Showing posts with label Donald Trump. Show all posts
Showing posts with label Donald Trump. Show all posts

Tuesday, September 12, 2023

Bob Woodward seeks to end Donald Trump's lawsuit over audiobook; Reuters, September 12, 2023

, Reuters; Bob Woodward seeks to end Donald Trump's lawsuit over audiobook

"The American journalist Bob Woodward is seeking to end former President Donald Trump's nearly $50 million lawsuit for publishing tapes from interviews for Woodward's 2020 best-seller "Rage" as an audiobook.

Woodward, his publisher Simon & Schuster and the publisher's parent Paramount Global (PARA.O) filed a motion to dismiss Trump's lawsuit on Monday in Manhattan federal court, where the case had been transferred last month from Pensacola, Florida."

Thursday, July 6, 2023

Trump Lawyers Argue Copyright Suit Against Woodward, S&S Should Proceed; Publishers Weekly, July 3, 2023

Andrew Albanese, Forbes ; Trump Lawyers Argue Copyright Suit Against Woodward, S&S Should Proceed

"In a filing last week, lawyers for former president Donald Trump argued that Trump's $50 million copyright lawsuit against bestselling author Bob Woodward and publisher Simon & Schuster over the audiobook, The Trump Tapes: The Historical Record, should be allowed to proceed...

Trump's latest filing comes in response to a motion to dismiss by Woodward and S&S, which, among its arguments, insists that because the interviews were conducted while Trump was acting in his capacity as president of the United States, Trump holds no copyright interest in them. Trump's claim "offends the basic principle codified in the Copyright Act that government officials cannot own the words they speak while carrying out official duties," lawyers for Woodward and S&S argue, adding that "President Trump’s unprecedented effort to extract private benefit from his public duties should be dismissed in its entirety.""

Sunday, June 11, 2023

Matt Damon, Ben Affleck's production firm slams Donald Trump for misusing video; UPI, June 10, 2023

Adam Schrader , UPI; Matt Damon, Ben Affleck's production firm slams Donald Trump for misusing video

"Matt Damon and Ben Affleck's production company has slammed Donald Trump for violating its copyright after the former president shared a video that misused a monologue from their latest film, "Air."

Trump had shared a campaign video that used more than two minutes of Damon speaking as Sonny Vaccaro, the sports marketing executive behind Nike's Air Jordan shoe line."

Wednesday, March 15, 2023

Trump Gets Copyright Law Wrong While Defending Release of Jay Leno Letters; Newsweek, March 15, 2023

, Newsweek; Trump Gets Copyright Law Wrong While Defending Release of Jay Leno Letters

"Jane C. Ginsburg, professor of literary and artistic property Law at Columbia University School of Law in New York, previously told Newsweek that the principle that the writers of letters, not the recipients, retain the copyright in the text has been "well-established in copyright law" for hundreds of years.

"Going back to a famous case from 1741, in which poet Alexander Pope sued Edmond Curll for publishing Pope's letters," Ginsburg said. "Pope prevailed. Lord Justice Hardwick announced a distinction between the 'property of the paper' which belonged to the recipient of the letters, and the property in the words, which remained with the writer.""

Thursday, February 2, 2023

Column: How Trump tried to trademark and profit off the phrase ‘Rigged Election!’; Los Angeles Times, February 2, 2023

NICHOLAS GOLDBERG, Los Angeles Times; Column: How Trump tried to trademark and profit off the phrase ‘Rigged Election!’

"Lehrer released records, played the Cambridge coffee shop scene and San Francisco nightclubs and became world famous before mostly disappearing from public view and going back to being a math teacher, much of the time at UC Santa Cruz. About songwriting, he told the Washington Post: “My head just isn’t there anymore.”

But his songs remained popular and he presumably continued to make money from them.

Then, late in life, he decided he was done profiting from his work. A couple of years ago he announced that he intended to put all his music into the public domain. In late November, he posted another note on his website saying that “all copyrights to lyrics or music written or composed by me have been permanently and irrevocably relinquished.” 

“In short,” he wrote, “I no longer retain any rights to any of my songs. So help yourselves and don’t send me any money.”

OK, I’ll admit I found this moving, an example of a well-known person putting the public good over the private good, at some financial cost to himself. It’s true that Lehrer is in his 90s and, as far as I can tell, has no children, although surely he’s got heirs of one sort or another. Admittedly, this is not as big a deal as if we heard that the songs of Bob Dylan or Paul McCartney were suddenly free for public use (which they aren’t). But Lehrer’s gesture is generous and selfless nevertheless, because the public domain is, in the end, the public domain. 

People who want to use or perform or record or rearrange or tinker with his songs may now do so “without payment or fear of legal action,” Lehrer wrote."

