Pepe the Frog Artist Suing InfoWars for Copyright Infringement; Comic Book Resources, March 6, 2018

Kirsten Thompson, Comic Book Resources; Pepe the Frog Artist Suing InfoWars for Copyright Infringement

"The lawsuit specifically cites a poster that pictures Pepe in the company of President Donald Trump, InfoWars founder Alex Jones, Ann Coulter, Roger Stone, Matt Drudge and Milo Yiannopoulous (among others) and the text “MAGA,” which refers to Trump’s presidential campaign slogan. Furie claims that InfoWars is selling this poster in its online store, though he did not authorize such use of the character.

The complaint can be read here in its entirety."

Tupac Shakur Biopic 'All Eyez On Me' Hit With Copyright Infringement Lawsuit; NPR, June 23, 2017

Andrew Flanagan, NPR; Tupac Shakur Biopic 'All Eyez On Me' Hit With Copyright Infringement Lawsuit

"A week after opening to a tepid critical response and accusations of historical inaccuracies from actress Jada Pinkett Smith — as well as a misinterpreted Internet joke that had many searching in vain for the appearance of an iPhone in the film — the Tupac Shakur biopic All Eyez On Me has now been hit with a copyright infringement lawsuit.

The suit — filed today by Kevin Powell, a longtime pop culture writer, author, activist — accuses the film's executive producers, screenwriters and distributors of cribbing from three cover stories on Shakur that Powell wrote for Vibe during the height of Shakur's career. [Disclosure: NPR Music published an article by Powell, a remembrance of the recently deceased rapper Prodigy, earlier today.]"

New Zealand Campaign Had Concerns Using Eminem-Like Song; Associated Press via New York Times, May 3, 2017

Associated Press via New York Times; 

New Zealand Campaign Had Concerns Using Eminem-Like Song

"De Joux said she sought and received assurances from music and advertising experts that using "Eminem Esque" would be acceptable because it was part of a licensed music library and was free from any copyright issue...

Under cross-examination, de Joux said she had not sought legal advice on using the song nor approached Eminem's representatives to get approval."

Author sued for making children's books of On the Road and Breakfast at Tiffany’s; Guardian, 1/19/17

Guardian Staff, Guardian; 

Author sued for making children's books of On the Road and Breakfast at Tiffany’s

"Swedish author Fredrik Colting is being sued for creating children’s versions of classic novels.

Colting, who was taken to court in 2010 for publishing an unofficial sequel to The Catcher in the Rye, is now the subject of a suit filed by Penguin Random House, Simon & Schuster and the estates of Truman Capote, Jack Kerouac, Ernest Hemingway and Arthur C Clarke.

Under the banner Moppet Books, Colting allegedly infringed copyright of four books: On the Road, Breakfast at Tiffany’s, The Old Man and The Sea and 2001: A Space Odyssey."

Copyright in Klingon; Washington Post, 1/9/17

David Post, Washington Post; Copyright in Klingon:

"The court went awry, I believe, in holding additionally that the defendants “are not entitled to the fair use defense,” a holding that illustrates much that is wrong with copyright law these days.

To begin with, the fair use defense, involving a complicated balancing of defendant’s motives and purposes, the effect of the defendant’s use on the market for the original work and any number of other relevant factors, is hardly ever appropriate for disposition on summary judgment; there’s too much fact-finding required.

But more to the point, “Axanar” uses copyrighted material for a transformative purpose — creating a new and original work of art. It is not a substitute, in the market, for the original; if anything, it enhances the value of the original. This is precisely what our copyright law, through the fair use exception, should be encouraging — the production of new and original works of art that build on prior works to create something new and valuable."

Hamilton Producers Sue Over Copyright; Playbill, 10/8/16

Adam Hetrick, Playbill; Hamilton Producers Sue Over Copyright:

"Online t-shirt companies SunFrog and GearLaunch are being sued by the producers of Hamilton over copyright infringement. The show’s producers state that the companies have been selling bootleg t-shirts that utilize the show’s logo, according to TMZ.com."

