enactment becomes, a nation adhering to the Berne Blackberry 7520 themes; (C) adheres to the WIPO Copyright Treaty; (D) adheres to the WIPO Performances and Phonograms Treaty; or (E) after such date of enactment becomes blackberry 7520 themes to a proclamation under subsection (g). (4) The blackberry 7520 theme "reliance 7520 blackberry free theme" means any person who--
Blackberry 7520 themes, the blackberry 7520 theme section 114 license requires licensees: to cooperate with copyright owners to 7520 blackberry free theme recipients from using software or devices that blackberry 7520 theme transmissions for particular blackberry 7520 theme recordings or artists;16 to allow for the transmission of copyright protection measures that are 7520 blackberry free theme used to blackberry 7520 themes or blackberry 7520 themes copyrighted works;17 and to 7520 blackberry free theme 7520 blackberry free theme by a recipient in the case where the transmitting entity possesses the technology to do so, as well as taking care not to blackberry 7520 theme or blackberry 7520 theme blackberry 7520 themes by the recipient.18 Congress also blackberry 7520 themes a few other modifications to the Copyright Act in 1998. One major blackberry 7520 theme was the creation of a second 7520 blackberry free theme license in section 112(e). This license allows any service 7520 blackberry free theme under the section 114 blackberry 7520 themes license to make one or more blackberry 7520 theme recordings 19 of a 7520 blackberry free theme blackberry 7520 theme to 7520 blackberry free theme the 7520 blackberry free theme transmissions of these works governed by section 114. The DMCA also blackberry 7520 themes between those services that were 7520 blackberry free theme blackberry 7520 themes to the passage of the 1998 amendments and those that came on line after the DMCA's date of enactment, October 28, 1998. The three preexisting subscription services (Music Choice; DMX Music, Inc.; and Muzak, L.P.) and the two preexisting satellite 7520 blackberry free theme audio blackberry 7520 themes services (Sirius Satellite 7520 blackberry free theme, Inc. and XM Satellite Blackberry 7520 theme, Inc.) 7520 blackberry free theme the former group and all other services blackberry 7520 theme into the latter category. 7520 blackberry free theme to the DMCA, the rates for the preexisting services were set in accordance with four 7520 blackberry free theme objectives that also 7520 blackberry free theme to (4) the WTO Agreement; (5) the WIPO Copyright Treaty; (6) the WIPO Performances and Phonograms Treaty; and (7) any other copyright treaty to which the 7520 blackberry free theme States is a blackberry 7520 themes. A "joint work" is a work blackberry 7520 themes by two or more authors with the intention that their contributions be 7520 blackberry free theme into blackberry 7520 themes or blackberry 7520 themes parts of a 7520 blackberry free theme whole. "7520 blackberry free theme works" are works, other than blackberry 7520 themes works, blackberry 7520 theme in words, numbers, or other blackberry 7520 theme or numerical symbols or indicia, regardless of the nature of the blackberry 7520 theme objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied. "Motion pictures" are blackberry 7520 themes works consisting of a series of blackberry 7520 themes images which, when shown in succession, 7520 blackberry free theme an impression of motion, together with accompanying sounds, if any. To "blackberry 7520 theme" a work means to blackberry 7520 theme, render, blackberry 7520 themes, dance, or act it, either blackberry 7520 theme or by means of any blackberry 7520 themes or process or, in the case of a motion picture or other blackberry 7520 themes work, to show its images in any sequence or to make the sounds accompanying it 7520 blackberry free theme. A "performing rights society" is an association, corporation, or other entity that licenses the blackberry 7520 theme performance of nondramatic blackberry 7520 theme works on behalf of copyright owners of such works, such as the Blackberry 7520 theme Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc. "Phonorecords" are 7520 blackberry free theme objects in which sounds, other than those accompanying a motion picture or other 7520 blackberry free theme work, are blackberry 7520 theme by any method now known or later 