Tom the Dancing Bug | Link
Friday, October 21, 2011
Thursday, October 20, 2011
Does Warner Bros. Really Have Exclusive Movie Rights to a Story Posted on Reddit? (Analysis)
By Eriq Gardner
THR, Esq. | Article Link
Fledging author James Erwin sold Warner Bros. on movie rights to his short story posted on Reddit. But the user agreement for the news community website could raise some thorny intellectual property questions.
In the annals of Hollywood, there have been many tales of writers realizing their dreams by successfully pitching a studio on a film. But these days, with many studios getting sued left and right for allegedly ripping off ideas from writers, executives have become a lot more careful about unsolicited submissions.
THR, Esq. | Article Link
Fledging author James Erwin sold Warner Bros. on movie rights to his short story posted on Reddit. But the user agreement for the news community website could raise some thorny intellectual property questions.
U.S. Copyright Czar Cozied Up to Content Industry, E-Mails Show
By David Kravets
Wired | Article Link
Top-ranking Obama administration officials, including the U.S. copyright czar, played an active role in secret negotiations between Hollywood, the recording industry and ISPs to disrupt internet access for users suspected of violating copyright law, according to internal White House e-mails.
The e-mails, obtained via the Freedom of Information Act, (.pdf) show the administration’s cozy relationship with Hollywood and the music industry’s lobbying arms and its early support for the copyright-violation crackdown system publicly announced in July.
Wired | Article Link
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| Victoria Espinel, Copyright Czar |
The e-mails, obtained via the Freedom of Information Act, (.pdf) show the administration’s cozy relationship with Hollywood and the music industry’s lobbying arms and its early support for the copyright-violation crackdown system publicly announced in July.
Wednesday, October 19, 2011
Piracy May Be An Indie Filmmaker’s Best Friend
By Anthony Kaufman
Indiewire | Article Link
Piracy might be a filmmaker’s best friend. Or at least not the worst enemy.
Despite the conventional wisdom that BitTorrent websites and illegal downloading are destroying the fabric of entertainment industries, a number of advocates and activists believe that piracy can help independent filmmakers as both a distribution mechanism and promotional tool.
Revenue generation may be another matter, but as “Ink” producer Kiowa Winans says, “The torrent community spread the film everywhere and helped build an audience more effectively than any decent-budget ad campaign could have.”
Tuesday, October 18, 2011
Viacom and Google Pick Up the Gloves, Again
By Peter Kafka
AllThingsD | Article Link
They’re back!
Viacom and Google, who have been tangling over copyright violations at YouTube since 2007, will be at it again today at a federal courthouse in New York. The two sides will start oral arguments for Viacom’s appeal of the case, which Google won decisively in a 2010 ruling.
In the past both sides have tried digging up evidence to discredit each others’ argument, and while both came up with plenty of embarrassing stuff, they couldn’t find a smoking gun.
AllThingsD | Article Link
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| [Image credit: Sweetheart/Shutterstock] |
Viacom and Google, who have been tangling over copyright violations at YouTube since 2007, will be at it again today at a federal courthouse in New York. The two sides will start oral arguments for Viacom’s appeal of the case, which Google won decisively in a 2010 ruling.
In the past both sides have tried digging up evidence to discredit each others’ argument, and while both came up with plenty of embarrassing stuff, they couldn’t find a smoking gun.
Thursday, October 13, 2011
Why an Allegation That Beyoncé Plagiarized Dance Moves Is Truly Unique (Analysis)
By Eriq Gardner
THR, Esq. | Article Link
A Belgian choreographer is really bucking the trend by accusing the pop star of infringing a copyright to her choreography. How claims over choreography compare to ones made over music, film, and yes, maps.
Pop star Beyoncé is currently defending herself against charges of plagiarizing the work of the Belgian choreographer Anne Teresa De Keersmaeker in the music video, "Countdown."
Since the choreographer went public with charges that Beyoncé plundered movements from two films, Rosas danst Rosas and Achterland, the film's lawyers have contacted Sony about alleged similarities, and there's been tremendous chatter in the press and on blogs about whether the singer is really in legal jeopardy.
THR, Esq. | Article Link
A Belgian choreographer is really bucking the trend by accusing the pop star of infringing a copyright to her choreography. How claims over choreography compare to ones made over music, film, and yes, maps.
Since the choreographer went public with charges that Beyoncé plundered movements from two films, Rosas danst Rosas and Achterland, the film's lawyers have contacted Sony about alleged similarities, and there's been tremendous chatter in the press and on blogs about whether the singer is really in legal jeopardy.
Artists’ Logos Show Reach and Hostility of the Web
By Kevin Drew
New York Times | Article Link
HONG KONG — Few personal journeys can shed as much light on the age we live in as the one traveled by Jonathan Mak in the last week.
Mr. Mak, a university student in Hong Kong, went from being an unknown aspiring graphic designer to an Internet sensation after an image he produced spread rapidly across digital platforms after the death of Steven P. Jobs, the co-founder of Apple.
Mr. Mak’s design of a silhouetted profile of Mr. Jobs in the Apple company logo was shared across the Web and reported by media. And then, nearly as fast, Mr. Mak found himself being vilified.
New York Times | Article Link
HONG KONG — Few personal journeys can shed as much light on the age we live in as the one traveled by Jonathan Mak in the last week.
Mr. Mak’s design of a silhouetted profile of Mr. Jobs in the Apple company logo was shared across the Web and reported by media. And then, nearly as fast, Mr. Mak found himself being vilified.
Wednesday, October 12, 2011
Top 10 Most Pirated Movies of All Time
By Ernesto
TorrentFreak | Article Link
Netflix recently published a list of the ten most rented movies of all time. This got us thinking; what are the most downloaded movies on BitTorrent? Today we present the full chart of the top ten most pirated movies transferred via the now ubiquitous protocol, a list headed by Avatar.
Every day millions of people use BitTorrent to download and share movies. But what are all these people downloading?
For nearly half a decade we have compiled weekly and yearly lists of the most popular downloads, and following on from Netflix’s publication of the most rented movies of all time, we today present the equivalent for BitTorrent downloads.
TorrentFreak | Article Link
Netflix recently published a list of the ten most rented movies of all time. This got us thinking; what are the most downloaded movies on BitTorrent? Today we present the full chart of the top ten most pirated movies transferred via the now ubiquitous protocol, a list headed by Avatar.
For nearly half a decade we have compiled weekly and yearly lists of the most popular downloads, and following on from Netflix’s publication of the most rented movies of all time, we today present the equivalent for BitTorrent downloads.
ZIPped Back Up: Williams-Sonoma Gains Federal Dismissal Of New Jersey Consumer Privacy Claim in Feder
By Valentina Shenderovich
Sheppard Mullin Fashion & Apparel Law Blog | Article Link
In Feder v. Williams-Sonoma Stores, Inc, the United States District Court for the District of New Jersey joined the New Jersey Superior Court in weighing in on the issue of whether a retailer violates consumer privacy state law by requesting a customer's zip code at the point of purchase. Feder was brought by the same plaintiff’s lawyers and with claims similar to those in the state court case Imbert v. Harmon Stores, Inc. (Bed, Bath & Beyond). Imbert was decided last month, but without any written decision, and permitted that case to proceed past the pleading stage. The District Court in Feder, however, issued the first written opinion under the New Jersey statutes, finding that allegations that a zip code was verbally requested could not support a claim under New Jersey law.
Sheppard Mullin Fashion & Apparel Law Blog | Article Link
Monday, October 10, 2011
Stan Lee Media's Attempt To Reclaim 'Conan the Barbarian' Is Called 'Untimely'
By Eriq Gardner
THR, Esq. | Article Link
In August, just as Conan the Barbarian 3D was released, Stan Lee Media Inc. filed a lawsuit in an effort to reclaim ownership on the fictional Conan character. The move by SLMI, which was founded by comic book legend Stan Lee but now operates independently, is part of a larger campaign to put back the pieces from a turbulent bankruptcy from nearly a decade ago.
SLMI believes that finally having a court-recognized board of directors will give it the necessary standing to pursue reclamation of its intellectual property, but the current owners of the Conan character say it's too late.
THR, Esq. | Article Link
SLMI believes that finally having a court-recognized board of directors will give it the necessary standing to pursue reclamation of its intellectual property, but the current owners of the Conan character say it's too late.
