Posts tagged with: "copyright"
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3 Jun 2011, 2:15 am by Ray Dowd
This YouTube video is made to appear as if it were created by a pirate cameraman inside a movie theater. Mashable believes that SONY/ Columbia Pictures has faked the copyright infringement as part of a viral marketing campaign. Mashable's take here.So a copyright owner fakes an infringement of its own work to make the movie cool to kids who prefer to watch pirated content? Does it help the analysis if the movie is a about a young female hacker? http://www.dunnington.com/rdowd_bio.html Purchase… [read post]
21 Apr 2011, 7:19 am by Andrew Berger
The BNA Patent, Trademark & Copyright Journal recently published my article dealing with the aftermath of the deadlock in Costco v. Omega. The article analyzes the policy issues in conflict and provides some guidance about how those in the copyright supply chain-manufacturers, importers, distributors and retailers- can protect themselves from claims under Section 602 of the Copyright Act. It is here. [read post]
25 May 2010, 2:57 pm by Andrew Berger
17 U.S.C. § 504 (c)(1) provides for only one award of statutory damages for multiple infringements of one “work.” But many copyright holders do not realize that not all their copyrighted works qualify as “works” for purposes of fixing statutory damages. Eligible for statutory damages are only those works that have an independent economic value and are… [read post]
30 Jun 2010, 2:54 pm by Andrew Berger
The Association of Media Photographers recently asked me to write an article for its members explaining statutory damages in copyright litigation. I wrote the article, published in the spring 2010 ASMP Bulletin, to give copyright holders a basic understanding of what statutory damages are, how copyright holders qualify for statutory damages through registration of their copyrighted works and how courts and… [read post]
23 Jun 2010, 10:25 am by Andrew Berger
Plaintiffs have long chosen to litigate copyright and trademark cases in the federal courts in New York because that is where much of the content and distribution industries are based. But those plaintiffs who seek to litigate in New York for infringing conduct that took place outside that state may lose their chosen forum depending on… [read post]
5 Mar 2013, 10:45 pm by ggartslaw
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: Does all music (if not in public domain) require a mechanical license to be recorded? I don’t quite understand when it is needed and when a person could pay a statutory fee and move forward without permission. Yes, anytime you want to make an audio recording [...] [read post]
20 Feb 2013, 8:25 am by Kenan Farrell
Voltage Pictures, LLC v. Does 1 – 12 Court Case Number: 2:13-cv-00292-SUFile Date: Tuesday, February 19, 2013Plaintiff: Voltage Pictures, LLCPlaintiff Counsel: Carl D. Crowell of Crowell LawDefendant: Does 1 – 12Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of CopyrightCourt: Oregon District CourtJudge: Magistrate Judge Patricia Sullivan View this document on Scribd [read post]
26 Feb 2013, 3:51 pm by Kenan Farrell
Elf-Man, LLC v. Does 1-107 Court Case Number: 3:13-cv-00334-ACFile Date: Tuesday, February 26, 2013Plaintiff: Elf-Man, LLCPlaintiff Counsel: Carl D. Crowell of Crowell LawDefendant: Does 1-107Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of CopyrightCourt: Oregon District CourtJudge: Magistrate Judge John V. Acosta View this document on Scribd [read post]
30 Sep 2010, 4:12 pm by Andrew Berger
I know the title sounds a bit  provocative.  But the opinion in Sony BMG v. Tenenbaum protects a willful music downloader in copyright infringement litigation based on a bizarre interpretation of the Digital Theft Deterrence Act of 1999. Here is my article published in a recent BNA Patent Trademark & Copyright Journal (respectfully) critical of the… [read post]
11 Feb 2014, 9:31 am by Tamera Bennett
Film/TV lawyer Gordon Firemark and Copyright/Trademark lawyer Tamera Bennett cover a “Motley Crew” of topics this month including trademark, copyright, film and tv legal issues surrounding the “Counting Crows,” “Raging Bull,” “Insane Clown Possee,” and “Sherlock Holmes” …. to name a few. [read post]
29 Mar 2013, 5:59 pm by Kenan Farrell
RynoRyder Productions, Inc. v. Does 1-23 Court Case Number: 6:13-cv-00539-TCFile Date: Thursday, March 28, 2013Plaintiff: RynoRyder Productions, Inc.Plaintiff Counsel: Carl D. Crowell, Jonathan T. van Heel of Crowell LawDefendant: Does 1-23Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of CopyrightCourt: Oregon District CourtJudge: Magistrate Judge Thomas M. Coffin View this document on Scribd [read post]