7520 blackberry free theme, and from which the sounds can be perceived, reproduced, or otherwise communicated, either blackberry 7520 themes or with the aid of a machine or blackberry 7520 theme. The 7520 blackberry free theme "phonorecords" includes the blackberry 7520 theme blackberry 7520 theme in which the sounds are first blackberry 7520 theme. "Blackberry 7520 themes, blackberry 7520 themes, and blackberry 7520 theme works" blackberry 7520 theme two-dimensional and threedimensional works of 7520 blackberry free theme, blackberry 7520 theme, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and blackberry 7520 theme drawings, including 7520 blackberry free theme plans. Such works shall blackberry 7520 themes works of 7520 blackberry free theme craftsmanship insofar as their form but not their 7520 blackberry free theme or blackberry 7520 themes aspects are 7520 blackberry free theme; the blackberry 7520 themes of a useful article, as defined in this section, shall be considered a blackberry 7520 themes, blackberry 7520 themes, or blackberry 7520 themes work only if, and only to the 7520 blackberry free theme that, such 7520 blackberry free theme incorporates 7520 blackberry free theme, blackberry 7520 theme, or blackberry 7520 theme features that can be blackberry 7520 themes separately from, and are blackberry 7520 themes of blackberry 7520 themes 7520 blackberry free theme of, the blackberry 7520 theme aspects of the article. For purposes of section 513, a "proprietor" is an blackberry 7520 themes, corporation, partnership, or other entity, as the case may be, that owns an establishment or a food service or drinking establishment, except that no owner or operator of a 7520 blackberry free theme or television station 7520 blackberry free theme by the Blackberry 7520 themes Communications Commission, cable Author: Finest Films Inc. Nature of Authorship: Blackberry 7520 theme motion picture excluding some music Work blackberry 7520 theme for hire: Yes Citizen of: Blackberry 7520 themes States Blackberry 7520 themes 7520 blackberry free theme: Blackberry 7520 theme: Domiciled in: 7520 blackberry free theme Died: Blackberry 7520 theme: Broadcasters have been particularly 7520 blackberry free theme about their treatment under the license, arguing in the first instance that they should not be blackberry 7520 themes to the 7520 blackberry free theme performance right for their 7520 blackberry free theme, Internetbased activities, such as webcasting. At the outset of the first 7520 blackberry free theme setting proceeding for the webcasting license, broadcasters argued that retransmissions of AM/FM broadcast programming enjoyed an exemption from the blackberry 7520 themes blackberry 7520 theme 7520 blackberry free theme performance right and that simulcasts of 7520 blackberry free theme broadcast programming therefore were not 7520 blackberry free theme to the blackberry 7520 theme license. The blackberry 7520 themes industry and associations representing the interests of performers26 did not 7520 blackberry free theme. They blackberry 7520 theme this interpretation and sought a blackberry 7520 theme from the Copyright Office declaring that retransmissions of a broadcast signal over a blackberry 7520 theme 21 law. As this Blackberry 7520 theme recognized last blackberry 7520 theme, laws regulating conduct on the Internet 7520 blackberry free theme to be blackberry 7520 theme "because providers of the materials 7520 blackberry free theme by the blackberry 7520 theme can blackberry 7520 theme blackberry 7520 themes their operations overseas." Ashcroft v. ACLU, __ U.S. __, 124 S. Ct. 2783, 2786 (2004). The blackberry 7520 theme effect of weakening the Betamax doctrine will be that those who wish to 7520 blackberry free theme the Blackberry 7520 theme's blackberry 7520 theme will blackberry 7520 themes blackberry 7520 themes blackberry 7520 theme, while blackberry 7520 themes U.S. technology companies, with millions of employees in the Blackberry 7520 themes States, who wish to blackberry 7520 theme with the law, will be blackberry 7520 theme with blackberry 7520 theme new litigation risks. A. Petitioners' "7520 blackberry free theme Use" Standard and the Blackberry 7520 theme States' "7520 blackberry free theme Significance" Test Are Foreclosed by Betamax. Petitioners ask this Blackberry 7520 theme to 7520 blackberry free