Thursday, October 6, 2011
Massive Fine in Denmark’s First Ever ‘Sampling’ Copyright Case
By Peter Stanners
The Copenhagen Post | Article Link
Fears that 750,000 kroner fine could set dangerous precedent for Danish music.
What’s the cost of stealing ten seconds of music? Over a million kroner it turns out. That was the verdict at the end of Denmark’s first ever music copyright case involving sampling that ended last week.
The Copenhagen Post | Article Link
Fears that 750,000 kroner fine could set dangerous precedent for Danish music.
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| Former Djuma Soundsystem member Lars Bjarno (left) with Mikkas Skulstad, the one remaining member. They are liable to pay over a million kroner in damages for sampling a rare fusion-jazz record. They are now appealing the verdict. (Photo: Peter Stanners) |
What’s the cost of stealing ten seconds of music? Over a million kroner it turns out. That was the verdict at the end of Denmark’s first ever music copyright case involving sampling that ended last week.
Wednesday, October 5, 2011
Supreme Court Hears Arguments Over Whether To Restore Many Copyrighted Works To Public Domain
By Eriq Gardner
THR, Esq. | Article Link
The United States Supreme Court today considered arguments in Golan v. Holder, one of the most important copyright cases in the country's history and a case that will decide whether millions of creative works, including early-to-mid 20th century foreign masterpieces from H.G. Wells, Fritz Lang, Frederico Fellini, and Igor Stravinsky, will be copyrighted or in the public domain.
The issue presented in the case is whether the U.S. government wrongfully took many foreign works out of the public domain and violated the free speech rights of the American public by joining an international treaty.
THR, Esq. | Article Link
The issue presented in the case is whether the U.S. government wrongfully took many foreign works out of the public domain and violated the free speech rights of the American public by joining an international treaty.
Tuesday, October 4, 2011
Supreme Court Rejects Internet Music Download Case
By James Vicini
Reuters | Article Link
(Reuters) - The Supreme Court let stand on Monday a ruling that a traditional Internet download of sound recording does not constitute a public performance of the recorded musical work under federal copyright law.
The justices refused to review a ruling by an appeals court in New York that the download itself of a musical work does not fall within the law's definition of a public performance of that work.
Reuters | Article Link
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| The U.S. Supreme Court building seen in Washington May 20, 2009. |
The justices refused to review a ruling by an appeals court in New York that the download itself of a musical work does not fall within the law's definition of a public performance of that work.
US Signs ACTA
By David Kravets
ArsTechnica | Article Link
The United States, Australia, Canada, Japan, Morocco, New Zealand, Singapore, and South Korea signed the Anti-Counterfeiting Trade Agreement on Saturday, an accord targeting intellectual property piracy.
ArsTechnica | Article Link
Monday, October 3, 2011
Copyright Director, Congressman Put Onus on Private Sector to Solve Digital Crisis
By Greg Kot
Chicago Tribune | Article Link
WASHINGTON, D.C. -- Don't hold your breath waiting for an overhaul of U.S. copyright law to reflect the massive changes the Internet has ignited in the way consumers access music.
In a keynote speech delivered Monday at the Future of Music Summit, U.S. Rep. Bob Goodlatte (R, Va.), a member of the House Judiciary Committee and co-chair of the Congressional Internet Caucus, said Congress won't "wipe the slate clean" to address how digital culture has made it easier than ever to distribute, copy, share and reconfigure music, movies, books and other creative works.
Both he and Maria Pallante, the register of copyrights and director of the U.S. Copyright Office, emphasized that the government is not eager to prosecute consumers for infringing activity in the privacy of their homes unless it's particularly egregious. Instead, they focused on a balanced, steady approach to monitoring illegal file-sharing and cracking down on rogue Web sites, most with offshore locations, that profit from contraband digital files.
WASHINGTON, D.C. -- Don't hold your breath waiting for an overhaul of U.S. copyright law to reflect the massive changes the Internet has ignited in the way consumers access music.
In a keynote speech delivered Monday at the Future of Music Summit, U.S. Rep. Bob Goodlatte (R, Va.), a member of the House Judiciary Committee and co-chair of the Congressional Internet Caucus, said Congress won't "wipe the slate clean" to address how digital culture has made it easier than ever to distribute, copy, share and reconfigure music, movies, books and other creative works.
Both he and Maria Pallante, the register of copyrights and director of the U.S. Copyright Office, emphasized that the government is not eager to prosecute consumers for infringing activity in the privacy of their homes unless it's particularly egregious. Instead, they focused on a balanced, steady approach to monitoring illegal file-sharing and cracking down on rogue Web sites, most with offshore locations, that profit from contraband digital files.
60 French ISP Account Holders On Their Third Strike For Internet Piracy
TorrentFreak | Article Link
The French authority tasked with reducing file-sharing has sent out more than 650,000 first-strike warnings in its first 12 months of active operations. Hadopi say that in excess of 44,000 citizens are now on their second strike and 60 Internet subscribers are in the final and most dramatic stage of the controversial “three-strikes” regime.
In place since January 2010, the French solution to unauthorized file-sharing has been met with controversy every step of the way.
The so-called “three strikes” or graduated response scheme sees Internet users formally warned when they are monitored sharing copyrighted material online without the rightholder’s permission.
The French authority tasked with reducing file-sharing has sent out more than 650,000 first-strike warnings in its first 12 months of active operations. Hadopi say that in excess of 44,000 citizens are now on their second strike and 60 Internet subscribers are in the final and most dramatic stage of the controversial “three-strikes” regime.
The so-called “three strikes” or graduated response scheme sees Internet users formally warned when they are monitored sharing copyrighted material online without the rightholder’s permission.
Saturday, October 1, 2011
Piracy: An Illegal Goldmine
By Fred Itua
LEADERSHIP (Nigeria) | Article Link
As the country celebrates her 51st independence anniversary, LEADERSHIP WEEKEND takes a holistic look at the entertainment industry in the country and the menace of piracy. In this investigative analysis, Fred Itua writes on the terror of piracy in the last 50 years and the journey ahead.
God, in His beauty and inexplicable magnificence, after the creation of man, endowed him with natural gifts and talents. As civilisation advanced, men, began to fine-tune ways to make these gifts and talents more economically useful. From huts built with palm fronds, men through the use of their God-given talents, moulded and built edifices that everyone enjoys today. Same in other areas like science and technology, education, health, arts etc. While some were busy harnessing their talents and using them for the advancement of humanity, others embarked on sabotaging the hard work of these geniuses.
LEADERSHIP (Nigeria) | Article Link
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| COSN Member in a Press Conference |
God, in His beauty and inexplicable magnificence, after the creation of man, endowed him with natural gifts and talents. As civilisation advanced, men, began to fine-tune ways to make these gifts and talents more economically useful. From huts built with palm fronds, men through the use of their God-given talents, moulded and built edifices that everyone enjoys today. Same in other areas like science and technology, education, health, arts etc. While some were busy harnessing their talents and using them for the advancement of humanity, others embarked on sabotaging the hard work of these geniuses.
Friday, September 30, 2011
Verizon Sues FCC Over Net Neutrality Rules
By Cecilia Kang
The Washington Post | Article Link
Verizon Communications on Friday sued the Federal Communications Commission to overturn controversial net neutrality rules, saying the regulations are too stringent and go beyond the agency’s authority.
In an ironic twist, the suit comes after a separate legal challenge by Free Press this week that says the rules don’t go far enough to protect wireless customers.
The opposition to the FCC rules portends lengthy legal battles for the agency as it tries to put into effect regulatory goals for the Internet at a time when phone and cable companies are transitioning into broadband services.
In its filing at the U.S. District Court of Appeals for the District of Columbia, Verizon said the rules are illegal.
The Washington Post | Article Link
Verizon Communications on Friday sued the Federal Communications Commission to overturn controversial net neutrality rules, saying the regulations are too stringent and go beyond the agency’s authority.
In an ironic twist, the suit comes after a separate legal challenge by Free Press this week that says the rules don’t go far enough to protect wireless customers.
The opposition to the FCC rules portends lengthy legal battles for the agency as it tries to put into effect regulatory goals for the Internet at a time when phone and cable companies are transitioning into broadband services.
