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

Friday, November 22, 2024

Eddy Grant And Donald Trump Settle Copyright Lawsuit Over Use Of ‘Electric Avenue’ In Campaign Video; Deadline, November 21, 2024

Ted Johnson , Deadline; Eddy Grant And Donald Trump Settle Copyright Lawsuit Over Use Of ‘Electric Avenue’ In Campaign Video

"Eddy Grant and Donald Trump have reached a settlement in the singer’s copyright infringement lawsuit over the Trump campaign’s use of “Electric Avenue” in an online video promoting his 2020 reelection campaign. 

U.S. District Judge John Koetl filed notice that the parties had reached a settlement, but a sum was not disclosed. The judge also wrote that the case was discontinued with prejudice but without costs.

In September, the judge found Trump liable for copyright infringement, leaving unresolved the issue of whether a jury should be convened to decide an amount. Grant has asked for $300,000 and lawyers’ fees in the four-year-old case."

Saturday, November 16, 2024

What Intellectual Property Policies Should We Expect from the Second Trump Administration?; American Enterprise Institute, November 15, 2024

Michael M. Rosen, American Enterprise Institute ; What Intellectual Property Policies Should We Expect from the Second Trump Administration?

"Days after President-Elect Trump announced numerous conventional cabinet appointments, and several highly idiosyncratic ones, we can be forgiven for throwing our hands up rather than trying to forecast how his new administration will handle the most pressing IP issues. But we can certainly try, based on the limited information we have before us.

1. Legislative patent reform...

2. Artificial intelligence (AI) regulation and IP...

3. Pharmaceutical protection"

Wednesday, October 30, 2024

A Harris Presidency Is the Only Way to Stay Ahead of A.I.; The New York Times, October 29, 2024

 THOMAS L. FRIEDMAN, The New York Times; A Harris Presidency Is the Only Way to Stay Ahead of A.I.

"Kamala Harris, given her background in law enforcement, connections to Silicon Valley and the work she has already done on A.I. in the past four years, is up to this challenge, which is a key reason she has my endorsement for the presidency...

I am writing a book that partly deals with this subject and have benefited from my tutorials with Craig Mundie, the former chief research and strategy officer for Microsoft who still advises the company. He is soon coming out with a book of his own related to the longer-term issues and opportunities of A.G.I., written with Eric Schmidt, the former Google C.E.O., and Henry Kissinger, who died last year and worked on the book right up to the end of his life.

It is titled “Genesis: Artificial Intelligence, Hope, and the Human Spirit.” The book invokes the Bible’s description of the origin of humanity because the authors believe that our A.I. moment is an equally fundamental turning point for our species.

I agree. We have become Godlike as a species in two ways: We are the first generation to intentionally create a computer with more intelligence than God endowed us with. And we are the first generation to unintentionally change the climate with our own hands.

The problem is we have become Godlike without any agreement among us on the Ten Commandments — on a shared value system that should guide the use of our newfound powers. We need to fix that fast. And no one is better positioned to lead that challenge than the next U.S. president, for several reasons."

Friday, September 27, 2024

Trump Loses Copyright Suit Over ‘Electric Avenue’ 2020 Campaign Video In Summary Judgement; TechDirt via Above The Law, September 27, 2024

TechDirt via Above The Law; Trump Loses Copyright Suit Over ‘Electric Avenue’ 2020 Campaign Video In Summary Judgement

"During what was essentially a multi-year advertisement for just how absolutely petty, stupid, and disingenuous a political system could possibly be, the 2020 American presidential election also featured a video sent out by the Trump campaign on social media that resulted in a copyright infringement lawsuit. You can see below a news clip that features the video, which is an admittedly fairly funny poke at his then rival, Joe Biden, but which also uses a healthy chunk of the Eddy Grant song Electric Avenue within it.

The Trump campaign used the music without permission. That appears to have pissed off Eddy Grant, who filed a copyright infringement lawsuit against the Trump campaign as a result...

In this case, however, there is no defending this through venue licenses. The song wasn’t played in a venue at all. It was played in a campaign video tweeted out by the campaign. As a result, the Trump campaign’s defense was instead fair use. And, as I detailed in my original post above, the fair use defense in this case is fairly laughable.

The judge overseeing the case apparently agrees, having found for Eddy Grant on summary judgement."