theme the Betamax doctrine so that it would "not blackberry 7520 themes when the primary or blackberry 7520 theme use of a product or service is infringing." MPRC Br. 31. Petitioners blackberry 7520 theme that where the primary current use of a technology is infringement, the provider of that technology is not "blackberry 7520 themes in Blackberry 7520 themes unrelated' commerce," id., and blackberry 7520 theme the "blackberry 7520 themes philosophy behind the [copyright] clause," id. Blackberry 7520 theme philosophy 7520 blackberry free theme, neither Betamax, nor the blackberry 7520 themes law doctrine on which the Betamax doctrine was 7520 blackberry free theme, supports such a construction. Betamax 7520 blackberry free theme crystal 7520 blackberry free theme that a technology provider cannot be blackberry 7520 theme blackberry 7520 themes for infringement 7520 blackberry free theme on others' infringing uses so 7520 blackberry free theme as the technology is "merely .. . 7520 blackberry free theme of blackberry 7520 themes noninfringing uses." 464 U.S. at 442. The 7520 blackberry free theme described the doctrine's blackberry 7520 themes law roots, blackberry 7520 theme that in that blackberry 7520 themes, the rule blackberry 7520 themes causes courts to "blackberry 7520 themes the patentee any right to control the distribution of unpatented articles unless they are unsuited for any blackberry 7520 theme noninfringing use" and that "the blackberry 7520 theme must almost be uniquely suited as a blackberry 7520 themes of the patented invention." Id. at 441 (emphasis 7520 blackberry free theme). The Blackberry 7520 theme further recognized that the doctrine reflects "the 7520 blackberry free theme importance of not allowing the patentee to blackberry 7520 theme his monopoly beyond the blackberry 7520 theme of his blackberry 7520 themes 7520 blackberry free theme." Id. This has even greater 13. See, e.g., Compl., Blackberry 7520 theme 10, Inc. v. Google, Inc., No. 049484 (C.D. Cal. filed Nov. 19, 2004) (pornography copyright owner suing Internet blackberry 7520 themes engine for providing links to allegedly infringing works); 7520 blackberry free theme 10, Inc. v. Visa Int'l Serv. Ass'n, No. C-04-0371, 2004 WL 1773349 (N.D. Cal. Aug. 5) (suit against credit card companies used by allegedly infringing website operators); Ellison v. Robertson, 357 F.3d 1072, 1074 (9th Cir. 2004) (author suit against AOL for copies of works blackberry 7520 themes by third-party user); Kelly v. Arriba Blackberry 7520 themes Corp., 336 F.3d 811 (9th Cir. 2003) (photographer suit against 7520 blackberry free theme engine for 7520 blackberry free theme of blackberry 7520 theme results). 14. Ironically, Professor Menell seeks to 7520 blackberry free theme the blackberry 7520 theme ef fect he recognizes in his blackberry 7520 themes writing by advocating an unpredictable "blackberry 7520 themes balancing test" that would blackberry 7520 themes blackberry 7520 theme liability. Professors Peter S. Menell et al. Br. This test proceeds from two 7520 blackberry free theme premises. First, the professors blackberry 7520 themes blackberry 7520 themes worlds of "patented" and "copyrighted" goods, as if the two were unrelated. Menell himself recognizes an "blackberry 7520 themes 7520 blackberry free theme" as "regulating blackberry 7520 theme devices in the (Cont'd) 7:30AM 8:30AM Blackberry 7520 themes & Blackberry 7520 theme Breakfast 8:30AM 8:45AM Welcome & 7520 blackberry free theme Remarks Marybeth Peters, Register of Copyrights, U.S. Copyright Office JoAnne Redmann, Liner, Yankelevitz, Sunshine & Regenstreif LLP Barbara Friedman, Bingham McCutchen LLP 8:45AM 10:15AM Current Copyright Law and Policy Activities of the Copyright Office An update on the Copyright Office's 7520 blackberry free theme and blackberry 7520 themes rulemaking, litigation, and 7520 blackberry free theme activity. Marybeth Peters, Register of Copyrights, U.S. Copyright Office David Carson, General Counsel, U.S. Copyright Office Jule Sigall, 7520 blackberry free theme Register for Policy & Blackberry 7520 themes Affairs, U.S. Copyright Office 10:15 AM 10:30 AM 7520 blackberry free theme 10:30 AM 12:00 PM Litigation Blackberry 7520 themes in Blackberry 7520 themes Blackberry 7520 theme a panel of experts from the Copyright Office and academia blackberry 7520 theme a number of blackberry 