In its filing at the U.S. District Court of Appeals for the District of Columbia, Verizon said the rules are illegal.
Thursday, September 29, 2011
Copyright Office Proposed Rulemaking on Designation of DMCA Agents For Takedown Notices
By Paul Fakler
Title 17 | Article Link
The Copyright Office has announced a proposed rulemaking to update the procedures and requirements for online service providers to designate an agent to receive notices of copyright infringement under the DMCA safe harbor provisions.
One of the key proposed changes is the Office’s move to electronic filing of the designations, which would be stored in a publicly accessible online database. This would be a great improvement over the current paper-based system. The Office also proposes requiring each online service provider to verify the accuracy of the designation every two years, and allowing OSPs to delegate maintenance of the designations to third parties. There are lots of other proposed changes (and lots of new proposed fees), and specific requests for public input.
Title 17 | Article Link
One of the key proposed changes is the Office’s move to electronic filing of the designations, which would be stored in a publicly accessible online database. This would be a great improvement over the current paper-based system. The Office also proposes requiring each online service provider to verify the accuracy of the designation every two years, and allowing OSPs to delegate maintenance of the designations to third parties. There are lots of other proposed changes (and lots of new proposed fees), and specific requests for public input.
Wednesday, September 28, 2011
Can MTV Sue New Jersey For Nixing 'Jersey Shore' Tax Credit? (Analysis)
By Eriq Gardner
THR, Esq. | Article Link
Why Governor Christie would like nothing better than if MTV sued over $420,00 worth of production incentives.
New Jersey governor Chris Christie made headlines Monday by blocking a $420,000 film tax credit that was approved by the state Economic Development Authority to benefit MTV's Jersey Shore. The move went against the advice of the New Jersey State-Ledger, the local newspaper, which advised the politician in an editorial last week to "think twice" about nixing the credit lest the state open itself to an "army of MTV lawyers" that might sue.
Is there really a potential case here?
The local New Jersey newspaper worried that reneging on the promised tax incentive would open the state to to liability for making a decision that was less than "content-neutral."
THR, Esq. | Article Link
Why Governor Christie would like nothing better than if MTV sued over $420,00 worth of production incentives.
Is there really a potential case here?
The local New Jersey newspaper worried that reneging on the promised tax incentive would open the state to to liability for making a decision that was less than "content-neutral."
Wednesday, September 21, 2011
“A Big Win For Artists” or “Another Hit For The Recording Industry”
By Ryan Fox & Bartley Morrisroe
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
Thirty-three years later, a look back at 1978 shows the pop-music industry in fine form. Something for everyone? Check. Nineteen seventy-eight saw the debut of Prince, and The Cars’ first album. The Rolling Stones released Some Girls. There were albums by both Parliament and Funkadelic. Willie Nelson made Stardust. Most of all, the year now impresses as one of great style: Blondie, The Talking Heads. In different circles, Van Halen.
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
Monday, September 19, 2011
Free Speech Shouldn't Be a Shield for Online Thieves
By Mike McCurry & Mark McKinnon, Arts+Labs
FierceTelecom | Article Link
The First Amendment is critical to much of what Americans cherish about our freedom to pursue our own lives of happiness. But the concept of free speech does not include the right of others to steal that speech. This is not an idle question. In the name of "free speech," opposition is organizing around legislation pending in Congress that would shut down rogue website businesses that exist to steal the work of others. Protecting those websites in the name of constitutional free speech rights would be outrageous.
We are not lukewarm First Amendment advocates. One of us went to jail to protect freedom of the press and the other routinely had to defend this freedom to belligerent skeptics on the White House staff. But we believe it is a misuse of the First Amendment to shield rogue websites whose main purpose is distributing illegal copies of intellectual property--counterfeit drugs, business trade secrets, software, music, and movies, to name a few examples. Wittingly or not, providing cover for the crooks will be the result if First Amendment concerns derail legislation such as the "Protect IP Act," a version of which will soon be introduced in the House.
FierceTelecom | Article Link
The First Amendment is critical to much of what Americans cherish about our freedom to pursue our own lives of happiness. But the concept of free speech does not include the right of others to steal that speech. This is not an idle question. In the name of "free speech," opposition is organizing around legislation pending in Congress that would shut down rogue website businesses that exist to steal the work of others. Protecting those websites in the name of constitutional free speech rights would be outrageous.
We are not lukewarm First Amendment advocates. One of us went to jail to protect freedom of the press and the other routinely had to defend this freedom to belligerent skeptics on the White House staff. But we believe it is a misuse of the First Amendment to shield rogue websites whose main purpose is distributing illegal copies of intellectual property--counterfeit drugs, business trade secrets, software, music, and movies, to name a few examples. Wittingly or not, providing cover for the crooks will be the result if First Amendment concerns derail legislation such as the "Protect IP Act," a version of which will soon be introduced in the House.
Sunday, September 18, 2011
Social Media and its Impact on High-Profile Death Penalty Cases
By Hannah Furst
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
Days before his execution, Troy Davis’s guilt is questioned.
In this era, it is impossible to oversee the overwhelming support generated by social media and the far-reaching impact of open media.
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
In this era, it is impossible to oversee the overwhelming support generated by social media and the far-reaching impact of open media.
Friday, September 16, 2011
Appeals Court Reinstates $675,000 File Sharing Verdict
By David Kravets
Wired | Article Link
A federal appeals court on Friday reinstated a whopping $675,000 file sharing verdict that a jury levied against a Boston college student for making 30 tracks of music available on a peer-to-peer network.
The decision by the 1st U.S. Circuit Court of Appeals reverses a federal judge who slashed the award as “unconstitutionally excessive.” U.S. District Judge Nancy Gertner of Boston reduced the verdict to $67,500, or $2,250 for each of the 30 tracks defendant Joel Tenenbaum unlawfully downloaded and shared on Kazaa, a popular file sharing peer-to-peer service. The Recording Industry Association of America and Tenenbaum both appealed in what has been the nation’s second RIAA file sharing case to ever reach a jury.
Wired | Article Link
The decision by the 1st U.S. Circuit Court of Appeals reverses a federal judge who slashed the award as “unconstitutionally excessive.” U.S. District Judge Nancy Gertner of Boston reduced the verdict to $67,500, or $2,250 for each of the 30 tracks defendant Joel Tenenbaum unlawfully downloaded and shared on Kazaa, a popular file sharing peer-to-peer service. The Recording Industry Association of America and Tenenbaum both appealed in what has been the nation’s second RIAA file sharing case to ever reach a jury.
Thursday, September 15, 2011
Harlan Ellison Sues Claiming Fox's 'In Time' Rips Off Sci-Fi Story (Exclusive)
By Eriq Gardner
THR, Esq. | Article Link
Legendary sci-fi author files copyright infringement lawsuit to stop the New Regency movie starring Justin Timberlake and Cillian Murphy.
Science fiction legend Harlan Ellison is attempting to kill a high-profile movie that is scheduled to come out in theaters next month. The Hugo award-winning writer has filed a lawsuit against New Regency and director Andrew Niccol over the 20th Century Fox-distributed film, In Time, starring Justin Timberlake, Amanda Seyfried and Cillian Murphy. He is demanding an injunction to prevent the film's October 28 release and the disposal of all copies of the film.
Wednesday, September 14, 2011
Luxury Status Symbols as Art in “Decepción” Exhibit
By Tracy Ederer
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
I took a trip last Saturday morning to the new exhibit at the Mary Boone Art Gallery, at 745 Fifth Avenue – a gallery smack in the middle of all the glamorous, high-end designer boutiques. They were featuring an exhibit by the talented artist Luis Gispert, entitled “Decepción.”
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
Monday, September 12, 2011
Fox, NBC Agree to End 'American Idol,' 'Deal or No Deal' Lotteries
By Eriq Gardner
THR, Esq. | Article Link
Media companies strike an agreement to resolve class action litigation over text message games run for 'American Idol' and 'Deal or No Deal.' Settlement includes five-year injunction and millions of dollars in pay-outs to contestants and the class action lawyers.
Don't count on seeing any cheesy viewer text message contests on TV anytime soon.
NBC, Fox, and many of the production companies behind some of the most successful reality TV competition shows have agreed to an extraordinary five-year injunction that will prohibit them from operating any contest or sweepstakes where viewers make a submission via text message for the possibility of winning a prize.
