Conan O'Brien Targeted in Lawsuit Claiming He Lifted Jokes from Twitter; Hollywood Reporter, 7/27/15

Eriq Gardner, Hollywood Reporter; Conan O'Brien Targeted in Lawsuit Claiming He Lifted Jokes from Twitter:

"The new lawsuit comes amid some focus on joke theft on Twitter. This past week, a few jokes published on the media service were removed, apparently at the request of a freelance writer. This led to numerous articles that Twitter was taking joke theft seriously, though it's probably nothing more than an individual submitting a simple form pursuant to the Digital Millennium Copyright Act.

Internet service providers only give light scrutiny towards takedown requests. By expeditiously removing material that's claimed to be a violation of copyright, services like Twitter gain an affirmative defense against copyright liability. Users who have material removed then have the opportunity of submitting a counter-notice, which typically results in restoration and provides notice to the rights holder of whom to sue if there's still a dispute."

State Of Georgia Sues Carl Malamud For Copyright Infringement For Publishing The State's Own Laws; TechDirt.com, 7/24/15

Mike Masnick, TechDirt.com; State Of Georgia Sues Carl Malamud For Copyright Infringement For Publishing The State's Own Laws:

"Two years ago, we wrote about the state of Georgia ridiculously threatening to sue Carl Malamud and his site Public.Resource.org for copyright infringement... for publishing an official annotated copy of the state's laws. This followed on a similar threat from the state of Oregon, which wisely backed down. Malamud has spent the last few years of his life doing wonderful and important work trying to make sure that the laws that we live by are actually available to the public. The specific issue here is that while the basic Georgia legal code is available to the public, the state charges a lot of money for the "Official Code of Georgia Annotated." The distinction here is fairly important -- but it's worth noting that the courts will regularly rely on the annotations in the official code, which more or less makes them a part of the law itself. And then, the question is whether or not the law itself should be subject to copyright restrictions. Malamud has long argued no, while the state has obviously argued yes, probably blinded by the revenue from selling its official copy of the annotated code."

It took two years, but the state has now done the absolutely ridiculous thing of suing Malamud. It is about as ridiculous as you would expect again focusing on the highly questionable claim that the Official Code of Georgia Annotated is covered by federal copyright law -- and that not only was Malamud (*gasp*) distributing it, but also... creating derivative works! Oh no! And, he's such an evil person that he was encouraging others to do so as well!"

Pharrell Williams Acknowledges Similarity to Gaye Song in ‘Blurred Lines’ Case; New York Times, 3/4/15

Ben Sisario and Noah Smith, New York Times; Pharrell Williams Acknowledges Similarity to Gaye Song in ‘Blurred Lines’ Case:

"How closely does Robin Thicke’s hit “Blurred Lines” resemble a classic by Marvin Gaye?

That question is central to a closely watched copyright case here, and on Wednesday, Pharrell Williams, the producer behind “Blurred Lines,” acknowledged a similarity to Gaye’s 1977 song “Got to Give It Up” but denied that there had been any intention to copy it.

“I must have been channeling that feeling, that late-’70s feeling,” Mr. Williams testified in the case, which pits him and Mr. Thicke against the family of Gaye, who died in 1984...

Mr. Busch then asked Mr. Williams whether “Blurred Lines” had a similar “feel” to “Got to Give It Up” and others from its era.

“Feel,” Mr. Williams said, “not infringement.”"

Court Revives Copyright Lawsuit Against Singer Frankie Valli; Associated Press via New York Times, 2/10/15

Associated Press via New York Times; Court Revives Copyright Lawsuit Against Singer Frankie Valli:

"A federal appeals court on Tuesday revived a copyright lawsuit against Frankie Valli and fellow "Four Seasons" band member Robert Gaudio over "Jersey Boys," the popular musical about the band.