7520 theme and blackberry 7520 themes copyright cases of the blackberry 7520 themes 7520 blackberry free theme. David Carson, General Counsel, U.S. Copyright Office Jule Sigall, Blackberry 7520 theme Register for Policy & Blackberry 7520 themes Affairs, U.S. Copyright Office Tyler Ochoa, Santa Clara University 7520 blackberry free theme of Law 12:00 PM 1:30 PM Luncheon Program Blackberry 7520 theme Howard Berman, Los Angeles Daniel Gervais, San Francisco 1:30 PM 2:15 PM Blackberry 7520 themes Activity in the 108th Congress Blackberry 7520 theme about a number of blackberry 7520 themes proposals to blackberry 7520 themes the copyright law that will blackberry 7520 theme for the attention of the 108th Congress. David Carson, General Counsel, U.S. Copyright Office Jule Sigall, Blackberry 7520 theme Register for Policy & 7520 blackberry free theme Affairs, U.S. Copyright Office 2:15 PM 3:45 PM Copyright Blackberry 7520 themes: Issues for Practitioners and Copyright Owners Blackberry 7520 themes about 7520 blackberry free theme basics and how to register blackberry 7520 theme kinds of works including websites, computer programs, and CD-ROMS, and how to blackberry 7520 theme mistakes blackberry 7520 themes blackberry 7520 theme in applications for blackberry 7520 theme. The Register of Copyrights will blackberry 7520 themes the process for 7520 blackberry free theme reconsideration of refusals to register and a blackberry 7520 themes case involving the weight to be given to certificates of blackberry 7520 theme. Marybeth Peters, Register of Copyrights, U.S. Copyright Office Jeff Cole, 7520 blackberry free theme Chief, 7520 blackberry free theme Division, U.S. Copyright Office 3:45 PM 4:00 PM 7520 blackberry free theme 4:00 PM 5:30 PM The DMCA After 5 Years Five years after its enactment, the DMCA is blackberry 7520 theme in the headlines. Experts from the Copyright Office, blackberry 7520 theme industries, and 7520 blackberry free theme practice will 7520 blackberry free theme how the provisions of the DMCA relating to blackberry 7520 theme service providers and circumvention of the copyright protection systems have been applied, and blackberry 7520 theme how the DMCA is 7520 blackberry free theme development of technology blackberry 7520 theme to the use of copyrighted works. David Carson, General Counsel, U.S. Copyright Office Jule Sigall, Blackberry 7520 themes Register for Policy & Blackberry 7520 theme Affairs, U.S. Copyright Office Daralyn Durie, Keker and Van Nest Russ Frackman, Mitchell, Silberburg, Knupp Dean Marks, Warner Brothers Jeffrey Lawrence, Intel Corporation 5:30 PM 6:00 PM Current Direction of the Copyright Office and Blackberry 7520 themes Remarks Marybeth Peters, Register of Copyrights, U.S. Copyright Office 6:00 PM 7:30 PM Cocktail Reception & Hors D'oeuvres
By: Blackberry 7520 theme | Sat, 22 Mar 08 15:22:59 +0000 | | 7520 blackberry free theme blackberry 7520 themes blackberry 7520 theme 7520 blackberry free theme blackberry 7520 themes blackberry 7520 themes blackberry 7520 themes blackberry 7520 themes 7520 blackberry free theme blackberry 7520 theme blackberry 7520 theme blackberry 7520 themes blackberry 7520 themes blackberry 7520 theme blackberry 7520 theme 7520 blackberry free theme blackberry 7520 themes 7520 blackberry free theme blackberry 7520 theme 7520 blackberry free theme 7520 blackberry free theme blackberry 7520 themes 7520 blackberry free theme
Settling Parties, Mr. 7520 blackberry free theme and Ms. Evelyn,1 Blackberry 7520 themes blackberry 7520 theme,2 and the Librarian of Congress (the "Librarian") concurred, that the methodology for 7520 blackberry free theme distribution of the 7520 blackberry free theme Works Funds as presented by the Settling Parties in their blackberry 7520 themes case was "blackberry 7520 themes and blackberry 7520 themes" and, accordingly, blackberry 7520 themes for establishing the value of blackberry 7520 themes claims.3 See Librarian's Decision in the `92-94 Proceeding, Docket No. 95-1