THR, Esq. | Article Link
Media companies strike an agreement to resolve class action litigation over text message games run for 'American Idol' and 'Deal or No Deal.' Settlement includes five-year injunction and millions of dollars in pay-outs to contestants and the class action lawyers.
NBC, Fox, and many of the production companies behind some of the most successful reality TV competition shows have agreed to an extraordinary five-year injunction that will prohibit them from operating any contest or sweepstakes where viewers make a submission via text message for the possibility of winning a prize.
How "What What (In the Butt)" Unintentionally Bolstered "Fair Use"
By Nate Anderson
ArsTechnica | Article Link
Wisconsin, state of my birth, I salute you for turning out federal judges like J.P. Stadtmueller. Stadtmueller is the man who waded into the swampland of fair use, South Park, and "What What (In the Butt)" to deliver a July 6 order that may break new judicial territory by citing South Park episode "Osama bin Laden Has Farty Pants" in its footnotes. And Stadtmueller has the proper feel for the absurd needed in any judge about to rule on a case involving the phrase, "You want to do it in my butt, in my butt?" His order opens:
ArsTechnica | Article Link
EU Agrees To Extend Music Copyright To Seventy Years
By Frances Robinson
The Wall Street Journal | Article Link
Of DOW JONES NEWSWIRES
BRUSSELS (Dow Jones) -- European Union members agreed to extend copyright protection for performances of recorded music to seventy years, meaning works by The Beatles, Rolling Stones and Sir Cliff Richard won't come out of copyright in the near future, the EU said Monday in a statement.
"Today's decision to increase the term of protection for musicians' copyright from 50 to 70 years will make a real difference for performers," EU Commissioner for Internal Market and Services Michel Barnier said in a statement. "With increasing life expectancy, the previous 50-year protection term was clearly insufficient."
The move extends the term of protection for performers and producers of musical works from 50 to 70 years from the date of performance. It brings Europe's artists and producers closer into line with the protection offered to authors and composers, whose rights are enforceable for the duration of their life plus 70 years.
The Wall Street Journal | Article Link
Of DOW JONES NEWSWIRES
BRUSSELS (Dow Jones) -- European Union members agreed to extend copyright protection for performances of recorded music to seventy years, meaning works by The Beatles, Rolling Stones and Sir Cliff Richard won't come out of copyright in the near future, the EU said Monday in a statement.
"Today's decision to increase the term of protection for musicians' copyright from 50 to 70 years will make a real difference for performers," EU Commissioner for Internal Market and Services Michel Barnier said in a statement. "With increasing life expectancy, the previous 50-year protection term was clearly insufficient."
The move extends the term of protection for performers and producers of musical works from 50 to 70 years from the date of performance. It brings Europe's artists and producers closer into line with the protection offered to authors and composers, whose rights are enforceable for the duration of their life plus 70 years.
Saturday, September 10, 2011
Court Case Asks if ‘Big Brother’ Is Spelled GPS
By Adam Liptak
New York Times | Article Link
WASHINGTON — The precedent is novel. More precisely, the precedent is a novel.
In a series of rulings on the use of satellites and cellphones to track criminal suspects, judges around the country have been citing George Orwell’s “1984” to sound an alarm. They say the Fourth Amendment’s promise of protection from government invasion of privacy is in danger of being replaced by the futuristic surveillance state Orwell described.
In April, Judge Diane P. Wood of the federal appeals court in Chicago wrote that surveillance using global positioning system devices would “make the system that George Orwell depicted in his famous novel, ‘1984,’ seem clumsy.” In a similar case last year, Chief Judge Alex Kozinski of the federal appeals court in San Francisco wrote that “1984 may have come a bit later than predicted, but it’s here at last.”
New York Times | Article Link
WASHINGTON — The precedent is novel. More precisely, the precedent is a novel.
In a series of rulings on the use of satellites and cellphones to track criminal suspects, judges around the country have been citing George Orwell’s “1984” to sound an alarm. They say the Fourth Amendment’s promise of protection from government invasion of privacy is in danger of being replaced by the futuristic surveillance state Orwell described.
In April, Judge Diane P. Wood of the federal appeals court in Chicago wrote that surveillance using global positioning system devices would “make the system that George Orwell depicted in his famous novel, ‘1984,’ seem clumsy.” In a similar case last year, Chief Judge Alex Kozinski of the federal appeals court in San Francisco wrote that “1984 may have come a bit later than predicted, but it’s here at last.”
Thursday, September 8, 2011
Lionsgate Sued Over Music Used in LeBron James Documentary
By Eriq Gardner
THR, Esq. | Article Link
A songwriter says that his music was used in 'More Than A Game' without permission.
Lionsgate has been hit with a quirky copyright infringement lawsuit over a piece of music used in documentary More Than A Game, which chronicles basketball superstar LeBron James' rise during his high school days in Ohio.
THR, Esq. | Article Link
A songwriter says that his music was used in 'More Than A Game' without permission.
Tech Execs Should Read the PROTECT IP Act Before Attacking It
By Alex Swartsel
MPAA Blog | Article Link
There’s a theme in the series of letters that we’ve seen so far from collections of people opposed to the PROTECT IP Act, including today’s message from tech executives: they convey sweeping, generic concerns that, compared with the actual language of the bill, seem completely unfounded.
Today’s letter announces: “[W]e fear that if PIPA is allowed to become law in its present form, it will hurt economic growth and chill innovation in legitimate services that help people create, communicate, and make money online. … the bill will create uncertainty for many legitimate businesses and in turn undermine innovation and creativity on those services.”
MPAA Blog | Article Link
There’s a theme in the series of letters that we’ve seen so far from collections of people opposed to the PROTECT IP Act, including today’s message from tech executives: they convey sweeping, generic concerns that, compared with the actual language of the bill, seem completely unfounded.
Today’s letter announces: “[W]e fear that if PIPA is allowed to become law in its present form, it will hurt economic growth and chill innovation in legitimate services that help people create, communicate, and make money online. … the bill will create uncertainty for many legitimate businesses and in turn undermine innovation and creativity on those services.”
Tuesday, September 6, 2011
Madonna's 'Material Girl' Trademark Claim Rejected by Judge
By Eriq Gardner
THR, Esq. | Article Link
The singer is fighting a lawsuit brought by an L.A. clothing company, arguing that she was the first to use the phrase in her 1985 hit song.
Madonna might be living in a material world, but her hold on the phrase "Material Girl" is legally dubious.
A federal judge in California has rejected the pop star's argument that she has established trademark primacy over "Material Girl" for a line of clothing just because she created a song by the same name in 1985.
Madonna and her company, Material Girl Brand, are fighting a lawsuit brought last year by LA Triumph, an L.A.-based clothing retailer that claims to have been selling "Material Girl" clothing since 1997 and has a registered trademark.
THR, Esq. | Article Link
The singer is fighting a lawsuit brought by an L.A. clothing company, arguing that she was the first to use the phrase in her 1985 hit song.
A federal judge in California has rejected the pop star's argument that she has established trademark primacy over "Material Girl" for a line of clothing just because she created a song by the same name in 1985.
Madonna and her company, Material Girl Brand, are fighting a lawsuit brought last year by LA Triumph, an L.A.-based clothing retailer that claims to have been selling "Material Girl" clothing since 1997 and has a registered trademark.
The Copyright Infringement Isn’t Theft Trope
By Terry Hart
Copyhype | Article Link
Spend any amount of time reading or talking about copyright and you’re bound to have come across a debate over infringement and theft. Like many internet debates, it is very much a dead horse that has been beaten — I personally have written not one but two posts on the topic — yet the subject never dies.
Case in point: a couple weeks ago, Ben Jones at TorrentFreak resurrected the debate in an article called Copyright Infringement and Theft – The Difference. In it, Jones says, “A common recurring theme in the comments here on TorrentFreak is that P2P file-sharing is ‘stealing’. While such sentiments are often expressed by the industry lobby groups, it’s completely at odds with the law. It could also be the very LAST thing those bodies want.”
Copyhype | Article Link
Spend any amount of time reading or talking about copyright and you’re bound to have come across a debate over infringement and theft. Like many internet debates, it is very much a dead horse that has been beaten — I personally have written not one but two posts on the topic — yet the subject never dies.