Who Owns Bob Woodward's Trump Interview Recordings?; Law360, February 1, 2023

 Hannah Albaraz, Law360 ; Who Owns Bob Woodward's Trump Interview Recordings?

""Best practice," Reid said, "is to get a release or transfer [of] rights at the outset. The complaint suggests this didn't happen."

Reid, who co-chairs UNC Chapel Hill's Center for Media Law and Policy, said the complaint doesn't paint a full picture of what exactly the parties agreed to before the interviews. She said she is interested to see how Woodward and his publishers respond to Trump's claim seeking declaratory relief regarding ownership of copyrights.

Trump's complaint cites no legal precedent, but it does reference the Compendium of U.S. Copyright Office Practices, which states that if an interviewer or an interviewee seeks to register a copyright for an interview, the individual must have the other person transfer over his or her ownership rights.

The complaint doesn't suggest that either Woodward or Trump did so.

It may be that the U.S. Copyright Office would consider both Trump and Woodward the owners of their respective parts of the interview, and if so, a court may find that Woodward owes Trump some portion of the proceeds from the audiobook.

However, there is at least one case dealing with the ownership of interviews in which a court has held that the interviewer is the copyright owner of an interview."

Friday, January 6, 2023

Trying to Trademark ‘Rigged Election,’ and Other Revelations From the Jan. 6 Transcripts; The New York Times, January 2, 2023

Luke BroadwaterMaggie HabermanAlan Feuer and , The New York Times; Trying to Trademark ‘Rigged Election,’ and Other Revelations From the Jan. 6 Transcripts

The Jan. 6 committee released a whirlwind of documents in its final days and wrapped up its work on Monday. 

"Mr. Trump himself saw the push to overturn the 2020 election as a financial opportunity, moving to trademark the phrase “Rigged Election.”

These were among the latest revelations from the House Jan. 6 committee, which released a whirlwind of documents in its final days and wrapped up its work on Monday."

Tuesday, December 20, 2022

Some of Trump’s New NFTs Look Like Photoshops of Google Search Results; PetaPixel, December 16, 2022

JARON SCHNEIDER, PetaPixel; Some of Trump’s New NFTs Look Like Photoshops of Google Search Results

"After hyping a major announcement, Donald Trump revealed his next major project: NFTs. But reverse image searches of some of the “digital trading cards” revealed them to be edits of clothing easily found in Google search, raising copyright questions...

While these images aren’t what most would consider to be the height of photographic art, they are still photos that are presumably owned by a manufacturer and using images — even e-commerce photos — without permission in this manner brings up copyright questions: it may not be legal, not to mention unethical, to just take photos off web stores, turn them into “art,” and then sell them for $99 each.

Gizmodo says it reached out to the manufacturer of both pieces of clothing to ask if either granted the former U.S. President permission to use their images, but neither immediately responded." 

Sunday, April 3, 2022

She Took the White House Photos. Trump Moved to Take the Profit.; The New York Times, March 31, 2022

Eric Lipton and  , The New York Times; She Took the White House Photos. Trump Moved to Take the Profit.

"There is no legal prohibition on Mr. Trump assembling and publishing photographs that a White House staff member took during his tenure; under federal law, those photographs are considered in the public domain and not subject to copyright. There is a public Flickr account, now managed by the National Archives, that has 14,995 photos from the Trump White House, a third of them listing Ms. Craighead as the photographer."

Wednesday, August 5, 2020

Can Neil Young Sue Donald Trump Into Silence?; Rolling Stone, August 5, 2020

Amy X. Wang, Rolling Stone; Can Neil Young Sue Donald Trump Into Silence?

"The lawsuit is just the latest in a long line of clashes between Young and Trump — dating back to June 2015, when Trump played “Rockin’ in the Free World” after announcing his presidential run. Trump most recently played the Freedom cut at events in Tulsa, Oklahoma and Mount Rushmore, despite Young’s longstanding objection.

But does the musician have a case? “It’s absolutely a license issue,” Gary Adelman — a New York-based entertainment business attorney at Adelman Matz — tells Rolling Stone. He notes that the case will hinge on whether the artist has specifically removed those particular songs from his public performance organization’s blanket licenses: “If he has withdrawn those two particular songs from BMI’s political license program, then the Trump administration does not have a license to play them at a political rally and they have a good case that they will more likely win.”"

Saturday, January 12, 2019

Trump’s bizarre statement on China dishonors us all; The Washington Post, January 11, 2019

Dana Milbank, The Washington Post; Trump’s bizarre statement on China dishonors us all

"Asked an unrelated question on the White House South Lawn on Thursday, Trump volunteered a comparison between Speaker Nancy Pelosi (D-Calif.) and Senate Minority Leader Charles E. Schumer (D-N.Y.) — and the leaders of the People’s Republic of China.

“I find China, frankly, in many ways, to be far more honorable than Cryin’ Chuck and Nancy. I really do,” he said. “I think that China is actually much easier to deal with than the opposition party.”