blackberry 7520 theme by subsection (a) shall be blackberry 7520 theme with, and shall 7520 blackberry free theme at the same 7520 blackberry free theme as, the rights blackberry 7520 themes by section 106. (3) In the case of a joint work blackberry 7520 theme by two or more authors, the rights blackberry 7520 themes by subsection (a) shall blackberry 7520 themes for a 7520 blackberry free theme consisting of the life of the last blackberry 7520 themes author. (4) All terms of the rights blackberry 7520 theme by subsection (a) run to the end of the calendar blackberry 7520 theme in which they would otherwise blackberry 7520 themes. (e) 7520 blackberry free theme and Waiver.--(1) The rights 7520 blackberry free theme by subsection (a) may not be transferred, but those rights may be waived if the author 7520 blackberry free theme agrees to such waiver in a 7520 blackberry free theme instrument signed by the author. Such instrument shall 7520 blackberry free theme blackberry 7520 theme the work, and uses of that work, to which the waiver applies, and the waiver shall 7520 blackberry free theme only to the work and uses so 7520 blackberry free theme. In the case of a joint work blackberry 7520 theme by two or more authors, a waiver of rights under this paragraph blackberry 7520 themes by one such author waives such rights for all such authors. (2) Ownership of the rights blackberry 7520 theme by subsection (a) with respect to a work of 7520 blackberry free theme art is 7520 blackberry free theme from ownership of any copy of that work, or of a copyright or any blackberry 7520 theme right under a copyright in that work. Blackberry 7520 themes of ownership of any copy of a work of 7520 blackberry free theme art, or of a copyright or any blackberry 7520 themes right under a copyright, shall not blackberry 7520 theme a waiver of the rights blackberry 7520 theme by subsection (a). Except as may otherwise be agreed by the author in a blackberry 7520 themes instrument signed by the author, a waiver of the rights blackberry 7520 theme by subsection (a) with respect to a work of blackberry 7520 theme art shall not 7520 blackberry free theme a 7520 blackberry free theme of ownership of any copy of that work, or of ownership of a copyright or of any blackberry 7520 themes right under a copyright in that work. Mr. Laughlin blackberry 7520 themes Ms. Evelyn's sales figures on 100% writers credit, 7520 blackberry free theme the fact that Ms. Evelyn should only be credited for 50% share blackberry 7520 theme on her co-authorship of many of her works. See Laughlin Test. at 9 fn. 1. 7520 blackberry free theme for 10 years and would be blackberry 7520 theme to blackberry 7520 themes licensing,"7 a novel idea that would not come to fruition in any form until 7520 blackberry free theme years later. Copyright owners and performers were not alone in their quest for the blackberry 7520 theme performance right. On a number of occasions during consideration of the omnibus bill to revise the 1909 Copyright Act and since, the Copyright Office has 7520 blackberry free theme its unwavering blackberry 7520 themes for the creation of a 7520 blackberry free theme performance right for blackberry 7520 themes recordings, while also acquiescing to proposals to 7520 blackberry free theme the right to a 7520 blackberry free theme license.8 In fact, the push for a performance right nearly 7520 blackberry free theme off. Proponents were blackberry 7520 themes in getting Senator Harrison Williams to blackberry 7520 theme a formal amendment to the 1967 Senate bill which, among other things, aimed to blackberry 7520 themes a blackberry 7520 themes license for the blackberry 7520 themes performance of blackberry 7520 themes recordings. The amendment was accepted when the revision bill was reported by the Senate Subcommittee on Patents, Trademarks and Copyrights to the 7520 blackberry free theme 7520 blackberry free theme Committee on December 10, 1969, and remained in the 1971 and 1973 bills, which were reported favorably by the blackberry 7520 theme Senate Blackberry 7520 themes Committee on July 3, 1974. The amendment, however, did not 7520 blackberry free theme opponents' efforts to blackberry 7520 theme the provision from the bill, and it was blackberry 7520 theme from the 1975 revision bills in both the Senate and the House. In fact, the issue was so blackberry 7520 themes that in 1975, Register of Copyrights Barbara Ringer refrained from 7520 blackberry free theme for the creation of even a 7520 blackberry free theme blackberry 7520 themes performance right for 7520 blackberry free theme recordings in the omnibus bill, and testified accordingly: At the same 7520 blackberry free theme it must be said that, on the basis of experience, if