Ed Sheeran sued for copyright infringement for second time this year; Washington Post, 8/10/16

Travis M. Andrews, Washington Post; Ed Sheeran sued for copyright infringement for second time this year:

"In June, songwriters Martin Harrington and Thomas Leonard filed a $20 million lawsuit against Sheeran, claiming that the British pop star copied their song “Amazing” almost note-for-note in his 2014 hit “Photograph.”

On Tuesday, Sheeran was again sued for copyright infringement, this time for his single “Thinking Out Loud.”

Based on their peak positions on the Billboard Top 100, these are two of Sheeran’s three biggest hits.

The suit comes from the heirs of Ed Townsend, who wrote the music and co-wrote the lyrics to Marvin Gaye’s famous romantic anthem, “Let’s Get it On.” It claims that Sheeran copied the major aspects of the melody, harmony and composition of “Let’s Get it On” for his hit “Thinking Out Loud.”"

Failure to Register LeBron James' Tattoo as Copyright Proves Costly; Hollywood Reporter, 8/2/16

Ashley Cullins, Hollywood Reporter; Failure to Register LeBron James' Tattoo as Copyright Proves Costly:

"Animators behind the NBA 2K video game series did such a good job bringing to life basketball stars like LeBron James that they were sued for copyright infringement for recreating his tattoos.

Solid Oak Sketches sued 2K Games and Take-Two Interactive Software in February, claiming it owns the copyrights to tattoos emblazoned on several NBA stars including James, Kobe Bryant and Eric Bledsoe.

The tattoo designers were seeking actual damages in an amount to be determined at trial, or statutory damages and attorneys' fees — but a New York federal judge on Tuesday ruled out the latter.

"[I]n order to obtain statutory damages and attorneys' fees, a plaintiff must have registered its copyright prior to the alleged infringement," U.S. District Judge Laura Taylor Swain writes.

In this case, Swain finds, defendants' alleged infringement began with NBA 2K14 in 2013 and the tattoo designs weren't registered with the U.S. Copyright Office until 2015."

Everything you need to know about Led Zeppelin's 'Stairway to Heaven' copyright infringement trial; Entertainment Weekly, 6/16/16

Eric Renner Brown, Entertainment Weekly; Everything you need to know about Led Zeppelin's 'Stairway to Heaven' copyright infringement trial:

"This week, Robert Plant and Jimmy Page of Led Zeppelin attended Los Angeles court for the infringement trial aiming to determine whether or not the iconic band relied too heavily on the song of one of their classic rock contemporaries when writing “Stairway to Heaven.” The convoluted saga could result in a change of credit and reallocated royalties — and at the very least it’s just the latest in Zeppelin’s decades-long struggle with crediting the influences behind some of their biggest hits. Read on for everything you need to know about the case."

Paramount Says 'Star Trek' Fan Film Lawsuit Lives On; Hollywood Reporter, 6/16/16

Eriq Gardner, Hollywood Reporter; Paramount Says 'Star Trek' Fan Film Lawsuit Lives On:

"The two studios filed a copyright infringement lawsuit at the very end of 2015, and over objections that the Star Trek rights-owners couldn't really copyright elements like the Klingon language or the pointy Vulcan ears, a judge rejected a motion to dismiss. The legal dispute over a project hyped as a would-be studio-quality film that's set before Captain James. T. Kirk's voyage on the U.S.S. Enterprise has commanded attention in large part because the studios have either tolerated or encouraged fan-made works through the years.

In mid-May, during a promotional event for Star Trek Beyond, Abrams raised the hopes of many by hinting the lawsuit would be over soon...

So far, that hasn't turned out to be the case."

Hungarian singer sues Kanye West for $2.5m over New Slaves sample; Reuters via Guardian, 5/23/16

Reuters via Guardian; Hungarian singer sues Kanye West for $2.5m over New Slaves sample:

"Presser described his song, which roughly translates in English as “Pearls in Her Hair”, as “one of the most beloved pop songs ever in Hungary and across eastern Europe”. He is seeking at least $2.5m in damages for copyright infringement.

