Mr. STEVE ABRAMS (Chairman, Kansas School Board): Obviously, they can copyright words but they can't copyright ideas.
We just can't copyright phrases of how they explain those things.
And all this copying is completely legal, because copyright law doesn't cover apparel design.
"If a box office success is trumpeted in the media on the opening weekend, it makes the public think that copyright theft isn't actually doing any harm, " Carey told CNN.
Some individuals who uploaded films using pseudonymous accounts wrote in the video description box on the Web page that they don't own a copyright.
Covers of covers don't get their own copyright protection as far as the underlying musical composition, Parks said.
And more concretely, Google's filter won't erase the alleged copyright infringement that's already occurred on the site for more than a year.
The defense is hoping that "the Second Circuit or the Supreme Court will see that this restriction on fair use of media doesn't fit with the copyright clause in the Constitution, " she said.
But last fall, the Library of Congress, which has oversight of certain copyright matters, banned the practice if a carrier doesn't give permission, saying cellphones should no longer be exempted from a section of copyright law.
Arland contends that companies who object to the rule haven't had to deal with copyright issues before and are overreacting to the threat.
He also noted that "people have to be aware of very profound differences in copyright law, so you can't just transpose this project to other countries".
The ruling responds to Viacom's appeal of a 2010 case, which stated that YouTube couldn't be held responsible for copyright infringing content uploaded by its users.
Google has argued that the Digital Millennium Copyright Act, an intellectual property law created in 1998, allows sites to host copyrighted content if they aren't aware of it, don't profit from it and remove it at the copyright holder's request.
This has meant that Internet radio stations have a copyright burden that their terrestrial competitors don't, which is one of the additional inequities responsible for congressional interest in changing the law.
That "see no evil" answer isn't likely to please movie studios and other copyright holders.
Alert copyright lawyers could make a killing from an industry that doesn't settle for stealing merely ideas.
It may seem like an artist should get paid if his song, whether a cover or something else, is imitated elsewhere, but this is "one of those holes in the law that just doesn't end up giving the owner of the sound recording copyright much in the way of rights, " Lemley said.
"We've long been concerned that some attorneys would attempt to create a business by cutting corners in mass copyright lawsuits against fans, shaking settlements out of people who aren't in a position to raise legitimate defences, " it added.
YouTube spokesman Ricardo Reyes counters that YouTube doesn't place in-video advertising on any clips that could potentially violate copyright laws, and that the site faces a challenge of content filtering on a much larger scale than other video sites.
One reason they haven't cashed in is that the Fitzgerald estate owns the U.S. copyright on "The Great Gatsby" until 2021.
YouTube trends may have changed over the last few years, but the company's legal standing hasn't: according to a federal judge, the DMCA still protects the streaming site from Viacom's copyright claims.
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