Posts tagged with: "copyright"
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12 Apr 2010, 10:42 am by Ray Dowd
Federico Fellini's La Dolce Vita From WikipediaTwo recent cases underline the importance of being able to prove a written chain of title if you would like to bring a claim for copyright infringement.   If you wish to sue a gay pornographer for making a version of your film (Michael Lucas' La Dolce Vita).  In both International Media Films, Inc. v. Lucas Entertainment, Inc., 2010 WL 125358 (March 31, 2010) and  American Plastic Equipment, Inc. v. Toytrackerz, LLC, 2010 WL 1284471 (March 31,… [read post]
17 Feb 2012, 9:19 am by Andrew Berger
Andrew will moderate a panel discussion at the ABA Litigation Section’s Annual Conference in D.C.  The topic will be “Internet and Social Media in the Forefront: Current Hot Issues and Developments.” The program will take place on Thursday April 19, 2012 between 3-4 pm. Speakers with be Peter Jaszi, Professor of Law at American University Law School; David Perrot, Research Director at Decisionquest; Stanley Pierre-Louis, Vice President and Associate General Counsel for Intellectual Property… [read post]
17 Dec 2010, 6:00 am by Jonathan Bailey
As finals begin to wrap up and students everywhere are turning in their final projects for the semester, the temptation to plagiarize and cheat will, in many cases, be the strongest it has ever been. If you find yourself visited by a demon and an angel, torn in an ethical, practical and philosophical debate, the Web comic Cyanide and Happiness (some comics NSFW) has a suggestion for you, a way to get through this final push without having to resort to plagiarism, self-plagiarism or… [read post]
30 Dec 2013, 7:01 am by Kenan Farrell
This litigation involves the unauthorized use of celebrity photographs on a Fort Wayne country radio station’s website. The lawsuit should serve as a reminder/warning to everyone operating a commercial website to only use photographs that: You own; or You have permission to use; or Are in the public domain. This means going back through old pages and posts and removing/replacing unauthorized images. Failure to do this can result in expensive copyright litigation. If you have any questions… [read post]
25 Feb 2011, 8:07 am by Ray Dowd
BoingBoing reported that Wii came out with an advertisement encouraging young adults to engage in spanking games using the Wii device.   The video was posted by Ubisoft on YouTube here.YouTube now has the message"This video contains content from Ubisoft, who has blocked it in your country on copyright grounds."It is odd that the poster of a video is blocking its own content on copyright grounds. If indeed, that is the grounds, was it a failure to get a synch license for the music for the US… [read post]
22 Apr 2011, 11:00 am by Ray Dowd
Another horrifically bad and misleading copyright video aimed at children. It doesn't mention the US Constitution. It doesn't reference the First Amendment. It refers to fair use as "a bit of a loophole for students and teachers".This one gets a D-. It at least mentions the public domain, a concept left out of a number of the other copyright educational videos.More botched fair use education by YouTube here.Even scarier here.Some hope from a copyright librarian… [read post]
27 May 2011, 11:29 am by Beth Hutchens
Currently, the term for copyright protection is life of the author plus 70 years. To put this into perspective for you, Steamboat Willie initially aired in 1928. The copyright is ruled by the 1909 Act and has a shorter term of protection that the current scheme. Steamboat Willie is due to go into the public domain in 2023 unless Congress extends the copyright term again. I’m not sure if nearly one hundred years is a limited term (almost everybody alive during the initial air date will be dead… [read post]
4 Dec 2011, 10:23 am by Ray Dowd
 Congratulations to Terry Hart for making the 2011 AmLaw Annual Blawg 100 for Copyhype.   Copyhype follows a line of thinking promoted by Ben Sheffner's excellent Copyrights & Campaigns.That means a point of view in the Copyright Wars that espouses the view that copyright owners need more enforcement tools, that copyright law should be strengthened, and that is highly skeptical of the fair use doctrine.   For example, Copyhype supports the Stop Online Piracy Act, my personal views on the… [read post]
14 Jun 2011, 7:07 am by Ray Dowd
In TMTV Corp. v. Mass Productions Inc., ---F.3d---, 2011 WL 2306514 (1st Cir. 2011), the First Circuit considered two competing Puerto Rican television shows 20 Pisos and El Condominio (more on Wikipedia here). As in so many of these stories, the initial brainstorming sessions were not set down in writing, later-produced scripts were the result of the amorphous brainstorming session, and in the end, all claimed copyright.Here, one purported author supplied ideas at the brainstorming session. He lost… [read post]
16 May 2010, 3:59 pm by Ray Dowd
What happens when you in 2005 for infringements that you didn't know about running from 1992 through 2004? Usually, the three-year statute of limitations of the Copyright Act will preclude you from a remedy.  17 USC 507(b).  But what if the infringements were secret and concealed from you as a trade secret? I wrote about the Graham v Haughey case here . End result, infringer whacked for 20 million clams.But do you get prejudgment interest? Another $4.2 million smackers, the May 12 decision… [read post]
