Posts tagged with: "copyright"
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31 Dec 1969, 11:00 am by Barry Sookman
Computer and Internet Law Weekly Updates for 2013-06-23 http://t.co/vRSDQDCXEl -> Pink Floyd: Pandora Internet radio royalty ripoff http://t.co/040FErsb17 -> Internet cafe supporters move ahead with referendum challenging new law http://t.co/3gscJpdsAW -> California sends a cease and desist order to the Bitcoin Foundation http://t.co/2i1Cn070Ta -> The CopyCat – tantalising titbits and techno tales http://t.co/Eazkme9DHW -> How I Found Copyright Infringement thru Google Images… [read post]
18 Apr 2014, 1:56 pm by
In an April 11, 2014 ruling, Magistrate Judge James L. Cott recommended an award of $9,000 in statutory damages after an inquest in the plaintiff’s copyright infringement action for the unauthorized use of a celebrity photograph. The plaintiff sought the $9,000 as three times its lost licensing fee of $3,000. Judge Cott found that “trebling the licensing fee . . . is in line with the general approach taken by courts.” The Court also awarded attorneys’ fees and costs. … [read post]
18 Apr 2014, 1:32 pm by Jonathan Bailey
It is Friday again and that means that it is time for another episode of the Copyright 2.0 Show. As we approach the holiday weekend in much of the world, one would think that the copyright news would be slowing down but, as we’ve learned time and time again, the train just keeps on coming. We have news that the Authors Guild has appealed the Google Book Search ruling, RIAA joining the movie studios in suing Megaupload and news that Kim Dotcom may be getting some of his stuff back. In other… [read post]
18 Apr 2014, 10:42 am
New Albany, Indiana - An Indiana copyright attorney for Broadcast Music, Inc. of New York, New York ("BMI"), Sony/ATV Songs LLC, Fall Out Boy, Inc. d/b/a Chicago X Softcore Songs, Beechwood Music Corporation, and Universal Music-Z Tunes LLC d/b/a Universal Music Z Songs sued in the Southern District of Indiana alleging that The Irish Exit, LLC d/b/a The Irish Exit and Matthew McMahan, both of New Albany, Indiana, committed willful copyright infringement. All copyrights-in-suit have been registered… [read post]
18 Apr 2014, 9:52 am by Jonathan Bailey
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Big Labels Take Aim at Pandora on Royalties First off today, Ben Sisario at The New York Times reports that the major record labels, including Sony, Universal and Warner Music, have filed a lawsuit against the Internet streaming service Pandora alleging that the service has refused to pay royalties for pre-1972 sound recordings that it streams. Before 1972, sound recordings were not protected under federal copyright… [read post]
18 Apr 2014, 9:06 am by Cynthia Sanders
Popular author L.J. Smith of the Vampire Diaries series was terminated by her publisher and replaced with a ghostwriter. Some fans are content to continue reading the now ghostwritten series. Other fans are buycotting. What did L.J. Smith do? She is writing new Vampire Diaries stories as “fan fiction”. Fan fiction is understood as meaning stories written by amatuer writers based on their favorite book, television or movie characters. While some media companies routinely prosecute… [read post]
18 Apr 2014, 8:40 am by
A few days have passed since the Court of Justice of the European Union (CJEU) issued its decision in Case C-435/12 ACI Adam [here], ruling that Article 5(2)(b) of the InfoSoc Directive, read in conjunction with paragraph 5 of the same provision [this imported the 3-step test into EU copyright law], must be interpreted as precluding national legislations that do not distinguish the situation in which the source from which a reproduction for private use is made is lawful from that in which… [read post]
18 Apr 2014, 7:27 am by Tonya Gisselberg
Catherine Conrad is an entertainer who performs wearing a giant banana costume.  She was hired to perform a singing telegram at a credit union trade association event.  Conrad authorized audience members to take photos or videos for their personal use only.  Conrad sued several credit unions, some credit union employees and the trade association of credit unions for copyright infringement after audience members posted some of the photos on Facebook and other Internet sites.  The… [read post]
18 Apr 2014, 5:30 am by Barry Sookman
Conviction under DMCA for selling mod chips US v. SILVIUS, Court of Appeals, 6th Circuit 2014http://t.co/qw8bs0GNAv -> Right to publish by electronic means includes ebooks HARPERCOLLINS v. OPEN ROAD INTEGRATED SD New York 2014http://t.co/0fpLNBOtSU -> Click wrap agreement with employee enforceable in NEWELL RUBBERMAID INC. v. Storm, Del: Court of Chancery 2014http://t.co/klK7wDW855 -> Removal of author credits on back of photo violated CMI DMCA provisions LEVEYFILM v. FOX SPORTS ND Illinois… [read post]
17 Apr 2014, 8:15 pm by Dana
This post compares plagiarism and copyright infringement. It is prompted by a Quora question that I answered several months ago. (See Have your ideas or works ever been plagiarized? What happened?) Plagiarism Defined Plagiarism is the wrongful appropriate on another’s work and presenting it as one’s own. One typically thinks of plagiarism occurring in academia or journalism. However, as discussed below, it can occur in other professions, too. Copyright Infringement Defined The holder of… [read post]