Donna Corbello sued Valli and Gaudio in 2011 for copyright infringement, claiming the musical was based in part on an unpublished autobiography of "Four Seasons" band member Thomas DeVito that her late husband ghost-wrote. She said she deserved to share in the profits from the musical's success."

Research Is Just the Beginning: A Free People Must Have Open Access to the Law; Electronic Frontier Foundation, 10/23/14

Corynne McSherry, Electronic Frontier Foundation; Research Is Just the Beginning: A Free People Must Have Open Access to the Law:

"The bad news: the specter of copyright has raised its ugly head. A group of standards-development organizations (SDOs) have banded together to sue Public.Resource.Org, accusing the site of infringing copyright by reproducing and publishing a host of safety codes that those organizations drafted and then lobbied heavily to have incorporated into law. These include crucial national standards like the national electrical codes and fire safety codes. Public access to such codes—meaning not just the ability to read them, but to publish and re-use them—can be crucial when there is an industrial accident; when there is a disaster such as Hurricane Katrina; or when a home-buyer wants to know whether her house is code-compliant. Publishing the codes online, in a readily accessible format, makes it possible for reporters and other interested citizens to not only view them easily, but also to search, excerpt, and generate new insights.

The SDOs argue that they hold a copyright on those laws because the standards began their existence in the private sector and were only later "incorporated by reference" into the law. That claim conflicts with the public interest, common sense, and the rule of law.

With help from EFF and others, Public.Resource.Org is fighting back, and the outcome of this battle will have a major impact on the public interest. If any single entity owns a copyright in the law, it can sell or ration the law, as well as make all sort of rules about when, where, and how we share it."

Copyright infringement suit filed against Led Zeppelin for 'Stairway to Heaven'; CNN, 6/3/14

Lisa Respers France, CNN; Copyright infringement suit filed against Led Zeppelin for 'Stairway to Heaven' :

"A lawsuit has been filed claiming that the iconic Led Zeppelin song "Stairway to Heaven" was far from original.

The suit, filed on May 31 in the United States District Court Eastern District of Pennsylvania, was brought by the estate of the late musician Randy California against the surviving members of Led Zeppelin and their record label. The copyright infringement case alleges that the Zeppelin song was taken from the single "Taurus" by the 1960s band Spirit, for whom California served as lead guitarist...

The estate is seeking court ordered damages and writing credit for California, born Randy Craig Wolfe. Part of the defense includes a printed interview conducted with California prior to his death from drowning in 1997. In the 1997 interview with Listener Magazine, the guitarist claims that some of the music from "Stairway to Heaven" was taken from his group's song.

The Beastie Boys sue Monster Energy Co for copyright infringement; Reuters via New York Times, 5/27/14

John Russell,Reuters via New York Times; The Beastie Boys sue Monster Energy Co for copyright infringement:

"The Beastie Boys take Monster Energy Co to trial over claims the beverage maker used the band's songs without their permission."

Studios hit Megaupload with copyright-infringement lawsuit; Los Angeles Times, 4/7/14

Richard Verrier, Los Angeles Times; Studios hit Megaupload with copyright-infringement lawsuit:

"Hollywood studios are turning the screws on Kim Dotcom, founder of the once infamous piracy website Megaupload.

Several major U.S. studios on Monday filed a lawsuit against Kim Dotcom (a.k.a. Kim Schmitz and Kim Tim Jim Vestor) and others associated with Megaupload, alleging that they encouraged and profited from massive copyright infringement of movies and television shows before they were indicted on federal criminal charges and Megaupload was shut down."

Digital Music Pioneer Is Found Liable in Copyright Suit; New York Times, 3/28/14

Ben Sisario, New York Times; Digital Music Pioneer Is Found Liable in Copyright Suit:

"Michael Robertson, a pioneer in the digital music business who has repeatedly clashed with record companies over legal issues, was found liable this week for $41 million in a long-running federal copyright infringement suit.