China, honorable?

China, which is holding a million members of religious minorities in concentration camps for “reeducation” by force?

China, which, according to Trump’s own FBI director, is, by far, the leading perpetrator of technology theft and espionage against the United States and is “using illegal methods” to “replace the U.S. as the world’s leading superpower”?

China, whose state-sponsored hackers were indicted just three weeks ago and accused of a 12-year campaign of cyberattacks on this and other countries?

China, whose ruling Communist Party has caused the extermination of tens of millions of people since the end of World War II, through government-induced famine, the ideological purges of the Cultural Revolution, and in mowing down reformers in Tiananmen Square?

Trump has a strange sense of honor. In April, he bestowed the same adjective on the world’s most oppressive leader, North Korea’s nuclear-armed dictator: “Kim Jong Un, he really has been very open and I think very honorable from everything we’re seeing.”

Now, the president is declaring that China’s dictatorship, by far the world’s biggest international criminal and abuser of human rights and operator of its most extensive police state, is more honorable than his political opponents in the United States.

In Trump’s view, your opponents are your enemies — and your actual enemies are your friends. How can you negotiate with a man who thinks like this?"

Wednesday, September 19, 2018

China is stealing American intellectual property. Trump's tariffs are a chance to stop it; Los Angeles Times, September 17, 2018

Charlene L. Fu and Curtis S. Chin, Los Angeles Times; China is stealing American intellectual property. Trump's tariffs are a chance to stop it

"Whatever else one might think of President Trump’s actions, he is confronting China about its unfair trade practices and theft of American intellectual property when too many others shy away from the truth for fear of Chinese reprisal."

Wednesday, August 29, 2018

Trump’s NAFTA Revision Could Further Extend Copyright Term (Or Not); Comic Book Resources, August 27, 2018

Eirik Gumeny, Comic Book Resources; Trump’s NAFTA Revision Could Further Extend Copyright Term (Or Not)

"An ambiguous press release from the United States government relating to the North American Free Trade Agreement is causing unexpected confusion for authors and copyright lawyers, as one specific document seems to state that the copyright term may be extended to 75 years. The wording, however, is unclear.

Per The Hollywood Reporter, a fact sheet released today by the Office of the U.S. Trade Representative indicated that the “copyright term” — the length of time the creator of a particular work is entitled to certain protective rights — would “extend” to 75 years. Currently, the copyright term is set for the life of the author, plus 70 years."

Sunday, June 24, 2018

Nathan Myhrvold: ‘Nasa doesn’t want to admit it’s wrong about asteroids’; The Observer via The Guardian, June 24, 2018

Zoe Corbyn, The Observer via The Guardian; Nathan Myhrvold: ‘Nasa doesn’t want to admit it’s wrong about asteroids’

"In 2000, you left Microsoft and set up Intellectual Ventures, which primarily buys and licenses patents. The business is often vilified as one of the world’s biggest “patent trolls”. Why do you think people find it so loathsome? 

I fundamentally think what we do is good. It is hard for me to get too worked up about figuring out why it is bad. Any patent holder who enforces their rights gets called a patent troll. Silicon Valley feels very threatened by anything that could challenge its authority. If you are one of the big companies, like Google or Apple, almost no one can challenge you in the market that you’re in. But if somebody has a patent, they can ask for a bunch of money. The more you can get a return from an invention, the better off the world will be. It will lead to more inventions being funded and more inventing...

President Trump is going after China’s intellectual property theft. Given your experience, can he succeed in curbing it? 

The theft of intellectual property by Chinese companies is a very serious issue. It’s not just private companies in China or little companies. A large amount of it is state-owned enterprise. So, it really is the Chinese government doing it. Exactly how to solve that issue, I don’t know. You need the Chinese government to be very serious about it, but so far they haven’t been. In my experience in business, you mostly do better with negotiating in quiet diplomacy, not with brinksmanship. But I’ve never built luxury hotels and golf courses. Maybe it is different there."

Sunday, March 4, 2018

Forget tariffs, China's alleged intellectual property theft a bigger threat to market: Analyst; CNBC, March 2, 2018

, CNBC; Forget tariffs, China's alleged intellectual property theft a bigger threat to market: Analyst

"Trump has said in the past that he's considering a big fine as part of the probe into China's alleged theft.

While Trump did not specify what he meant by a "fine" against China, the 1974 trade law that authorized an investigation into China's alleged theft of U.S. intellectual property allows him to impose retaliatory tariffs on Chinese goods or other trade sanctions until China changes its policies.

If the Chinese are found guilty, [chief investment strategist at ClearBridge Investments Jeffrey] Schulze fears that the nation will retaliate."

