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Copyright at the Supreme Court

The Supreme Court issued two unanimous decisions related to copyright. Although neither is likely to reshape the world of copyright, the Court’s opinions should at least provide more certainty for copyright litigants in the future.

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Why the EU Copyright Directive is a Threat to Fair Use

The Legal Affairs Committee of the European Parliament voted to approve the text of a provisional agreement on the long-debated Copyright Directive. This directive contains some provisions that, if adopted, will change the nature of the web in the EU. The most troubling is Article 13, AKA “upload filters”, which would reverse course on one of the web’s long-standing legal foundations, and risks damaging a fundamental aspect of copyright policy here in the U.S., fair use.

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FOSTA Is Silencing Speakers; DC Court of Appeals Can Stop It

CDT filed an amicus brief in Woodhull v. US, the case that brings a constitutional challenge to the controversial Allowing States and Victims to Fight Online Sex Trafficking Act (FOSTA). This law jeopardizes constitutionally protected speech about sex and sexuality and greatly increases the risk of censorship of lawful speech by online intermediaries.

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Doing the wrong thing for the wrong reasons: Article 13 replaces safe harbors with upload filters, which won’t help artists but will hurt the internet

Parts of the music and movie industry convinced European regulators that there is a “value gap” created by some online services. Although several methods of closing the purported gap were proposed, the worst possible solution, in the form of a copyright reform package, survived and is now close to finalization in the trilogue procedure. As part of a larger renovation of EU copyright policies, Article 13 takes aim at some legal safe harbors internet companies depend on at a fundamental level and imposes obligations, such as automated content filtering, that would change the nature of services that profit from user-uploaded content.

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Reservoir Clogs: Copyright and the Public Domain

CDT is taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. We’re taking one element of the law and addressing what’s at stake, and what we need to do to make sure that copyright promotes creativity and innovation.

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