Mr. Robertson’s latest conflict with the music industry was over MP3tunes, a company he founded in 2005 and shut down two years ago. MP3tunes let its users back up digital music files on remote services on the Internet — an early version of the so-called cloud lockers that technology giants like Apple and Google offer as part of their standard suite of digital music offerings...

During the MP3tunes trial, Mr. Robertson said that the company canceled the accounts of users who abused the locker system. In a statement on Thursday, he accused the music industry of suing his company “to send a message to others not to partner with us or to emulate our business,” and criticized the system of statutory damages for copyright infringement, which led to charges of up to $100,000 per song.

“I’m still holding out hope that the legal system will end up at the right place,” Mr. Robertson added. “Sometimes it takes a while with new technologies.”"

Prince sues Facebook fans who shared links to live performances for copyright infringment [sic]; Belfast Telegraph, 1/27/14

Jess Denham, Belfast Telegraph; Prince sues Facebook fans who shared links to live performances for copyright infringment [sic]:

"Pop icon Prince is suing fans who posted his live performances on Facebook or blogs - to the tune of £605,000 each.

The "Purple Rain" singer filed a copyright lawsuit on 16 January in the Northern District of California, targeting 22 individuals he believes have committed "massive infringement and bootlegging" of his copyright...

A strong opposer of digital distribution, Prince famously stated his belief that "the internet is completely over" in 2010. He regularly forces video streaming websites such as YouTube and Vine to take down fan-uploaded footage of his concerts."

Dude, You Can’t Copyright That Hookah; Wired.com, 1/9/14

David Kravets, Wired.com; Dude, You Can’t Copyright That Hookah: "A California hookah pipe maker’s copyright infringement lawsuit against a rival went up in smoke today when a federal appeals court ruled that hookahs are not copyrightable. The appellate decision is believed to be the first concerning the shape of the smoking instrument’s water container. Inhale Inc. claimed Starbuzz Tobacco was infringing its base design registered with the U.S. Copyright Office in 2011... The 9th U.S. Circuit Court of Appeals tossed the suit today, agreeing with a lower-court judge that the pipe’s base cannot be copyrighted... Under copyright law, the water container is considered a “useful article,” the court wrote."

Hotfile forks over $80 million to settle MPAA copyright suit; CNet, 12/3/13

Dara Kerr, CNet; Hotfile forks over $80 million to settle MPAA copyright suit: "Hotfile agreed on Tuesday to pay $80 million to settle a copyright infringement lawsuit brought by the Motion Picture Association of America. It was also ordered to cease all operations unless it instituted "digital fingerprinting" copyright filtering technology... Not all cyberlockers have been deemed unlawful, however. In fact, the Digital Millennium Copyright Act's safe harbor protects online services as long as they obey some rules."

In Dispute Over a Song, Marvin Gaye’s Family Files a Countersuit; New York Times, 10/30/13

Ben Sisario, New York Times; In Dispute Over a Song, Marvin Gaye’s Family Files a Countersuit: "According to the suit, which was first reported by The Hollywood Reporter, a musicologist, Judith Finell, studied “Blurred Lines” and “Got to Give It Up” and found “a constellation of at least eight distinctive and important compositional elements” between them... In a statement, Sony/ATV said that another musicologist had determined that “Blurred Lines” did not infringe on “Got to Give It Up,” and also defended its corporate role as a steward for songwriters."

Is The NFL Committing Copyright Infringement By Using Photos Without Consent?; Forbes, 10/23/13

Darren heitner, Forbes; Is The NFL Committing Copyright Infringement By Using Photos Without Consent? : "On October 21, 2013, seven photographers filed a federal lawsuit in the Southern District of New York against the National Football League (NFL), Replay Photos, Getty Images and the Associated Press. The lawsuit requests damages for copyright infringement from all the defendants, damages for vicarious and contributory copyright infringement, breach of contract and breach of fiduciary duty. The basis for the action is that the NFL has used photos in violation of the photographers’ copyrights in the same. The photographers further allege that the NFL’s failed to receive consent to use the photos in connection with the NFL’s advertisements, news, promotions and products."