27 May 2011, 12:24 pm by Jonathan Bailey
It is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.It was a busy week for copyright news as Patrick and I have to make our way through rapid fire updates on several of the biggest and most important ongoing copyright cases. We get an update on the U.S. Copyright Group, Righthaven, the Bratz case and much, much more.If you’re following the soap opera that is copyright news, this is an episode you do not want to miss.This week’s stories include:U.S.… [read post]
8 Sep 2011, 8:45 am by Jonathan Bailey
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Summit Sues Owner for Copyright Infringement First off today, Summit Entertainment, the movie company behind the “Twilight” movies, is suing the owner of for copyright and trademark infringement. According to Summit, the site repeatedly used photographs, logos and other elements from the Twilight movies without authorization and profited from its use of the information. The site… [read post]
23 Mar 2010, 12:02 pm by Jonathan Bailey
This is just a note that in one week, on March 30th, I’ll be giving a Webcast entitled “. The presentation should last about one hour, including at least some question and answer, and will begin at 10:00am PT / 1:00pm ET.The webcast is sponsored by Digimarc and will focus on the basics of copyright and copyright enforcement on the Web. Specifically, the following areas will be covered.Who should copyright their work;What a copyright protects;Where do you register your copyright;When you post… [read post]
10 May 2011, 1:20 pm by Andrew Berger
Andrew will speak at a program during NY Global Law Week sponsored by the International Section of the NY State Bar Association. The program, focusing on the challenges to international protection of intellectual property, will be held on May 11, 2011 between 3:00 and 5:00 pm and will take place at Andrew’s firm, Tannenbaum Helpern Syracuse & Hirschtritt, 900 3rd Avenue, NY. A description of the more than 15 programs that will take place during Global Law Week is here. Andrew will talk about how… [read post]
21 Apr 2012, 7:05 pm by Kenan Farrell
Fraserside IP LLC v. William Michael Jones et al Court Case Number:    3:12-cv-00699-AC File Date:    Friday, April 20, 2012 Plaintiff:     Fraserside IP LLC Plaintiff Counsel:     Lake J.H. Perriguey of Law Works LLC Defendant:     William Michael Jones, Mindy Jones,,,, La Vista, Chin Holdings China, Marvin Greencarrier, John Does 1 – 100, John Doe Companies 1-100 Cause:    Copyright Infringement, Contributory Copyright… [read post]
6 Oct 2011, 8:59 am by Jonathan Bailey
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: France Acts Against Net Pirates First off today, HADOPI, the French organization that is overseeing that nation’s “three strikes” law, announced that it has some 60 alleged file sharers that are on their third notice and may get their Internet access cut. The organization sent out 650,000 initial warning letters and 44,000 second warnings but, so far, only sixty have ignored both and now face… [read post]
29 Aug 2011, 8:51 am by Jonathan Bailey
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Legislator Calls for Clarifying Copyright Law First off today, Representative John Conyers (D-MI) has called for clarification of termination rights to make it certain who is eligible for copyright termination. Copyright termination allows artists, after 35 years in the case of works created after 1978, to terminate exclusive licenses and copyright transfers they granted others, reclaiming the work. Many musicians… [read post]
7 Dec 2010, 7:01 am
The Copyright Office has extended the comment and reply period for its Notice of Inquiry requesting public input for sound recordings fixed before February 15, 1972. Initial comments due in the Office of the General Counsel of the Copyright Office by January 31, 2011. Reply comments due by March 2, 2011. The Copyright Office prefers that comments be submitted electronically via For more information check out the Federal Register notice regarding this update. A change in… [read post]
30 Mar 2010, 8:18 am by Jonathan Bailey
Though the focus of this site is on copyright and plagiarism issues, there are other legal issues that Webmasters, community administrators and others need to worry about.One of the thornier issues has to do with libel, especially when it involves communities, blog comments or other user-generated content.One such example of this involves the forum site Scubaboard, which was sued for libel by a travel agency that accused it of posting false statements about a tragic incident involving the company… [read post]
25 Oct 2010, 8:49 am by Jonathan Bailey
It is Friday Monday again and that means that it is time for another episode of the Copyright 2.0 Show.It was a busy week for copyright news with several major updates to ongoing cases including the Harry Potter plagiarism allegations, which will now make it to a full trial and Gene Simmons going to war against Anonymous. There were also new stories including another lawsuit round by Blizzard against suspected cheaters and a trademark dispute between two different anti-piracy law firms.This week’s… [read post]