Lawyers for West and co-defendant Sony/ATV Music Publishing LLC, a joint venture between Sony Corp and the estate of pop star Michael Jackson, did not immediately respond on Monday to requests for comment.

Presser said he had no inkling his song was being used until West’s lawyer emailed him soon after marketing began, indicating that West “would like to work out a deal with you as soon as possible” and giving him 24 hours to respond.

West’s lawyers later sent Presser a $10,000 check and insisted that he grant a license. But Presser never cashed the check, the complaint said."

Google and Oracle's $9.3 Billion Fair Use Fight Starts Today, Here's a Guide; Fortune, 5/9/16

Jeff John Roberts, Fortune; Google and Oracle's $9.3 Billion Fair Use Fight Starts Today, Here's a Guide:

"Why are Google and Oracle in court?

The case is about intellectual property. It began six years ago when Oracle sued Google for using APIs tied to Java (more on this below) without permission. Google won at an initial trial in 2012 when a jury found the company didn’t infringe Oracle’s patents, and a judge concluded the APIs didn’t qualify for copyright protection.

But in a ruling that shocked the tech community, an appeals court found in 2014 that Oracle’s APIs were indeed covered by copyright. The ruling also kicked the case back to the lower court to determine whether Google’s use of the APIs counted as a “fair use.” Now, at this second trial, a jury will look at the fair use question."

Judge: Star Trek fanfic creators must face CBS, Paramount copyright lawsuit; Ars Technica, 5/10/16

Megan Geuss, Ars Technica; Judge: Star Trek fanfic creators must face CBS, Paramount copyright lawsuit:

"On Monday, a Los Angeles-based US District Court judge ruled that Axanar Productions, a crowd-funded Star Trek fanfiction production company, would have to face a copyright infringement lawsuit (PDF) from CBS and Paramount, which own the rights to the Star Trek TV and film franchise...

"Although the Court declines to address whether Plaintiffs’ Claims will prosper at this time,” the judge wrote, "the Court does find Plaintiffs’ claims will live long enough to survive Defendants’ Motion to Dismiss.”

In another blog post, Peters wrote that Axanar Productions is trying to settle with CBS and Paramount "so we can move forward with telling the story of AXANAR in a way that satisfies both the studios and the over ten thousand fans who financially supported our project.”"

Led Zeppelin members face trial in ‘Stairway to Heaven’ copyright infringement lawsuit; Washington Post, 4/12/16

Justin Wm. Moyer, Washington Post; Led Zeppelin members face trial in ‘Stairway to Heaven’ copyright infringement lawsuit:

"Led Zeppelin’s “Stairway to Heaven” has faced a lot of accusations in the 45 years since it was released. It’s overplayed, some say, particularly at high volumes by dudes trying to impress other dudes at guitar shops. It’s overlong, say others. And, for years, people have said “Stairway” sounds a lot like “Taurus” — a song by a much less famous band called Spirit who performed it allegedly while sharing bills with Zeppelin in the late 1960s. (You can listen for yourself here.)

But after decades of gossip, members of Led Zeppelin — specifically, singer Robert Plant and guitarist Jimmy Page, the writers of “Stairway” — will face a jury trial on May 10. The question: Did they copy at least some parts of their most famous song?"

Oracle will seek a staggering $9.3 billion in 2nd trial against Google; ArsTechnica.com, 3/29/16

Joe Mullin, ArsTechnica.com; Oracle will seek a staggering $9.3 billion in 2nd trial against Google:

"In a second go-round of its copyright lawsuit against Google, Oracle is hoping to land a knockout blow. A damages report filed last week in federal court reveals that the enterprise software giant will ask for $9.3 billion in damages.

In its lawsuit, Oracle argues that Google infringed copyrights related to Java when it used 37 Java API packages to create its Android mobile operating system.

The damages it's seeking aren't just more than the Java API packages are worth—it's far more than Oracle paid for the entirety of Sun Microsystems, which was purchased in 2009 for $5.6 billion. By way of comparison, Google parent company Alphabet earned $4.9 billion in profits last quarter, according to IDG News, which reported on the Oracle figures yesterday.

Such a result would be far and away the biggest copyright verdict ever."