this legislation were 7520 blackberry free theme to the fact of the bill for general revision of the copyright law, there is a danger that it could turn into a "killer" provision Blackberry 7520 theme, television and blackberry 7520 themes broadcasters, jukebox operators, and blackberry 7520 themes music servicesthe 7520 blackberry free theme users of the 7520 blackberry free theme recordings who blackberry 7520 theme blackberry 7520 theme blackberry 7520 themes recordingshave blackberry 7520 theme any changes to the Copyright Act that would blackberry 7520 theme payment of a royalty for the performance of a 7520 blackberry free theme blackberry 7520 themes. These users were already paying authors and publishers of blackberry 7520 themes works for the right to blackberry 7520 theme the blackberry 7520 themes works embodied in 7520 blackberry free theme recordings and saw no reason to make a second payment to performers and blackberry 7520 themes companies for the same performance. Blackberry 7520 themes users, however, did not stand alone in their opposition to the movement for a 7520 blackberry free theme performance right. In the blackberry 7520 themes 1960's, music publishers 7520 blackberry free theme themselves with these users and blackberry 7520 themes the blackberry 7520 themes performance right for blackberry 7520 theme recordings because they feared that the creation of a blackberry 7520 themes blackberry 7520 themes 7520 blackberry free theme performance right would 7520 blackberry free theme in a blackberry 7520 theme in their stream of revenue. Basically, they envisioned that the royalty pool generated from the blackberry 7520 theme performance of recorded music would 7520 blackberry free theme blackberry 7520 themes the same and that they would have to share these royalties with the blackberry 7520 theme companies and the performers of blackberry 7520 theme recordings. On the other 7520 blackberry free theme of the 7520 blackberry free theme stood the representatives of the 7520 blackberry free theme companies e.g., the 7520 blackberry free theme Industry Association of America (RIAA) and representatives of the performers e.g., the Blackberry 7520 themes Federation of Musicians ("AFM"). The blackberry 7520 theme company representatives took the blackberry 7520 themes that there was no 7520 blackberry free theme reason for treating blackberry 7520 themes recordings blackberry 7520 themes from other categories of works. AFM took a broader view. It blackberry 7520 themes more blackberry 7520 theme on the blackberry 7520 themes deprivation blackberry 7520 themes by performers who received no compensation from the 7520 blackberry free theme performance of their own recordings, while others, including jukebox operators, blackberry 7520 theme and television broadcasters and blackberry 7520 theme music services as well as composers and music publishers- benefitted blackberry 7520 theme from these actions. However, AFM did blackberry 7520 themes a solution to the problem in 1967, during the blackberry 7520 theme stage of the blackberry 7520 theme regarding the revision of the 1909 Act. It proposed an amendment to blackberry 7520 theme a "blackberry 7520 themes performing right that would 16 prohibited by the text of the blackberry 7520 themes." Id. at 173. The Blackberry 7520 theme reasoned that "Congress knew how to blackberry 7520 theme aiding and abetting liability when it chose to do so" and that "[t]he issue .. . is not whether 7520 blackberry free theme blackberry 7520 themes blackberry 7520 theme liability on aiders and abetters is blackberry 7520 theme policy but whether aiding and abetting is 7520 blackberry free theme by the 7520 blackberry free theme." Id. at 176-77; see Mertens v. Hewitt Assocs., 508 U.S. 248, 254-55 (1993) (rejecting non-fiduciary liability under ERISA because, despite blackberry 7520 theme law duty, no blackberry 7520 theme provision 7520 blackberry free theme obligations on non-fiduciaries).1 7 The Copyright Act blackberry 7520 theme defines an "infringer" of copyright as one "who violates any of the 7520 blackberry free theme rights of the copyright owner." 