20 Feb 2013, 8:01 am by Kenan Farrell
Voltage Pictures, LLC v. Does 1-371 Court Case Number: 3:13-cv-00295-ACFile Date: Tuesday, February 19, 2013Plaintiff: Voltage Pictures, LLCPlaintiff Counsel: Carl D. Crowell of Crowell LawDefendant: Does 1-371Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of CopyrightCourt: Oregon District CourtJudge: Magistrate Judge John V. Acosta View this document on Scribd [read post]
3 Feb 2012, 2:30 am by Gene Quinn
As for the particulars of SOPA, perhaps there are some who are against the legislation for valid, thoughtful reasons and would like to see something better. That, however, seems to be the substantial minority. Those who are against SOPA seem to want to protect online piracy as if they are entitled to access the creative works of others for free. In economic terms those who steal intellectual property are freeloaders. These freeloaders are just like the many non-productive members of society who… [read post]
31 May 2011, 2:15 am by Ray Dowd
Anti-Counterfeiting Trade Agreement educational video above.More on ACTA here.EFF's take on ACTA here.ACTA final draft here.The European Commission is apparently pushing the European Parliament to drop its skepticism, Techdirt story here.More on why ACTA's secretive nature is problematic here.http://www.dunnington.com/rdowd_bio.html Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here   Find Ray Dowd at Dunnington Bartholow & Miller LLP tweetmeme_source =… [read post]
23 Jun 2010, 10:38 am by Jonathan Bailey
Last week I gave an interview via satellite with Boise TV station KTVB (Note: I had mistakenly said on Twitter it was KBOI) about the Vaughn Ward plagiarism scandal. The interview was part of a larger special on plagiarism in politics and the scandal itself.To recap what had happened, Ward was, at the time, a Republican candidate in the Senate primary. He was accused of plagiarizing President Obama’s speech at the Democratic National Convention in 2004. The accusations were originally made by a… [read post]
16 Apr 2011, 3:01 pm by Ray Dowd
I posted Friday on how YouTube's Copyright School propaganda video flunks copyright law here. Now the Wall Street Journal posts a video where one journalist interviews another journalist about copyright law (below).According to the "journalist" interviewee, YouTube has posted the video because it just wants to communicate that "copyright law is pretty complicated" and wants everyone to be "as educated as possible."Sorry, but journalists working for the same company interviewing each other is not… [read post]
20 Feb 2013, 8:35 am by Kenan Farrell
Voltage Pictures, LLC v. Does 1 – 34 Court Case Number: 1:13-cv-00293-CLFile Date: Tuesday, February 19, 2013Plaintiff: Voltage Pictures, LLCPlaintiff Counsel: Carl D. Crowell of Crowell LawDefendant: Does 1 – 34Cause: Copyright Infringement, Contributory Infringement, Indirect Infringement of CopyrightCourt: Oregon District CourtJudge: Magistrate Judge Mark D. Clarke View this document on Scribd [read post]
21 Jun 2010, 5:31 am by Ray Dowd
If you would like to voice your concern about the pending Anti-Counterfeiting Trade Agreement, a petition is going out soon, to view it and sign up, the link is below:PIJIP: - American University Washington College of LawMy comments on ACTA here  and here.Purchase Copyright Litigation Handbook from West here tweetmeme_source = 'raydowd'; Copyright Litigation Handbook (West 4th Ed. 2009) by Raymond J. Dowd Purchase on Amazon.com and Westlaw (Directory: COPYLITIG) [read post]
22 Aug 2011, 4:35 am by Gene Quinn
With the new school year rapidly approaching I thought I might take this opportunity to provide some answers to questions I am frequently asked relating to copyrights by educators and administrators. I have tried to be as thorough as possible, but thorough and complete answers are well beyond the scope of this article. Complete thoroughness is also difficult any time you are dealing with copyrights, particularly in an educational context, because the creator owns "exclusive rights," but "fair use"… [read post]
5 Feb 2010, 11:16 am by Gene Quinn
Anyone who has spent any time at a political rally or watching video from such a rally on the evening news understands that music and politics go together.  Sometimes they mix well, for example when Bruce Springsteen is playing live for INSERT LIBERAL DEMOCRAT HERE, and sometimes they do not mix very well, almost like [...] [read post]