Case in point: a couple weeks ago, Ben Jones at TorrentFreak resurrected the debate in an article called Copyright Infringement and Theft – The Difference. In it, Jones says, “A common recurring theme in the comments here on TorrentFreak is that P2P file-sharing is ‘stealing’. While such sentiments are often expressed by the industry lobby groups, it’s completely at odds with the law. It could also be the very LAST thing those bodies want.”
Monday, August 29, 2011
On the Spot Object: 3D Printing and the Intersection of Intellectual Property
By Karen Muiter
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Link
In the future, it may be common to “print” an actual physical object, like a customized piece of jewelry or a replacement part for a bicycle, from a 3D printer in your home garage. Surprised? It may come sooner than you think – and there are intellectual property issues that abound.
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Link
Saturday, August 27, 2011
Copyright Infringement and Theft – The Difference
By Ben Jones
TorrentFreak | Article Link
A common recurring theme in the comments here on TorrentFreak is that P2P file-sharing is ‘stealing’. While such sentiments are often expressed by the industry lobby groups, it’s completely at odds with the law. It could also be the very LAST thing those bodies want.
We get a lot of comments on articles from people saying things like “Yeah, it’s stealing. Just embrace it already” or “Good excuse to steal right?.”
There are editorials in mainstream newspapers that say “Such theft costs the copyright- or trademark-holders billions of dollars each year.”
TorrentFreak | Article Link
A common recurring theme in the comments here on TorrentFreak is that P2P file-sharing is ‘stealing’. While such sentiments are often expressed by the industry lobby groups, it’s completely at odds with the law. It could also be the very LAST thing those bodies want.
There are editorials in mainstream newspapers that say “Such theft costs the copyright- or trademark-holders billions of dollars each year.”
Thursday, August 25, 2011
Trademark Holders Face an Explicit Problem With .XXX Web Domain
By Brian Glaser
Corporate Counsel | Article Link
The keepers of corporate trademarks in many a law department are going to need to have an unusual conversation in the next few weeks: "What should we do about the .xxx domain?"
As ICANN's expansion of generic top-level internet domains (gTLD) goes into effect, one of the first eye-catching gTLDs to take the stage is the clearly defined .xxx, which will be available to companies specializing in "adult entertainment." In other words, pornography is about to get its own corner of the Internet.
So what does this mean for non-porn businesses on the web? "Brand owners are faced with the same situation they face whenever a new domain name ending comes out," says Troy Larson, an IP associate at Ballard Spahr LLP in Philadelphia. "How do I make sure cybersquatters don't register my brand as a domain name and then use it for a nefarious purpose, or just some purpose that creates confusion?"
Corporate Counsel | Article Link
As ICANN's expansion of generic top-level internet domains (gTLD) goes into effect, one of the first eye-catching gTLDs to take the stage is the clearly defined .xxx, which will be available to companies specializing in "adult entertainment." In other words, pornography is about to get its own corner of the Internet.
So what does this mean for non-porn businesses on the web? "Brand owners are faced with the same situation they face whenever a new domain name ending comes out," says Troy Larson, an IP associate at Ballard Spahr LLP in Philadelphia. "How do I make sure cybersquatters don't register my brand as a domain name and then use it for a nefarious purpose, or just some purpose that creates confusion?"
Wednesday, August 24, 2011
Music Biz Runs for Cloud Cover
By Chris Morris
Variety | Article Link
Just eight years after the music industry experienced one of the most radical shifts in its history, it's finding itself on the verge of yet another revolution.
The launch of iTunes in April 2003 certainly didn't introduce digital downloads to consumers (Napster and countless other illegal download sites were thriving at the time), but it legitimized the distribution method and made it profitable for artists and labels. Now Apple -- and a host of other companies -- are hoping customers are willing to walk away entirely from physically owning the music in their collection in favor of the cloud.
Variety | Article Link
The launch of iTunes in April 2003 certainly didn't introduce digital downloads to consumers (Napster and countless other illegal download sites were thriving at the time), but it legitimized the distribution method and made it profitable for artists and labels. Now Apple -- and a host of other companies -- are hoping customers are willing to walk away entirely from physically owning the music in their collection in favor of the cloud.
Pandora Faces Music After Big IPO, Spotify Rivalry
By Mark Walsh
MediaPost | Article Link
Internet radio service Pandora enjoyed a splashy IPO in June, raising nearly $235 million selling shares at $16 apiece. Investors bet big on the digital music startup, despite its lack of profits. Since then, stock markets have gyrated wildly on fears of a double-dip recession and Pandora rival Spotify has made its long-awaited entrance in the U.S. market.
Those factors have contributed to Pandora's stock price sliding back to $12 a share lately, amid fresh concerns about its ad-supported business model as the company prepares to report its first quarterly earnings as a public company on Thursday. Since consumer usage of Pandora is shifting increasingly to mobile, much of investor and analyst scrutiny is focused on how well it will be able to monetize that channel via advertising.
MediaPost | Article Link
Those factors have contributed to Pandora's stock price sliding back to $12 a share lately, amid fresh concerns about its ad-supported business model as the company prepares to report its first quarterly earnings as a public company on Thursday. Since consumer usage of Pandora is shifting increasingly to mobile, much of investor and analyst scrutiny is focused on how well it will be able to monetize that channel via advertising.
Tuesday, August 23, 2011
Win, Lose, or Draw? Mixed Bag in Capitol v. MP3Tunes Decision
By Terry Hart
Copyhype | Article Link
Yesterday’s court opinion from the record labels’ lawsuit against “online music entrepreneur familiar with high-stakes copyright litigation” Michael Robertson’s latest venture is a mixed bag — no big win for either side, though plenty of little items of interest.
Capitol Records v. MP3Tunes, Memorandum and Order, No. 07 Civ. 9931 (SDNY Aug. 22, 2011).
Background on MP3Tunes and this litigation:
Here’s a quick rundown of the court’s holdings on the cross-motions for summary judgment:
Copyhype | Article Link
Yesterday’s court opinion from the record labels’ lawsuit against “online music entrepreneur familiar with high-stakes copyright litigation” Michael Robertson’s latest venture is a mixed bag — no big win for either side, though plenty of little items of interest.
Capitol Records v. MP3Tunes, Memorandum and Order, No. 07 Civ. 9931 (SDNY Aug. 22, 2011).
Background on MP3Tunes and this litigation:
Here’s a quick rundown of the court’s holdings on the cross-motions for summary judgment:
Sunday, August 21, 2011
Internet Theft is a Job-Killer, Too
By Don Henley
USA Today | Article Link
If there is any question about the need for the United States to crack down on foreign websites engaged in criminal commerce, one need only enter keywords such as "MP3," "DVDScreener," or "Oxycontin" into popular search engines and scroll through the countless pages of site listings and sponsored ads.
These listings feature everything from illegal copies of American art and entertainment products to adulterated baby formulas, counterfeit toothpaste containing chemicals found in anti-freeze, and phony medications, including those used to treat high blood pressure and mental illness.
USA Today | Article Link
If there is any question about the need for the United States to crack down on foreign websites engaged in criminal commerce, one need only enter keywords such as "MP3," "DVDScreener," or "Oxycontin" into popular search engines and scroll through the countless pages of site listings and sponsored ads.
These listings feature everything from illegal copies of American art and entertainment products to adulterated baby formulas, counterfeit toothpaste containing chemicals found in anti-freeze, and phony medications, including those used to treat high blood pressure and mental illness.
Friday, August 19, 2011
Anonymous Speech in the Internet Age: The Good, the Bad, and the Uncertainty…
By Elizabeth Morris
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
Have you ever wanted to post bad reviews of a restaurant, but been afraid the restaurant would find out it was you and spit in your food if you decided to give it a second chance? Exactly how anonymous are anonymous postings? Unfortunately for you, it’s likely that a court might say they are hardly anonymous at all. In In re Anonymous Online Speakers, the Ninth Circuit held that the identity of anonymous posters is only afforded limited protection in the context of commercial speech (as opposed to political or religious speech).[1] While the court acknowledged the right to a “robust exchange of ideas” through anonymous Internet speech, it also acknowledged the need to protect businesses from malicious speech. To protect businesses from such defamatory attacks, the Ninth Circuit limited freedom of speech for cases in which comments are potentially harmful to businesses.