Wednesday, August 16, 2017

App iTrump wins trademark fight against Trump Organization; BBC, August 16, 2017

BBC; App iTrump wins trademark fight against Trump Organization

"The creator of iTrump first clashed with the Trump Organization in January 2011, when the billionaire's lawyers alleged the trumpet simulator's name falsely suggested a link to the tycoon.
After defeating this claim, the developer then went on the attack.
And this resulted in the company losing a key trademark of its own last week.
On 11 August, the US Trademark Trial and Appeal Board cancelled the New York-headquartered company's exclusive right to use "Trump" in relation to entertainment services, including reality TV shows.
The ruling followed earlier victories by San Francisco-based Tom Scharfeld, in which he prevented the Trump Organization from owning the exclusive right to use "Trump" in connection with computer games, golf-related mobile apps and music streaming."

Wednesday, February 22, 2017

From Trump the Nationalist, a Trail of Global Trademarks; New York Times, February 21, 2017

Danny Hakim and Sui-Lee Wee, New York Times; 

From Trump the Nationalist, a Trail of Global Trademarks


"The trademarks are the natural outgrowth of a global-spanning strategy. Like any businessman, Mr. Trump has long sought to protect his brand and products legally with trademarks, whether by registering a board game he once tried to sell, slogans like “Make America Great Again” or simply the name “Trump.”

But the trail of trademarks offers further clues to his international business ties, which leave the president vulnerable to potential conflicts of interest, or at least perception challenges. The Chinese government’s trademark announcement last week came just days after Mr. Trump retreated from challenging China’s policy on Taiwan in a call with China’s president, Xi Jinping.

The Times review of nine databases identified nearly 400 foreign trademarks registered to Trump companies since 2000 in 28 countries, among them New Zealand, Egypt and Russia, as well as the European Union. There are most likely many more trademarks, because there is no central repository of all trademarks from every country. The Trump Organization has been filing trademarks for decades, and has said that it has taken out trademarks in more than 80 countries."

Saturday, November 12, 2016

Examining Trump's History: The New President And Trademark Rights; Forbes, 11/10/16

Jess Collen, New York Times; Examining Trump's History: The New President And Trademark Rights:
"What does Mr. Trump’s history of trademark litigation foretell? We’ve made an extensive examination of lawsuits filed, administrative challenges in the Trademark Office, and Trump’s history of trademark registration ownership.
Two of the things about Donald Trump which have become legendary are his love of the “Trump” brand, and his love of litigation. What do his trademark lawsuits and registrations foretell about the course of trademark law in this country for the next four years?"

Sunday, November 6, 2016

Clinton v. Trump on copyrights and patents: Reading the platform and the tea leaves; Ars Technica, 11/6/16

Joe Mullin, Ars Technica; Clinton v. Trump on copyrights and patents: Reading the platform and the tea leaves:
"The hot-button issues this election can be counted on one's fingers—and for most voters, things like copyright and patent policy don't make the list. Assigned to a wonkish zone far from the Sunday morning talk shows, intellectual property issues aren't near the heart of our deeply polarized political discourse.
Of the two major party candidates in 2016, only the Democratic candidate has a platform that even addresses copyright and patent policies. So today, let's look at what we know about Hillary Clinton's plan, and make some informed speculation about what could happen to these areas under a Donald Trump presidency."

Sunday, October 30, 2016

Sorry, Trump. Someone Else Just Got Dibs on the Trump TV Trademark; Fortune, 10/27/16

Tory Newmyer, Fortune; Sorry, Trump. Someone Else Just Got Dibs on the Trump TV Trademark:
"Trump could almost certainly secure the trademark if he wants it. For one, Grabowsky’s declaration that he has no intention of using it will likely prompt the trademark office to decide against awarding it to him, according to Ann Ford, chair of the U.S. trademark, copyright and media practice at DLA Piper. And Trump’s fame gives him another advantage in locking down a trademark with his name on it. “Fame gives you a kind of superpower as a trademark,” Ford says.
But it could take a while...
Over the years, Trump has trademarked a dizzying array of products and events with his name on them, many since failed or abandoned: Donald J. Trump, the Fragrance; Trump Vodka; Trump Power and Trump Fire (both non-alcoholic beverages); Purely Trump and Trump Ice (both bottled waters); Trump Steaks; Trump Style (a lifestyle magazine); Trump Steaks; Trump Shuttle; Trumpnet; and Oysters Trump. And in 1991, he managed to grab a trademark for “Central Park,” which he’s since slapped on everything from parking garages to pillows.
The campaign itself has presented its own branding opportunities. Trump applied to lock down the trademark for his now-signature “Make America Great Again” slogan way back in November 2012, days after Obama won a second term. And he’s kept an eye out since launching his bid. After Texas Sen. Ted Cruz accused him of throwing a “Trumpertantrum” when he finished second in the Iowa caucuses earlier this year, Trump mused about trademarking the term—“before he does.”"