Wednesday, September 25, 2024

Why Do People Like Elon Musk Love Donald Trump? It’s Not Just About Money.; The New York Times, September 25, 2024

  Chris Hughes, The New York Times; Why Do People Like Elon Musk Love Donald Trump? It’s Not Just About Money.

"Mr. Trump appeals to some Silicon Valley elites because they identify with the man. To them, he is a fellow victim of the state, unjustly persecuted for his bold ideas. Practically, he is also the shield they need to escape accountability. Mr. Trump may threaten democratic norms and spread disinformation; he could even set off a recession, but he won’t challenge their ability to build the technology they like, no matter the social cost...

As much as they want to influence Mr. Trump’s policies, they also want to strike back at the Biden-Harris administration, which they believe has unfairly targeted their industry.

More than any other administration in the internet era, President Biden and Ms. Harris have pushed tech companies toward serving the public interest...

Last year, Mr. Andreessen, whose venture capital firm is heavily invested in crypto, wrote a widely discussed “manifesto” claiming that enemy voices of “bureaucracy, vetocracy, gerontocracy” are opposed to the “pursuit of technology, abundance and life.” In a barely concealed critique of the Biden-Harris administration, he argued that those who believe in carefully assessing the impact of new technologies before adopting them are “deeply immoral.”

Mark Zuckerberg Is Done With Politics; The New York Times, September 24, 2024

 Theodore Schleifer and , The New York Times; Mark Zuckerberg Is Done With Politics

"Instead of publicly engaging with Washington, Mr. Zuckerberg is repairing relationships with politicians behind the scenes. After the “Zuckerbucks” criticism, Mr. Zuckerberg hired Brian Baker, a prominent Republican strategist, to improve his positioning with right-wing media and Republican officials. In the lead-up to November’s election, Mr. Baker has emphasized to Mr. Trump and his top aides that Mr. Zuckerberg has no plans to make similar donations, a person familiar with the discussions said.

Mr. Zuckerberg has yet to forge a relationship with Vice President Kamala Harris. But over the summer, Mr. Zuckerberg had his first conversations with Mr. Trump since he left office, according to people familiar with the conversations."

Saturday, September 7, 2024

Trump’s other legal problem: Copyright infringement claims; The Washington Post, September 7, 2024

, The Washington Post; Trump’s other legal problem: Copyright infringement claims

"Music industry experts and copyright law attorneys say the cases, as well as Trump’s decision to continue playing certain songs despite artists’ requests that he desist, underscore the complex legalities of copyright infringement in today’s digital, streaming and licensing era — and could set an important precedent on the of use of popular music in political campaigns."

Wednesday, September 4, 2024

Trump campaign ordered to stop using classic R&B song; Associated Press via Politico, September 3, 2024

 Associated Press via Politico; Trump campaign ordered to stop using classic R&B song; Associated Press via Politico

"A federal judge in Atlanta ruled Tuesday that Donald Trump and his campaign must stop using the song “Hold On, I’m Comin’” while the family of one of the song’s co-writers pursues a lawsuit against the former president over its use.

The estate of Isaac Hayes Jr. filed a lawsuit last month alleging that Trump, his campaign and several of his allies had infringed its copyright and should pay damages. After a hearing on the estate’s request for an emergency preliminary injunction, U.S. District Judge Thomas Thrash ruled that Trump must stop using the song, but he denied a request to force the campaign to take down any existing videos that include the song."

Monday, August 26, 2024

Trump and Associates Set to Face Isaac Hayes’ Estate in Court Over Use of Songwriter’s Music; The Hollywood Reporter, August 26, 2024

 Kevin Dolan, The Hollywood Reporter; Trump and Associates Set to Face Isaac Hayes’ Estate in Court Over Use of Songwriter’s Music

"Team Trump and multiple associations and organizations affiliated with the former president will finally have to appear before a judge to explain its unauthorized use of popular music at the GOP candidate’s rallies and events, which has gone on for years but is being threatened by the estate of recording legend Isaac Hayes, which was granted an emergency injunction in its lawsuit against the former president, according to a Friday social media post from the songwriter’s son.

Team Trump and multiple associations and organizations affiliated with the former president will finally have to appear before a judge to explain its unauthorized use of popular music at the GOP candidate’s rallies and events, which has gone on for years but is being threatened by the estate of recording legend Isaac Hayes, which was granted an emergency injunction in its lawsuit against the former president, according to a Friday social media post from the songwriter’s son."

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.”"