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
Thursday, August 18, 2011
Facebook Posting and its Implications on Job Security
By Raquel Goldstein
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
When Facebook originated, it was a web site created for college students to interact with one another. However, as Facebook began to grow in popularity and additional applications became available to interface with it, the individuals permitted to create an account were no longer limited by an .edu email address indicative of a college student, and potential privacy issues have evolved and expanded. Making the decision to post a comment or a picture on Facebook in order to share with friends and family may now result in negative ramifications on a user’s career and personal life.
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
Tuesday, August 16, 2011
The Beginning of the End: The Rise of Custom Domain Names
By David Fernandez
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
The way we navigate the Internet is on the verge of a subtle, but widespread transformation. The familiar domain suffixes, such as .com and .edu, will soon have to contend with a variety of new, subject specific domain names, such as .god or .music. The Internet Corporation for Assigned Names and Numbers (ICANN), the small non-profit group in California that will deal out these new domain names, will soon begin selling-off the most coveted new suffixes to qualified candidates. A fight for ownership of the most coveted domain names, such as .eco (for eco-friendly websites) and .gay, will be the new battleground for Internet supremacy. The high cost for applying for one of these new domain names, $185,000 for the application plus an annual $25,000 fee, ensures that only those applicants with strong financial backing will be able to take part in the bidding war. Those successful applicants can re-sell the domain names for $6-$50 to firms, such as GoDaddy.com, who then re-sell them to the public at a higher price. Generic domain names, such as .sport and .music, could be very lucrative to their owners. However, controversy could arrive when applicants share a common word in opposite sides of a dispute.
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
Friday, August 12, 2011
Illegal Downloading: When Has the Crackdown Gone Too Far?
By Elizabeth Morris
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
College students love music and movies, but they don’t always have the time or the financial means to feed their entertainment interests. Illegal file sharing allows them to download the entertainment they love quickly and easily, without the cost. It is especially prevalent among students on college campuses because of the high-speed Internet access provided by the schools, and the typical low regulation of Internet usage. These factors make it so easy for students to share files that most students don’t even think they are doing anything wrong. How could something that is this easy be illegal, right?
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
Saturday, April 30, 2011
Why The Copyright Industry Isn’t a Legitimate Stakeholder in Copyright
By Rick Falkvinge
Torrent Freak | Article Link
When the copyright monopoly and its future development is discussed, parties called “stakeholders” are frequently invited to discuss its wording and principles. Yet, current lawmakers have forgotten the reason the monopoly exists in the first place.
All through the history of copyright, its motivation has been very clear. In the United States Constitution, it is worded “to promote the progress of science and the useful arts”. But the purpose of the monopoly is to maximize the available culture. Nothing more and nothing less.
Torrent Freak | Article Link
When the copyright monopoly and its future development is discussed, parties called “stakeholders” are frequently invited to discuss its wording and principles. Yet, current lawmakers have forgotten the reason the monopoly exists in the first place.
All through the history of copyright, its motivation has been very clear. In the United States Constitution, it is worded “to promote the progress of science and the useful arts”. But the purpose of the monopoly is to maximize the available culture. Nothing more and nothing less.
Thursday, April 28, 2011
What's at Stake in the Shirelles' Lawsuit Against Warner Bros. Over Broadway's 'Baby It's You'
By Eriq Gardner
THR, Esq. | Article Link
On the day that Warner Bros. premiered its new Broadway musical, Baby It's You, surviving members of pioneering American girl group The Shirelles have filed a lawsuit against the studio for using their names and likenesses in connection with the show.
According to the musical's synopsis, Baby It's You tells the story of Florence Greenberg, the woman who changed the recording world forever when she discovered The Shirelles and created Scepter Records, becoming the music industry's first female powerhouse.
THR, Esq. | Article Link
On the day that Warner Bros. premiered its new Broadway musical, Baby It's You, surviving members of pioneering American girl group The Shirelles have filed a lawsuit against the studio for using their names and likenesses in connection with the show.
According to the musical's synopsis, Baby It's You tells the story of Florence Greenberg, the woman who changed the recording world forever when she discovered The Shirelles and created Scepter Records, becoming the music industry's first female powerhouse.
Is Netflix Reducing Illicit File Sharing? Depends on Which Stats You Believe
By Ryan Singel
Wired | Article Link
Netflix, the DVD-by-mail company that turned into a streaming-movie giant, now has nearly as many subscribers as Comcast. In the evenings, Netflix accounts for more than 40 percent of U.S. bandwidth usage, by some measurements.
Those astounding numbers are leading some to wonder whether Netflix is reducing the amount of peer-to-peer file sharing, once the easiest way to find movies to watch.
Wired | Article Link
 |
Arbor Networks's traffic analysis of IPv4 applications based on payload analysis in a small number of North American consumer providers from August 2010 to February 2011. Courtesy Arbor Networks. |
Netflix, the DVD-by-mail company that turned into a streaming-movie giant, now has nearly as many subscribers as Comcast. In the evenings, Netflix accounts for more than 40 percent of U.S. bandwidth usage, by some measurements.
Those astounding numbers are leading some to wonder whether Netflix is reducing the amount of peer-to-peer file sharing, once the easiest way to find movies to watch.
Wednesday, April 27, 2011
ICE Uses Seized Domains for Best Anti-Piracy Video Ever
By David Kravets
Wired | Article Link
The U.S. Immigration and Customs Enforcement bureau is hoping to lay a little guilt on movie downloaders by dramatizing the stark human toll BitTorrent inflicts on Hollywood boom mic operators … or something.
Wired | Article Link
The U.S. Immigration and Customs Enforcement bureau is hoping to lay a little guilt on movie downloaders by dramatizing the stark human toll BitTorrent inflicts on Hollywood boom mic operators … or something.
Sony Faces Lawsuit, Regulators’ Scrutiny Over PlayStation Breach
By Cliff Edwards, Karen Gullo & Michael Riley
Bloomberg | Article Link
Sony Corp. (SNE)’s network entertainment unit faced a legal and regulatory backlash over delays in telling 77 million subscribers that their personal account data may have been stolen by a hacker.
A lawsuit filed yesterday in federal court in San Francisco alleges the delay left PlayStation console users exposed to losses related to any credit-card data theft. Officials in Connecticut, the U.K. and Ireland began inquiries.
See also: Playstation Network Hack: Who Did It? (Wired)
Bloomberg | Article Link
 |
| The Sony intrusion is the latest in a series of high-profile online security breaches in which customer data has been stolen. Photographer: Robert Gilhooly/Bloomberg |
A lawsuit filed yesterday in federal court in San Francisco alleges the delay left PlayStation console users exposed to losses related to any credit-card data theft. Officials in Connecticut, the U.K. and Ireland began inquiries.
See also: Playstation Network Hack: Who Did It? (Wired)
Friday, April 22, 2011
Apple Reportedly Signs Licenses with Major Music Labels for iTunes Streaming
By Josh Ong
AppleInsider | Article Link
A new report claims that Apple has succeeded in procuring deals with at least two of the four big music labels in the last two months, possibly signaling that the rumored iTunes streaming music service is imminent.
Peter Kafka of All Things Digital reported Thursday that Apple is "actively seeking licenses" for a new cloud-based music locker service and is willing to pay labels for the privilege.
According to Kafka's sources, Apple has inked deals with two of the for major labels, which include Universal Music Group, Warner Music Group, Sony and EMI within the last two months. One source claimed Apple VP Eddy Cue will be in New York on Friday in an attempt to solidify remaining deals.
AppleInsider | Article Link
A new report claims that Apple has succeeded in procuring deals with at least two of the four big music labels in the last two months, possibly signaling that the rumored iTunes streaming music service is imminent.
Peter Kafka of All Things Digital reported Thursday that Apple is "actively seeking licenses" for a new cloud-based music locker service and is willing to pay labels for the privilege.
According to Kafka's sources, Apple has inked deals with two of the for major labels, which include Universal Music Group, Warner Music Group, Sony and EMI within the last two months. One source claimed Apple VP Eddy Cue will be in New York on Friday in an attempt to solidify remaining deals.
