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.
Showing posts with label Internet. Show all posts
Showing posts with label Internet. Show all posts
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
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.
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.
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.
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.
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.
Monday, September 12, 2011
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
Thursday, September 8, 2011
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.”
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.
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