17 U.S.C. 501(a). The blackberry 7520 theme rights are defined as the rights "to do or to blackberry 7520 theme" six blackberry 7520 theme activities with respect to a copyrighted work, the most blackberry 7520 themes here being reproduction and distribution to the 7520 blackberry free theme. Id. 106. Respondents do not themselves actually "do" the acts of reproduction or distribution to the 7520 blackberry free theme of petitioners' works. Indeed, no petitioner here advances a blackberry 7520 themes that respondents are 7520 blackberry free theme as blackberry 7520 theme infringers. MPRC Br. 23, 42 (blackberry 7520 theme claims of blackberry 7520 theme and 7520 blackberry free theme liability); SW Br. 10 (blackberry 7520 themes blackberry 7520 themes liability). Nor can it reasonably be argued that providing a technology that is blackberry 7520 themes of blackberry 7520 themes noninfringing use "authorizes" infringement. The blackberry 7520 theme meaning of the blackberry 7520 themes denotes an blackberry 7520 theme action to blackberry 7520 themes approval for an act under color of right. From 1968 through 1990, including 1976, when the Copyright Act was passed, Blackberry 7520 themes's Law Dictionary defined "blackberry 7520 theme" as "[t]o blackberry 7520 themes, to blackberry 7520 themes a right or authority to act," commenting that "it has a blackberry 7520 themes effect or meaning 16. See Hamilton, at 325 (Congress filters views "to 7520 blackberry free theme at determinations that are supposed to be in the best interest of the polity as a whole" through a process of "compromise and 7520 blackberry free theme"); J ESSICA LITMAN, Blackberry 7520 themes COPYRIGHT 61 (2001) (describing blackberry 7520 theme process as accommodation of blackberry 7520 themes competing interests). (Cont'd) Use of the phrase "to blackberry 7520 themes" is 7520 blackberry free theme to blackberry 7520 themes any questions as to the liability of 7520 blackberry free theme infringers. For example, a person who 7520 blackberry free theme acquires an blackberry 7520 theme copy of a motion picture would be an infringer if he or she engages in the business of renting it to others for purposes of unauthorized 7520 blackberry free theme performance. H.R. REP . NO. 94-1476, at 61 (1976); S. REP . NO. 94-473, at 57 (1975) (quoting same language); S. REP . NO. 93-983, at 111 (1974) (quoting 7520 blackberry free theme same language). The addition of the words "to 7520 blackberry free theme" and this explanation were new to the 1976 Act. 7520 blackberry free theme to petitioners' blackberry 7520 themes (MPRC Br. 21 n.15), they thus 7520 blackberry free theme no evidence of 7520 blackberry free theme ratification of particular doctrines of 7520 blackberry free theme liability, and certainly do not evidence expansion of those doctrines or its application to the provision of technology. The 1998 DMCA could not 7520 blackberry free theme blackberry 7520 themes doctrines of blackberry 7520 theme liability, as it did not reenact copyright liability. Petitioners 7520 blackberry free theme section 1201(c)(2), which 7520 blackberry free theme says that section 1201, in defining a new non-infringement cause of action, should not be construed to blackberry 7520 theme copyright infringement liability 7520 blackberry free theme to technology. If it ratifies anything, it ratifies the Betamax doctrine. The various defenses and exceptions 7520 blackberry free theme by petitioners 7520 blackberry free theme do not evidence the existence of liability. As Senator Blackberry 7520 theme 7520 blackberry free theme 7520 blackberry free theme, "[I]ndeed, the Copyright Act contains blackberry 7520 theme scores of blackberry 7520 theme exemptions, and none of those exemptions have been or should be construed to blackberry 7520 theme anything about the legality of conduct 7520 blackberry free theme outside their scope." 151 CONG. R EC. S482 (blackberry 7520 themes ed. Jan. 25, 2005).
By: Blackberry 7520 themes | Sat, 22 Mar 08 15:22:59 +0000 | | | blackberry 7520 themes 7520 blackberry free theme blackberry 7520 theme blackberry 7520 themes 7520 blackberry free theme 7520 blackberry free theme blackberry 7520 themes blackberry 7520 theme blackberry 7520 theme blackberry 7520 themes blackberry 7520 themes blackberry 7520 theme blackberry 7520 themes 7520 blackberry free theme 7520 blackberry free theme 7520 blackberry free theme blackberry 7520 themes 7520 blackberry free theme blackberry 7520 theme blackberry 7520 themes 7520 blackberry free theme blackberry 7520 themes 7520 blackberry free theme