Meet the Lawyers Featured in Morgan Spurlock's 'Greatest Movie Ever Sold'
By Jonathan Handel
THR, Esq. | Article Link
The legal experts enlighten and entertain in the product-placement adventure.
“THR, Esq. Presents: The Greatest Blog Post Ever Written,” By Jonathan Handel, Edited by Matthew Belloni, Inspired by Morgan Spurlock’s “Pom Wonderful Presents: The Greatest Movie Ever Sold,” Based Upon a Story Suggestion By Frankfurt Kurnit Klein & Selz PC’s Marc Handelman, and with the Assistance of Block-Korenbrot Public Relations on Behalf of Its Client Sony Pictures Classics.
THR, Esq. | Article Link
The legal experts enlighten and entertain in the product-placement adventure.
Prince Wants to Make Covering Songs Illegal—Specifically, Prince's Songs
By Sean O'Neal
A.V. Club | Article Link
Prince, the world’s biggest Prince fan, has a reputation for maintaining a tyrannical hold over his music, even going so far as to sue his own devotees for using his songs and likenesses in their worshipful websites, and also take them away from toddlers. Now he’s out to extend that imperial control even further, saying during an interview on George Lopez’s Lopez Tonight that he’d like to see the laws changed to ensure that no one can cover one of his songs. Remarking on the compulsory licensing of copyright that allows artists to rework other artists’ hits, Prince said, “That doesn't exist in any other art form, be it books, movies. There's only one version of Law And Order. There's several versions of 'Kiss' and 'Purple Rain'."
A.V. Club | Article Link
Thursday, April 21, 2011
Oh Tenenbaum
By Terry Hart
Copyhype | Article Link
Stories of heroic legal battles, typically involving underdogs fighting against all odds for truth and justice, are popular fodder for books and films.
Gideon’s Trumpet tells the tale of a poor, uneducated man, in and out of jail most of his life, who doggedly pushes his latest conviction all the way to the Supreme Court and wins — in turn, setting the precedent that the Constitutional right to an attorney applies in State courts.
The Buffalo Creek Disaster recounts the aftermath of a devastating coal mining disaster that wiped out a West Virginia town and the efforts of a group of attorneys to hold the mining company responsible for failing to prevent the bursting of the dam.
Copyhype | Article Link
Stories of heroic legal battles, typically involving underdogs fighting against all odds for truth and justice, are popular fodder for books and films.
Gideon’s Trumpet tells the tale of a poor, uneducated man, in and out of jail most of his life, who doggedly pushes his latest conviction all the way to the Supreme Court and wins — in turn, setting the precedent that the Constitutional right to an attorney applies in State courts.
The Buffalo Creek Disaster recounts the aftermath of a devastating coal mining disaster that wiped out a West Virginia town and the efforts of a group of attorneys to hold the mining company responsible for failing to prevent the bursting of the dam.
Obama, FCC Ask for Indecency Ruling
By Ted Johnson
Variety | Article Link
Supreme court decision could set up programming showdown.
The Obama administration and the FCC are asking the Supreme Court to rule on whether its policy of fining broadcasters for indecent material is constitutional, setting up a potential showdown with implications on the government's ability to regulate program content. The Justice Department, acting on behalf of the FCC, filed a write of certiorari with the high court on Thursday, after a federal appeals court earlier this year threw out a $1.2 million fine on ABC stations over a 2003 episode of "NYPD Blue" that showed a brief clip of a woman's naked behind.
Variety | Article Link
Supreme court decision could set up programming showdown.
The Obama administration and the FCC are asking the Supreme Court to rule on whether its policy of fining broadcasters for indecent material is constitutional, setting up a potential showdown with implications on the government's ability to regulate program content. The Justice Department, acting on behalf of the FCC, filed a write of certiorari with the high court on Thursday, after a federal appeals court earlier this year threw out a $1.2 million fine on ABC stations over a 2003 episode of "NYPD Blue" that showed a brief clip of a woman's naked behind.
Wednesday, April 20, 2011
Is There Too Much Free Speech on Facebook? Maybe, Says A Facebook Lobbyist
By Audrey Watters
Read Write Web | Article Link
Rumors have been circulating for some time now that Facebook is poised to make its entry into China - one of the few remaining countries in which the social network has no presence. As it stands, Facebook is currently blocked in China.
But entry into China isn't as simple as unblocking access or launching a Chinese-language version. Should Facebook enter China (or "when Facebook enters China," rather), it is likely it will be required by the Chinese government to censor material and hand over user data.
That requirement is something that Google has struggled with, eventually withdrawing from mainland China last year. While Google remains the largest search engine in the world, that status doesn't extend to China where Baidu dominates. Interestingly, some of the rumors of Facebook's entry into China involve a partnership with the Web services company.
Read Write Web | Article Link
Rumors have been circulating for some time now that Facebook is poised to make its entry into China - one of the few remaining countries in which the social network has no presence. As it stands, Facebook is currently blocked in China.
But entry into China isn't as simple as unblocking access or launching a Chinese-language version. Should Facebook enter China (or "when Facebook enters China," rather), it is likely it will be required by the Chinese government to censor material and hand over user data.
That requirement is something that Google has struggled with, eventually withdrawing from mainland China last year. While Google remains the largest search engine in the world, that status doesn't extend to China where Baidu dominates. Interestingly, some of the rumors of Facebook's entry into China involve a partnership with the Web services company.
Dr. Dre Wins ‘Chronic’ Lawsuit
By Ben Sisario
New York Times | Article Link
Dr. Dre has won a lawsuit against the owners of his former record label, Death Row, over the digital rights and royalties for his hit 1992 album “The Chronic.”
Dr. Dre, whose real name is Andre Young, founded Death Row with Suge Knight, and left the company in 1996. Death Row went into bankruptcy in 2006, and three years later the label’s assets were bought by WIDEawake Entertainment Group. In the suit, filed last year in United States District Court in Los Angeles, Dr. Dre contended that from 1996 until Death Row’s bankruptcy, “not a dime of royalties had been paid,” and that the label had been selling digital versions of “The Chronic” without permission.
New York Times | Article Link
Dr. Dre has won a lawsuit against the owners of his former record label, Death Row, over the digital rights and royalties for his hit 1992 album “The Chronic.”
Dr. Dre, whose real name is Andre Young, founded Death Row with Suge Knight, and left the company in 1996. Death Row went into bankruptcy in 2006, and three years later the label’s assets were bought by WIDEawake Entertainment Group. In the suit, filed last year in United States District Court in Los Angeles, Dr. Dre contended that from 1996 until Death Row’s bankruptcy, “not a dime of royalties had been paid,” and that the label had been selling digital versions of “The Chronic” without permission.
Monday, April 18, 2011
When Appropriation Masquerades as Reconceptualized Art
By Eric Felton
Wall Street Journal | Article Link
Richard Prince has long reveled in his pose as a postmodern pilferer of other people's images—in being what's known as an "appropriation artist." Most famously, in 1980 he began taking pictures of Marlboro Man magazine advertisements—rephotographing them—stripped of logos and text. And now his sticky-fingered status has been officially confirmed by U.S. District Judge Deborah Batts, who slammed him this week for not just appropriating, but misappropriating, dozens of works from another artist. The ruling has the art world's appropriators reeling—one blogger called the ruling "kafkaesque"—as the rarefied, anything-goes realm of conceptual art runs up against the hard-nosed realities of intellectual-property rights.
Wall Street Journal | Article Link
Richard Prince has long reveled in his pose as a postmodern pilferer of other people's images—in being what's known as an "appropriation artist." Most famously, in 1980 he began taking pictures of Marlboro Man magazine advertisements—rephotographing them—stripped of logos and text. And now his sticky-fingered status has been officially confirmed by U.S. District Judge Deborah Batts, who slammed him this week for not just appropriating, but misappropriating, dozens of works from another artist. The ruling has the art world's appropriators reeling—one blogger called the ruling "kafkaesque"—as the rarefied, anything-goes realm of conceptual art runs up against the hard-nosed realities of intellectual-property rights.
Friday, April 15, 2011
Anti-Internet Piracy Laws 'Infringe Human Rights'
By Christopher Williams
The Telegraph | Article Link
Laws designed to block access to piracy websites have been thrown further into doubt after a senior advisor to EU judges suggested such measures could infringe human rights.
