Posts tagged with: "copyright"
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19 Jul 2012, 5:00 am by Ruth Carter
Don’t Steal by Uncleweed Last week I posted a blog about my experience sending a Digital Millennium Copyright Act (DMCA) takedown notice to Google. A few questions have come up since I put up the post, and I wanted to address them. When I first noticed that another blogger had taken a photo from my blog and posted it on her site, one of my friends asked me why I sent a DMCA takedown notice instead of just sending her an email. That’s a valid question, and an option I considered.  I chose to… [read post]
4 Nov 2011, 1:17 pm by Ray Dowd
From, as of today:1. IPKat2. Recording Industry vs The People3. Chicago IP Litigation Blog4. Chilling Effects Clearinghouse5. Plagiarism Today6. Likelihood of Confusion7. Internet Cases8. Ruling Imagination: Law and Creativity9. Nolo Presents the Law in Plain English10. Copyright Litigation Blog11. TechnoLlama12. Hearsay Culture13. Copyfight14. Excess Copyright15. Video Game Law Blog16. Ex(c)lusive Rights17. Guiding Rights Blog18. Blawg IT19. eLegal Canton20. TradeMark Express: A Daily… [read post]
24 Mar 2010, 5:43 am by Ray Dowd
I recently posted about the use of the term "music piracy" in a criminal copyright infringement proceeding here.The Tech Dirt Blog reports that the defendant Adil Cassim was acquitted by the jury and joins in the debate about the term "music piracy".Cassim was allegedly part of "Rabid Neurosis" - group that allegedly ripped sound recordings prerelease.  More from here.Copyright Litigation Handbook (West 4th Ed. 2009) by Raymond J. Dowd Available through Amazon and Westlaw (Directory:… [read post]
6 Nov 2012, 9:24 am by Miriam Ballhausen
According to German jurisdiction, WLAN-operators can be held liable for online-infringements on third parties’ rights committed via their connection to the internet. That is, unless the operator duly fulfills his obligation to make sure such infringements cannot and will not … Continue reading ? [read post]
26 Jan 2011, 7:22 am by Andrew Berger
Can users of social media have it both ways? Can they share on Twitter their posted content but still control its commercial exploitation and maybe thereby avoid others infringing their copyrighted content? The recent case of Agence France Presse v. Morel gives photographers and other Twitter content posters limited control under defined circumstances. The case is… [read post]
5 Dec 2010, 8:21 pm by Andrew Berger
The Viacom/YouTube copyright infringement case is a classic, 4-year fight between two media goliaths that is now at  the Second Circuit. Hopefully that court will give some guidance about the scope of safe harbor protections for internet service providers (ISPs) under the Digital Millennium Copyright Act (“DMCA”). Viacom lost the first round when the district court… [read post]
18 May 2010, 9:09 pm by Ray Dowd
Copyright Litigation Handbook author Ray Dowd quoted in Wired Magazine:Copyright Lawsuits Plummet in Aftermath of RIAA Campaign Threat Level tweetmeme_source = 'raydowd'; Copyright Litigation Handbook (West 4th Ed. 2009) by Raymond J. Dowd Purchase on and Westlaw (Directory: COPYLITIG) [read post]
11 Apr 2010, 8:55 am by Ray Dowd
Comment on Copyfight about a great video on Remix culture, Youtube and the battle for creative control over American culture.  Watch it.Copyright Litigation Handbook (West 4th Ed. 2009) by Raymond J. Dowd Available through Amazon and Westlaw (Directory: COPYLITIG) Copyright Litigation Blog now on Twitter [read post]
24 Mar 2011, 9:25 pm by Andrew Berger
The New York Court of Appeals (“Court of Appeals”) delighted the copyright industry on March 24 in the case of Penguin v. American Buddha by allowing New York-based copyright holders to assert digital piracy copyright infringement claims in this state even if the copyright holders suffered no quantifiable injury in N.Y. and even if no infringing… [read post]
14 Mar 2011, 11:18 am by Andrew Berger
First, my apologies to those who want a quick fix on this issue; I have miserably failed to shorten this piece. The conflict between §§ 109(a) and 602 of the Copyright Act divided the Supreme Court in Costco v. Omega as it has vexed the district courts. Because I try… [read post]
29 Aug 2011, 4:35 am by Gene Quinn
As a general rule, a copyright lasts for the life of the creator PLUS another 70 years. So your grandchildren and great-grandchildren can benefit from your creation well after you have left this earth. For the price the rights you obtain with a federal registration are a true bargain! File early and often my friends! You can never have too many copyrights, and invariably if you pick and choose when to file you will wish you had applied for a copyright sooner once someone is infringing. By then… [read post]