Sony Music Sues United Airlines Over In-Flight Music; Hollywood Reporter, 10/23/13

Eriq Gardner, Hollywood Reporter; Sony Music Sues United Airlines Over In-Flight Music: "On Tuesday, Sony Music and various subsidiary labels brought a lawsuit against United Airlines, Inflight Productions and Rightscom over copyrighted music being made available through in-flight systems. According to a complaint filed in New York federal court, the defendants are duplicating sound recordings and music videos, installing the allegedly infringed copies to servers located on board aircraft and then transmitting performances to passengers. All without paying any baggage fees."

Suit Filed Against Warner Bros. in Screenplay Theft; New York Times, 10/10/13

Michael Cieply, New York Times; Suit Filed Against Warner Bros. in Screenplay Theft: "In Hollywood, where everyone is eager to claim credit for a great idea, charges of script theft are as common as cocktail receptions, and usually as fleeting. Few lawsuits ultimately prevail, partly because claimants often overvalue an idea’s originality. But the aggrieved keep trying. Just last week, James Cameron was granted dismissal of a suit — one of several similar actions against him — that claimed he had misappropriated material in creating “Avatar.” Two days earlier, the United States Supreme Court agreed to hear an appeal in a copyright case connected to the 1980 film “Raging Bull.”"

Use of Third-Party Artwork in Video Backdrop Is Fair Use in Copyright Claim; National Law Review, 10/4/13

Elisabeth Morgan, National law Review; Use of Third-Party Artwork in Video Backdrop Is Fair Use in Copyright Claim: "The U.S. Court of Appeals for the Ninth Circuit affirmed that the unauthorized use of an artist’s illustration in a video backdrop featured in rock band Green Day’s stage show did not violate the Copyright Act, finding, in part, that the use was sufficiently transformative and did not affect the market value of the work. Seltzer v. Green Day, Inc., et al, Case Nos. 11-56573, -57160 (9th Cir. Aug. 7, 2013) (O’Scannlain, J.)"

Nicki Minaj sued by mystery man for copyright infringement; Guardian, 9/12/13

Sean Michaels, Guardian; Nicki Minaj sued by mystery man for copyright infringement: "One of electronic music's most mysterious figures is suing Nicki Minaj for copyright infringement. Clive Tanaka – an artist who has never revealed his real name nor his home town – accused Minaj of copying his music on her worldwide hit Starships."

Record Labels Sue Sirius XM Over the Use of Older Music; New York Times, 9/11/13

Ben Sisario, New York Times; Record Labels Sue Sirius XM Over the Use of Older Music: "Another, Feb. 15, 1972 — when federal copyright protection began to apply to recordings — has less recognition. But a recent string of lawsuits argue that licensing issues tied to that date may be worth hundreds of millions of dollars to singers and record labels. If the suits are successful, they could also bring a headache of liability to satellite and Internet radio services. On Wednesday, the three largest record companies — Sony, Universal and Warner, along with ABKCO, an independent that controls many of the Rolling Stones’ early music rights — sued Sirius XM Radio in a California court, saying that the satellite service used recordings from before 1972 without permission. Even though federal copyright protection does not apply to these recordings, the suits say that they are still covered by state law."

CBS prevails in 'The Glass House' legal dispute; Los Angeles Times, 8/19/13

Meg James, Los Angeles Times; CBS prevails in 'The Glass House' legal dispute: "CBS Corp. wants to send the message that it won't tolerate copycats. On Monday, the No. 1-ranked television network said that it had reached a settlement in the 15-month legal dispute over whether ABC's "The Glass House," a short-lived reality show that closely mirrored CBS' successful "Big Brother" show, constituted a violation of CBS' copyright and trade secrets."