Advocate General Pedro Cruz Villalón said similar laws in Belgium brought in to force broadband providers to detect and block unlawful filesharing were “a restriction on the right to respect for the privacy of communications and the right to protection of personal data”.
The Telegraph | Article Link
 |
| ISP and rights holders are discussing a voluntary regime of website blocking. Photo: ALAMY |
Advocate General Pedro Cruz Villalón said similar laws in Belgium brought in to force broadband providers to detect and block unlawful filesharing were “a restriction on the right to respect for the privacy of communications and the right to protection of personal data”.
Thursday, April 14, 2011
How YouTube's New Copyright School Will Work
By Eriq Gardner
THR, Esq. | Article Link
Given its various legal tussels over the years, we found it funny that YouTube is now requiring those who are flagged for copyright abuse to watch a nearly five minute cartoon meant to educate users about the site's copyright policies.
According to YouTube's blog, the company has modified its procedure once a user is notified for putting up a video that allegedly infringes upon someone else's copyrighted material. Under the old system, users got "strikes," and multiple violations could result in an account suspension. YouTube now says that the "one-size-fits-all suspension rule doesn’t always lead to the right result," so it has begun a program whereby flagged users go to "YouTube Copyright School" and can get strikes removed upon successful completion of the program.
THR, Esq. | Article Link
Given its various legal tussels over the years, we found it funny that YouTube is now requiring those who are flagged for copyright abuse to watch a nearly five minute cartoon meant to educate users about the site's copyright policies.
According to YouTube's blog, the company has modified its procedure once a user is notified for putting up a video that allegedly infringes upon someone else's copyrighted material. Under the old system, users got "strikes," and multiple violations could result in an account suspension. YouTube now says that the "one-size-fits-all suspension rule doesn’t always lead to the right result," so it has begun a program whereby flagged users go to "YouTube Copyright School" and can get strikes removed upon successful completion of the program.
Entrepreneurs Plan To Legalize and Monetize Illegal Music
By enigmax
Torrent Freak | Article Link
As millions of tracks continue to be shared online every day without permission from copyright holders, it is clear that the ‘free music’ genie is well and truly out of the bottle. In the hope of returning revenue from these sources, a brave new system is aiming to legalize illicit music – even if it came from a torrent site, cyberlocker or friend’s hard drive.
What if someone came up with a revolutionary new product to turn piracy into profit that didn’t hurt consumers and actually embraced pirates? What if that system thrived on the very existence of illicit music being made available from torrent, cyberlocker and other sites? What if it could monetize the illicit music already available online and elsewhere?
Torrent Freak | Article Link
As millions of tracks continue to be shared online every day without permission from copyright holders, it is clear that the ‘free music’ genie is well and truly out of the bottle. In the hope of returning revenue from these sources, a brave new system is aiming to legalize illicit music – even if it came from a torrent site, cyberlocker or friend’s hard drive.
What if someone came up with a revolutionary new product to turn piracy into profit that didn’t hurt consumers and actually embraced pirates? What if that system thrived on the very existence of illicit music being made available from torrent, cyberlocker and other sites? What if it could monetize the illicit music already available online and elsewhere?
Wednesday, April 13, 2011
With Court Order, FBI Hijacks ‘Coreflood’ Botnet, Sends Kill Signal
By Kim Zetter
Wired | Article Link
Updated 7:30 p.m. with information about the late-afternoon filing from the government, and with comment from EFF.
In an extraordinary intervention, the Justice Department has sought and won permission from a federal judge to seize control of a massive criminal botnet comprising millions of private computers, and deliver a command to those computers to disable the malicious software.
Wired | Article Link
In an extraordinary intervention, the Justice Department has sought and won permission from a federal judge to seize control of a massive criminal botnet comprising millions of private computers, and deliver a command to those computers to disable the malicious software.
Monday, April 11, 2011
Thursday, April 7, 2011
Google Defends Commitment to Copyright At Congressional Hearing Despite Doubts
By Antony Bruno
Billboard | Article Link
Digital piracy took center stage again yesterday, when the House Judiciary Intellectual Property Subcommittee held the second part of a two-part hearing entitled "Promoting Investment and Protecting Commerce Online: Legitimate Sites v. Parasites, Part II."
The main event was the testimony of Google general counsel Kent Walker, who aggressively defended Google's commitment to content protection amid a grilling from the congressional representatives who felt the company needs to do more.
Walker pointed to the Content ID system Google built for YouTube, which scans videos as they are uploaded in real-time and identifies which have copyrighted content. He also pointed out Google's decision to remove the Grooveshark music app from the Android Market, no doubt an action taken with the timing of the testimony in mind.
Billboard | Article Link
Digital piracy took center stage again yesterday, when the House Judiciary Intellectual Property Subcommittee held the second part of a two-part hearing entitled "Promoting Investment and Protecting Commerce Online: Legitimate Sites v. Parasites, Part II."
The main event was the testimony of Google general counsel Kent Walker, who aggressively defended Google's commitment to content protection amid a grilling from the congressional representatives who felt the company needs to do more.
Walker pointed to the Content ID system Google built for YouTube, which scans videos as they are uploaded in real-time and identifies which have copyrighted content. He also pointed out Google's decision to remove the Grooveshark music app from the Android Market, no doubt an action taken with the timing of the testimony in mind.
Wednesday, April 6, 2011
5 Mistakes “Anti-Copyrights” Constantly Make
By Jonathan Bailey
Plagarism Today | Article Link
In the copyright debate, if you listen to the news and what others have to say, there are primarily two sides: Large copyright holders and other copyright extremists who take a maximalist view of the law and anti-copyrights and extreme copyright reformers that seek to either eliminate or drastically reduce copyright.
A few weeks ago I talked about common mistakes I see from the first camp, including ignoring licensing, not looking at other factors, misguided lawsuits, etc. Now it’s time to bring some balance to the discussion and talk about mistakes that the other side seems to be constantly making when presenting their arguments and taking their various legal actions.
Plagarism Today | Article Link
A few weeks ago I talked about common mistakes I see from the first camp, including ignoring licensing, not looking at other factors, misguided lawsuits, etc. Now it’s time to bring some balance to the discussion and talk about mistakes that the other side seems to be constantly making when presenting their arguments and taking their various legal actions.
Disney, Jim Henson Sued Over 'Muppet Workshop' Royalties
By Eriq Gardner
THR, Esq. | Article Link
Ever wonder how muppets procreate? Um, they don't. Children build muppets at FAO Schwarz stores and Disney theme parks and eventually, these muppets go on to tweet themselves silly and star in viral Internet sensations like this Kanye West parody. But back up for a moment. Muppets are born where and how?
The former executive producer of Married ... With Children details muppet genesis in a new lawsuit against the Walt Disney Co., the Jim Henson Co. and The Muppets Studio. The plaintiff claims it was his idea to create a Muppet Workshop, allowing people to design their own Muppets. Disney ran with that idea, he says, and he was stiffed out of his royalty percentage.
THR, Esq. | Article Link
The former executive producer of Married ... With Children details muppet genesis in a new lawsuit against the Walt Disney Co., the Jim Henson Co. and The Muppets Studio. The plaintiff claims it was his idea to create a Muppet Workshop, allowing people to design their own Muppets. Disney ran with that idea, he says, and he was stiffed out of his royalty percentage.
Tuesday, April 5, 2011
The Legal Side of Bob Dylan
By Nate Schweber
New York Times | Article Link
With the lights dimmed and the audience sitting rapt, a man with an acoustic guitar took the stage and sounded the opening chords to Bob Dylan’s “Hurricane.”
But this was no concert; there would be no encores or bows. Mr. Dylan’s powerful lyrics were the focal point, but not so much the performance of them. Instead, this was an examination of how Mr. Dylan’s music has influenced the American judicial system.
New York Times | Article Link
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Photo: Tina Fineberg of the New York Times Pete Kennedy, left, and fellow panelists expounding on Bob Dylan the jurisprudential theorist at Fordham. |
With the lights dimmed and the audience sitting rapt, a man with an acoustic guitar took the stage and sounded the opening chords to Bob Dylan’s “Hurricane.”
But this was no concert; there would be no encores or bows. Mr. Dylan’s powerful lyrics were the focal point, but not so much the performance of them. Instead, this was an examination of how Mr. Dylan’s music has influenced the American judicial system.
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