12 Aug 2011, 6:45 am by Ray Dowd
Myths about the fair use doctrine, article hereAcademics fighting Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here   Find Ray Dowd at Dunnington Bartholow & Miller LLP tweetmeme_source = 'raydowd'; Copyright Litigation Handbook (West 6th Ed. 2011) by Raymond J. Dowd Purchase on and Westlaw (Directory: COPYLITIG) [read post]
15 Nov 2011, 6:38 pm by Gene Quinn
On November 9, 2011, the United States District Court for the Eastern District of California, per Senior Judge Terry J. Hatter, Jr., granted Costco a summary judgment victory due to the fact that Omega engaged in copyright misuse. Yes, the plot thickened. The district court originally granted summary judgment to Costco on the basis of the first sale doctrine, which was overturned by the Ninth Circuit and then affirmed by the Supreme Court in the tie decision, or non-decision of December 2010. … [read post]
29 May 2013, 1:22 am by ggartslaw
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: I have read your clearly stated articles about mechanical use and rights.  What about “fair use”? Aren’t there specific scenarios where permission is not needed to use a recording of someone else’s music? Beware of what you ask. You are about to open a box whereupon [...] [read post]
27 Dec 2012, 4:00 am by Ruth Carter
This Sewer is Copyrighted by cogdogblog from Flickr My cause for the next year is to encourage independent writers and artists to register the copyrights in their work. If you have a blog, you have to register your content every three months to maximize your options when someone steals your work. I know a lot of people wouldn’t notice if someone stole their content, but what if someone did that to you? What if someone did that to you and it pissed you off? You might want all your options to be… [read post]
11 Aug 2010, 9:47 am by Jonathan Bailey
Last Friday I was given the wonderful opportunity to appear on This Week in Law with host Denise Howell and fellow panelists attorney and lead counsel for Twitter (formerly at Google) Alex Macgillivray, and attorney Kevin Thompson. A slew of topics were discussed ranging from copyright issues to privacy and, as the title indicates, a lot of talk about porn.The podcast lasts about an hour and 15 minutes and you can either listen to it on the TWiL website or view it via the embedded video below:Have a… [read post]
14 Jun 2012, 5:00 am by Ruth Carter
Poor Frog & Macrograpy by Hamed Saber I frequently get questions from people claiming that someone copied a photograph that they own and republished it without their permission. They want to know what their options are for financial recourse. I start by asking them two questions. When did you take the photograph? Did you register your copyright? Most of the time the photograph in question was taken years ago and the photographer didn’t register their copyright.  The majority of artists know… [read post]
29 Jun 2010, 6:01 am by Ray Dowd
In Thomsen v. Famous Dave's of America, 2010 WL 2219051 (8th Cir. May 12, 2010), the Eighth Circuit Court of Appeals found the following provision in a settlement agreement to be a valid copyright assignment:"Al is releasing all copyright, proprietary design and sign work to [Famous Dave's] in all other restaurants that he has worked on with the exception of [signature restaurants]."Quoting the Ninth Circuit, the Court noted:  "A transfer of ownership requires no "magic words" to satisfy… [read post]
14 Sep 2011, 10:05 am by Jonathan Bailey
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Hotfile Turns Tables, Accuses Warner Brothers of DMCA Abuse First off today, file locker site Hotfile, which is already being sued by the major Hollywood studios, is turning the tables and filing a lawsuit against Warner Brothers, accusing the studio of abusing the DMCA process. According to Hotfile, Warner Brothers abused a tool provided Hotfile to quickly remove files from the service. They did this by removing… [read post]
28 Jun 2010, 9:06 am by Andrew Berger
Andrew was recently named to the advisory board of the IP Litigator published by Aspen Publishers. Andrew will be contributing articles about copyright to that publication a few times a year. Aspen describes the IP Litigator as a “must-read for intellectual property litigation and enforcement professionals.” for more information see here [read post]