Posts tagged with: "copyright"
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15 Nov 2011, 6:38 pm
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]
5 Dec 2010, 8:21 pm
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]
14 Jun 2012, 5:00 am
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]
6 Nov 2012, 9:24 am
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]
12 Aug 2011, 6:45 am
Myths about the fair use doctrine, article hereAcademics fighting back....www.dunnington.com 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 Amazon.com and Westlaw (Directory: COPYLITIG) [read post]
14 Sep 2011, 10:05 am
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]
29 Aug 2011, 4:35 am
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]
30 May 2012, 2:50 pm
The Official Blog of Google has announced
a new Copyright RemovalTransparency Policy
at Google Search.
Official Google Blog writes inter alia on May 24, 2012:
"Today we’re expanding the Transparency Report with a new section on copyright. Specifically, we’re disclosing the number of requests we get from copyright owners (and the organizations that represent them) to remove Google Search results because they allegedly link to infringing content. We’re starting with search because we remove… [read post]
2 Jan 2012, 10:06 am
Happy New Year! Start the year right! Register your copyrights: How to Register Your Copyrights Using the eCO System Learn about your rights: Read the "Photographer's Legal Guide" and this blog Unsolicited review: "I will definitely tell every photographer I know about your website and blog and recommend that they consider buying these forms from you, and also both of your books. All of these things are really great and you are providing a huge service to photographers everywhere by making these… [read post]
29 Jun 2010, 6:01 am
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]
26 May 2010, 8:12 am
For a helpful and clear summary of the law regarding statutory damages in copyright litigation take a look at the very recent article by R. Buck McKinney published in the latest edition of Landslide, a publication of the ABA Section of Intellectual Property Law. The article will repay reading. Especially interesting is his discussion of the background surrounding… [read post]
11 Aug 2010, 9:47 am
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]
11 Jun 2010, 8:59 am
Below is the video of Andrew’s PLI talk on April 30 at the 2010 Advance Copyright Seminar. He explains when you must register with the Copyright Office to be entitled to statutory damages; the number of awards of statutory damages you may be entitled to when multiple parties infringe your work multiple times; when your infringed… [read post]
11 Apr 2013, 5:00 am
Mushroom? by Oslo in the Summertime from Flickr
I’m a member of a Facebook group for people to discuss and share instances where other people use their work. Most of the members are nature photographers who do gorgeous work. Most of them have no desire to sue people who steal their work, but they would like to be compensated. And some of them are getting pissed when they find that someone has stolen their work and have started sending bills to people who use their work without permission.
This… [read post]
14 Mar 2011, 11:18 am
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]
24 Mar 2011, 9:25 pm
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]
28 Jun 2010, 9:06 am
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]
2 Sep 2008, 6:16 am
The story of Kevin Cogill, the blogger who posted unreleased tracks from Axl Roses' unreleased Chinese Democracy has seen a lot of coverage over the last week. My thoughts on the matter can be found in the following story at eCommerceTimes.com.Doug Panzer Comments in Blogger Faces Hard Time for Posting Guns N' Roses Music. [read post]
16 Mar 2012, 12:00 am
In an update to our post here, we inform our readers that Congressman Walter Feldman has requested the withdrawal of the so-called Brazilian SOPA bill, which will no longer be voted, at least not for the time being. According to … Continue reading ? [read post]
27 Dec 2012, 4:00 am
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]