{"id":3346,"date":"2020-09-23T17:55:33","date_gmt":"2020-09-23T22:55:33","guid":{"rendered":"http:\/\/askcarterlaw.com\/?p=3346"},"modified":"2020-09-23T18:34:50","modified_gmt":"2020-09-23T23:34:50","slug":"the-notorious-rbg-ginsburgs-impact-on-copyright-and-the-entertainment-industry","status":"publish","type":"post","link":"https:\/\/askcarterlaw.com\/home\/the-notorious-rbg-ginsburgs-impact-on-copyright-and-the-entertainment-industry\/","title":{"rendered":"THE NOTORIOUS RBG: Ginsburg’s Impact on Copyright and the Entertainment Industry"},"content":{"rendered":"

America lost a true legend last week when Supreme Court Justice Ruth Bader Ginsburg passed away.<\/p>\n

Ginsburg, also known as the \u201cNotorious RBG,\u201d has had her story told many times in the media with books and films including\u00a0RBG\u00a0<\/em>and On the Basis of Sex<\/em>.\u00a0 Ginsburg advocated for many women\u2019s rights, fighting against gender discrimination.\u00a0 In addition to that, she was a strong pro-copyright voice in the Court.<\/p>\n

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Ginsburg gravitated to IP disputes when she was originally appointed to the Supreme Court in 1993.\u00a0 She was heavily involved in multiple important cases.\u00a0She wrote the majority opinion in Eldred v. Ashcroft\u00a0<\/em>(2003), which upheld the 1998 Sonny Bono Copyright Term Extension Act (CTEA).\u00a0 The CTEA extended the copyright terms in the U.S. to last for the life of the author plus 50 years, or 75 years for corporate authorship.<\/p>\n

RBG also worked on Golan v. Holder <\/em>(2012)<\/em>, which focused on copyright protection to foreign parties whose works had entered the public domain.\u00a0 The public domain was declared not untouchable, and Congress may grant protection to previously unprotected works.<\/p>\n

Also in Petrella v. MGM\u00a0<\/em>(2013), involving Martin Scorsese\u2019s film\u00a0Raging Bull<\/em>, Ginsburg shaped who could sue for copyright infringement. \u00a0Her majority opinion concluded that an unreasonable delay in filing a copyright suit should not bar a plaintiff from proceeding.\u00a0 The equitable defense of laches cannot be used to bar a claim of copyright infringement brought within the three-year statute of limitations window.<\/p>\n

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RBG\u2019s absence is likely to impact which future copyright cases the Supreme Court takes on.\u00a0 Right now there is Google v. Oracle<\/em>, the first case to be heard without Ginsburg.\u00a0The issue in Google v. Oracle\u00a0<\/em>is the availability of copyright protection for computer programs. \u00a0This particularly involves the copyright protection of code in Oracle\u2019s Java platform, that Google copied for its Android system. \u00a0The Court is also being asked to review Skidmore v. Led Zeppelin<\/em>, a 9th\u00a0<\/sup>Circuit win for Led Zeppelin\u2019s \u201cStairway to Heaven\u201d allegedly being an infringement of Spirit\u2019s \u201cTaurus.\u201d\u00a0 This case would have been a perfect Ginsburg case, as it would not only tackle the scope of copyright but also social inequities in the system.<\/p>\n

Ginsburg\u2019s copyright views were highly regarded in the entertainment industry.\u00a0 In 2015, she was inducted into the Chiefs in Intellectual Property Hall of Fame for her commitment to the advancement of women in IP and technology careers.\u00a0 Upon her passing, Motion Picture Association Chairman Charles Rivkin put out a statement celebrating her \u201celoquent opinions championing the rights of creators.\u201d\u00a0Ginsburg always had a big voice in these cases.\u00a0 Without her influence, it can be wondered what will change for the copyright and entertainment worlds.<\/p>\n","protected":false},"excerpt":{"rendered":"

America lost a true legend last week when Supreme Court Justice Ruth Bader Ginsburg passed away. Ginsburg, also known as…<\/p>\n","protected":false},"author":11,"featured_media":3349,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[115,1],"tags":[23,1225,1224,1223,260],"_links":{"self":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts\/3346"}],"collection":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/comments?post=3346"}],"version-history":[{"count":3,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts\/3346\/revisions"}],"predecessor-version":[{"id":3352,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts\/3346\/revisions\/3352"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/media\/3349"}],"wp:attachment":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/media?parent=3346"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/categories?post=3346"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/tags?post=3346"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}