Donald Trump Campaign Attacked by Nature Photographers in Copyright Lawsuit; Hollywood Reporter, 3/24/16

Eriq Gardner, Hollywood Reporter; Donald Trump Campaign Attacked by Nature Photographers in Copyright Lawsuit:

"On Wednesday, his presidential campaign was hit with a copyright lawsuit over a portrait of an eagle alleged to be owned by Wendy Shattil and Robert Rozinski, identifying themselves as award-winning professional photographers specializing in nature and wildlife photography. The complaint filed in New York claims that Donald J. Trump for President has misappropriated an iconic photograph for campaign signs and has incited an "epidemic of third-party infringement.""

Controversial artist Richard Prince sued for copyright infringement; Guardian, 1/4/16

Mahita Gajanan, Guardian; Controversial artist Richard Prince sued for copyright infringement:

"Richard Prince, a New York-based artist whose work often involves appropriating that of others, has been sued for copyright infringement by Donald Graham, a photographer who claims Prince knowingly reproduced his photo Rastafarian Smoking a Joint without seeking permission.

Artnet reports that Graham filed a complaint on 30 December against Prince, the Gagosian Gallery – where Prince’s New Portraits exhibition ran between September and October 2014 – and Lawrence Gagosian, the gallery owner.

The New Portraits collection featured 37 inkjet prints on canvas of what Prince called “screen saves” of Instagram posts, according to the complaint. The only modification to the images by Prince, besides blowing them up in size, are in comments underneath the pictures comprised of emojis and bizarre sentences. The pieces sold for up to $100,000 at New York’s Frieze art fair, where they caused considerable controversy.

One woman in the photographs, Doe Deere, a member of the SuicideGirls burlesque collective, posted on Instagram that she had been told the picture of her had been sold for $90,000. Prince, as is his custom, had not asked permission to use the images."

Jeff Koons sued for appropriating 1980s gin ad in art work sold for millions; Guardian, 12/15/15

Guardian; Jeff Koons sued for appropriating 1980s gin ad in art work sold for millions:

"Jeff Koons, a US pop artist whose works can fetch millions, is facing allegations he used a New York photographer’s commercial photo from the 1980s in a painting without permission or compensation, according to a lawsuit filed Monday.

The photographer, Mitchel Gray, said in the complaint filed in Manhattan federal court that Koons reproduced his photo, which depicts a man sitting beside a woman painting on a beach with an easel, “nearly unchanged and in its entirety”.

Gray is also suing New York-based auction house Phillips Auctioneers and an as-yet-unnamed former owner of the Koons print, which sold for $2.04m in London in 2008...

There is a three-year statute of limitations on copyright actions, but “the clock doesn’t start ticking until the plaintiff learns of the infringement”, his lawyer, Jordan Fletcher, of the law firm Kushnirsky Gerber, said in an interview."

Katy Perry's Met Ball dress the subject of copyright infringement lawsuit; Guardian, 8/6/15

Tshepo Mokoena, Guardian; Katy Perry's Met Ball dress the subject of copyright infringement lawsuit:

"One artist is less than impressed with the dress that Katy Perry wore to this year’s Met Ball – and not for sartorial reasons. Brooklyn street artist Rime, born Joseph Tierney, has filed a copyright infringement lawsuit against designer Jeremy Scott and design house Moschino, for making a dress that Tierney believes imitates a signature graffiti tag that he painted on a Detroit building."

Lilly Pulitzer sues Old Navy for copyright infringement; Fortune, 7/30/15

Laura Lorenzetti, Fortune; Lilly Pulitzer sues Old Navy for copyright infringement:

"Lilly Pulitzer, known for its bright and unique fabric patterns, is suing Old Navy for copyright infringement, saying the Gap-owned unit blatantly stole two of the designer’s fabric prints.

While apparel designs are not covered by any intellectual property laws, one-of-a-kind prints and patterns do fall under that protection. Sugartown Worldwide, which owns the Lilly Pulitzer brand and its 33 retail stores, alleged that Old Navy knocked off two of its colorful prints, causing “irreparable harm” to the company."