The Center for Democracy and Technology and Computer & Communications Industry Association were among a coalition of almost 30 industry and consumer groups that raised concerns about the European Commission’s approach to consulting on copyright issues, in a letter to EC leaders Tuesday. The EC is to adopt a communication Dec. 9 on its vision for an EU copyright law revamp. The copyright communication’s anticipated adoption would be before the Dec. 30 close of the EC’s larger online platforms consultation, meaning stakeholder comments on that consultation wouldn’t be factored into the copyright communication, the groups said in separate letters to EC First Vice President Frans Timmermans and European Parliament members (here and here). The online platforms consultation “includes some questions on copyright, which had not previously been the subject of consultation,” the groups said in the letters. “However, critical questions dealing with the creation of new, controversial copyrights for publishers are only open to right holders to answer, denying European citizens and relevant stakeholders the right to be heard.” The groups urged the EC and EP to ensure that the copyright communication isn’t released before the end of the online platforms consultations and “that detailed impact assessments are published before legislative proposals.”
Colleges and other educational institutions not affiliated with NPR will see the royalty rates they pay for the use of published nondramatic musical compositions in SESAC’s catalog rise Dec. 24 2 percent to $149 per station, the Copyright Royalty Board said in Tuesday’s Federal Register. The 2 percent rate increase is the cost-of-living adjustment (COLA) that the CRB institutes annually as part of its 2012 regulations governing 2013-2017 royalty payments. COLA-related royalty rate increases are determined by the change in the cost of living calculated by the Bureau of Labor Statistics' Consumer Price Index, but can’t be less than 2 percent annually, the CRB said. BLS said last week that the 2015 cost of living increased 0.2 percent from last year. The CRB also said it’s leaving the royalty rates that satellite carriers pay for a compulsory license unchanged for 2016, based on the BLS’ cost-of-living calculation.
The Electronic Frontier Foundation and Visualizing Impact launched onlinecensorship.org, a platform for documenting the "who, what and why" of content takedowns and collecting examples of censorship around the world, EFF said in a news release Thursday. The website will allow censorship data to be catalogued and analyzed to "unveil trends in content removals, provide insight into the types of content being taken down, and learn how [the] takedowns impact different communities of users," EFF said.
The Patent and Trademark Office officially opened a new regional office in Dallas, it said in a news release Monday. The Dallas office will provide services to inventors and entrepreneurs in Alabama, Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma, Tennessee and Texas, the PTO said. Director Michelle Lee attended the ribbon-cutting ceremony for the final office opened in the PTO's 2012 initiative to create three additional regional centers across each continental U.S. time zone, the agency said. The Silicon Valley, California, regional office opened last month (see 1510160017).
MPAA drew attention to industry-led efforts to address online piracy issues. As House Judiciary Committee members visit California on their copyright "listening tour," MPAA said Monday it isn't encouraging addressing piracy via legislation. House Judiciary Chairman Bob Goodlatte, R-Va., House IP Subcommittee Chairman Darrell Issa, R-Calif., and nine other House Judiciary members are expected to attend one or both of the copyright roundtables planned in California as part of the committee’s Copyright Act review. The two sessions -- one after our deadline Monday at Santa Clara University and another Tuesday at the University of California, Los Angeles -- are likely to draw attention from the wide range of copyright stakeholders present in California (see 1511060052). MPAA Chief-Global Content Protection Dean Marks is set to speak during the UCLA roundtable and House Judiciary members will meet MPAA executives during a private dinner Tuesday. “We are currently focusing our attention on forging cross-industry, voluntary initiatives to ensure a safe and innovative digital environment, rather than seeking a legislative rewrite of copyright policy,” MPAA said in a blog post. Industry stakeholders “have made significant progress working with payment processors” like PayPal to “cut off the flow of subscription and advertising money to pirate sites -- one of the most effective ways of tackling online piracy,” MPAA said. The online advertising industry has joined with MPAA members and others to form the Trustworthy Accountability Group’s Brand Integrity Program Against Piracy to help advertisers “screen out websites that present unacceptably high risks of engaging in copyright or trademark infringement,” MPAA said. Other industry-led efforts include formation of the Copyright Alert System and publicizing the need for attention on “the use of domain names to engage in or facilitate unlawful conduct, and the role that search services play as a gateway by which many users discover and access sites involved in illegal activity,” MPAA said. The group said it supports efforts to “modernize” the Copyright Office and detach it from the Library of Congress. “Copyright is too important to be a secondary issue within the Library’s broader portfolio,” MPAA said. “The time has come to make the Register a nominated and confirmed position as the head of a stand-alone Copyright Office within the legislative branch.”
Fitbit filed a Section 337 complaint with the International Trade Commission, alleging Jawbone is importing wearable activity tracking devices that infringe its patents. The complaint, filed Nov. 2, reacts to similar allegations filed by Jawbone in July (see 1507270026), taking issue with Jawbone’s Up line of fitness trackers. The ITC is asking for comments on the complaint by Nov. 16, it said in a notice in the Federal Register.
Pandora and Sony/ATV Music Publishing signed a multiyear licensing agreement for Sony’s catalog of musical works, the companies said Thursday. Terms weren't disclosed. The direct publishing deal creates “business benefits” for Pandora, while modernizing compensation for Sony/ATV and its songwriters in the U.S., they said. The agreement is a "major step in the right direction to ensure that our songwriters are fairly compensated for the use of their music on streaming services,” said Martin Bandier, Sony/ATV CEO. The agreement means better rates “on one of the most important platforms for music consumption and discovery,” Bandier said. The companies called the deal a “win-win approach to publisher economics.” Sony songwriters will receive “improved performance royalties” while Pandora will benefit from improved rate certainty and the ability to add flexibility to its product offering over time, they said. The agreement doesn't cover public performance royalties that Pandora pays to rights holders of master recordings, said the companies.
Public Knowledge wants Congress to fix what it calls a "broken" process to grant exemptions to the Digital Millennium Copyright Act. DMCA makes it illegal for people to bypass digital locks on copyrighted works such as software that runs many devices. "This means it can keep people from making repairs to the equipment in their car, accessing data from their blood glucose or heart monitors, using their cellphones with a new phone company, and more," said Public Knowledge on its website Wednesday. While the Copyright Office grants exemptions (see 1510280071) to DMCA, Public Knowledge said advocates for blind readers, medical device patients and 3D-printer users have to make their cases for exemptions every three years. "These are just a few of the burdensome and unnecessary locks that consumers should be able to circumvent," said the group, saying the three-year cycle is unnecessary.
Securus recently received three positive rulings in patent infringement cases and inter partes reviews (IPRs) between it and Global Tel*Link (GTL), it said in a news release Wednesday. In an IPR proceeding before the Patent and Trademark Office's Patent Trial and Appeal Board (PTAB), Securus retained the validity of a patent challenged by GTL, it said. Securus also said a court denied GTL's request for damages and attorney fees in a separate case in which GTL alleged Securus improperly filed, and found two GTL patents, which the company claimed Securus infringed upon, weren't patentable. “This appears to be a Pyrrhic victory for Securus. Earlier this week, the Patent Board invalidated yet another Securus patent, which means one less tool for them to use in their trolling practices," a GTL spokeswoman told us. "GTL has successfully prevented Securus from suing any other competitors for three years now. That is good for competition and good for the broader market place."
The Patent and Trademark Office's new San Jose office will host a program on efficient patent prosecution Nov. 17, it said in a news release Monday. The program's three sessions will be on topics including virtual interviewing capabilities, utilizing prior art search tools and using the patent ombudsman to resolve procedural prosecution issues, said the PTO.