17 Apr 2014, 2:55 pm by Kenneth Kunkle
Vivian Maier (February 1, 1926 – April 21, 2009) was a nanny living in Chicago and New York during the 50′s and 60′s.  She was also a photographer whose work involved sizable numbers of photos taken of street scenes.  She was not publicly recognized as an artist until after her death and upon the discovery/purchase of her storage locker which contained over 150,000 unprinted negative, hundreds of rolls of un-developed rolls, along with a few thousand that had  been… [read post]
17 Apr 2014, 2:49 pm by Kenan Farrell
Plaintiff is a Portland, Oregon-based designer/manufacturer/retailer of high quality wool fabrics and apparel, and is known for its unique proprietary fabric and blanket designs. Plaintiff regularly enters into sales contracts with wholesale customers, who must agree that “The Purchaser will not sell the goods or any part thereof, to another dealer or to any other reseller, and will not sell the goods through the Internet without the written consent of [Plaintiff].” The 20 John… [read post]
17 Apr 2014, 2:18 pm by Kenneth Kunkle
After eight years of a trail and the appeals process, on Nov. 14, 2013, U.S. Court of Appeals Judge, Denny Chin, dismissed a suit by the Author’s Guild against Google for its’ digital scanning project where they began scanning millions of books and making snippets (not full books) available in its search results. His full opinion can be read here. The Author’s Guild has filed an appeal. The Author’s Guild claim is that this scanning alone violates those authors’… [read post]
17 Apr 2014, 2:06 pm by Jonathan Bailey
Plagiarism is an ethical misstep in any creative or academic field. However, it is also a field of academic study unto itself and is the subject of studies, research articles and more. Researchers are constantly probing the issue of plagiarism to try and find what the boundaries of plagiarism are, work to reduce the problem and find ways to detect issues that do arise. These are not easy tasks and many of the best minds on plagiarism will be meeting next month at the 6th International Integrity and… [read post]
Interested observers on all sides of the contentious debate over Aereo have focused a great deal on the implications for cloud computing if the Supreme Court rules against Aereo. The Court hears oral argument next week, and the cloud computing issue is sure to make an appearance. Several parties that filed amicus briefs in the case weighed in on the issue. The Center for Democracy & Technology, for example, filed abrief arguing that a ruling against Aereo would hinder the development of cloud… [read post]
17 Apr 2014, 11:46 am by U.S.P.T.O.
The purpose of the roundtables is to engage further with members of the public on the following issues: (1) the legal framework for the creation of remixes; (2) the relevance and scope of the first sale doctrine in the digital environment; and (3) the appropriate calibration of statutory damages in the contexts of individual file sharers and of secondary liability for large-scale infringement. The roundtables, which will be led by USPTO and the National Telecommunications and Information… [read post]
17 Apr 2014, 11:46 am by U.S.P.T.O.
The purpose of the roundtables is to engage further with members of the public on the following issues: (1) the legal framework for the creation of remixes; (2) the relevance and scope of the first sale doctrine in the digital environment; and (3) the appropriate calibration of statutory damages in the contexts of individual file sharers and of secondary liability for large-scale infringement. The roundtables, which will be led by USPTO and the National Telecommunications and Information... [read post]
17 Apr 2014, 9:52 am by Rebecca Tushnet
Int’l Documentary Ass’n brief, now with actual evidence on standard contracts! Makes a nice pair with Netflix’s brief, which cogently criticizes Kozinski’s entirely typical reliance on “facts” not in the record about what standard entertainment contracts are like. [read post]
17 Apr 2014, 9:09 am by Jonathan Bailey
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Justice Alito Rejoins Aereo Supreme Court Case First off Jonathan Handel at The Hollywood Reporter Esquire reports that Supreme Court Justice Samuel Alito has rejoined the Aereo case, from which he had previously recused himself, eliminating the possibility of a 4-4 tie. Aereo is a TV streaming service that uses a series of tiny antennas, one per customer, to capture over-the-air broadcast television and stream it to… [read post]
17 Apr 2014, 8:28 am by Travis Crabtree
We created this infographic for some of our media clients to give them a one-page cheat sheet on the analysis they need to do when trying to decide whether they can use an image from the internet in a pinch. The infographic includes all the caveats because rarely can a legal issue be discerned down to one page with so few words.  In fact, I wrote a three-part series on this very topic last year.   To view this as a pdf, click Use of Images InfoGraphic.   [read post]