Mephisto's Most Powerful Servant Got Marvel Sued by the Hells Angels; ScreenRant, February 10, 2022

JOSHUA ISAAK, ScreenRant; Mephisto's Most Powerful Servant Got Marvel Sued by the Hells Angels

"Hells Angel, appearing in 1992, was named Shevaun Haldane and had quite a traumatic start to her stint in comics when Mephisto brutally killed her father. She was later trapped into serving the satanic villain, but eventually broke free of his clutches. Unfortunately, she couldn't break free of the Hells Angels lawsuit, which stipulated that Hells Angel infringed on their name. Surprisingly, Marvel acquiesced to the gang's demands and changed Shevaun's character name to Dark Angel...but that only landed the company in more hot water when they were the subject of yet another lawsuit.

In addition to donating over $30,000 dollars to charity, Marvel now had to change the name to Dark Angel. Alas, the name was owned by Hart Fisher's Boneyard Press for another comic. Boneyard filed suit and the house that Stan Lee built had a choice to make: either change the character's name yet again, or fold and cancel the publication of Dark Angel. That's the choice Marvel made, and in Issue #16, the Dark Angel brand was put to rest."

Meghan, Duchess of Sussex to receive confidential sum from UK newspaper for copyright infringement; CNN, January 5, 2022

Niamh Kennedy, CNN; Meghan, Duchess of Sussex to receive confidential sum from UK newspaper for copyright infringement

"The court found ANL infringed Meghan's copyright by publishing extracts of a handwritten letter she sent to her father in The Mail on Sunday newspaper and Mail Online website during hearings in January and May last year, the court order says.

The group is also set to pay the duchess £1 in nominal damages for misuse of private information, according to the court order.

On December 2, the Court of Appeal upheld a ruling that ANL had misused Meghan's private information through their publication of the letter, saying the Duchess had "had a reasonable expectation of privacy in the contents of the letter.""

Will the Supreme Court Finally Declare Copyright Infringement As “Theft”?; The Hollywood Reporter, November 17, 2021

Eriq Gardner, The Hollywood Reporter; Will the Supreme Court Finally Declare Copyright Infringement As “Theft”?

"For quite some time, there’s been an esoteric debate running in intellectual property circles as to whether copyright infringement is best characterized as thievery. Those arguing against the proposition generally make the point that piracy is not stealing because the owner is not deprived of using the work. Under this view, copyright infringement is more tantamount to trespass. On the other side are those who think it matters not that intellectual property is an intangible something incapable of being physically controlled. To quote President Joe Biden, “Piracy is flat, unadulterated theft, and it should be dealt with accordingly.”"

Google v. Oracle: Fair Use and the Seventh Amendment; JD Supra, September 15, 2020

 Dorsey & Whitney LLP, JD Supra; Google v. Oracle: Fair Use and the Seventh Amendment

"On August 7, 2020, Google and Oracle submitted their final written arguments to the Supreme Court regarding their decade-long copyright battle over the source code animating the Android platform. Now, we focus on the second question presented to the Supreme Court: whether Google’s copying of Oracle’s Java source code is a non-infringing fair use.

Recall that in December 2019 we introduced “the copyright lawsuit of the decade.” In March 2020, we covered the first of two questions presented to the Supreme Court: whether Java software interfaces are protected by copyright. Before we could address the second question presented, however, the Supreme Court delayed oral arguments on the matter to the October 2020 term due to the COVID-19 pandemic. The Supreme Court also requested that Google and Oracle submit supplemental briefs addressing the standard of review relating to the fair use defense—i.e., whether the Federal Circuit gave the proper deference to the jury’s finding of fair use when it reviewed it de novo and reversed it...

Conclusion

The Supreme Court is finally set to resolve important questions regarding the scope of copyright protection and the fair use doctrine that could have huge ramifications for the software industry … or is it? As detailed above, the Supreme Court may lean on the standard of review applied by the Federal Circuit to delay further comment on whether Google’s copying constituted fair use. We will update you again after oral argument, which is scheduled for October 7, 2020."

Nicki Minaj-Tracy Chapman copyright battle sets stage for future of music recording; Marketplace, September 14, 2020

Sabri Ben-Achour, Marketplace ; Nicki Minaj-Tracy Chapman copyright battle sets stage for future of music recording

"Tracy Chapman is suing Nicki Minaj for using part of one of her songs. The case has the potential to upend the way music is written and how artists borrow from one another.

Minaj’s song “Sorry” obviously takes from Chapman’s song “Baby Can I Hold You.”Nobody disputes that. Minaj and her people asked Chapman for permission during and after production of “Sorry,” and Chapman and her reps said no, multiple times. So Minaj didn’t release the song on her 2018 album.

“What complicates it in this case is that there was further redistribution,” said Eugene Volokh, a professor at UCLA School of Law."

When a Right Click Is Wrong; Comstock's Magazine, September 16, 2020

Lila Wallrich, Comstock's Magazine; When a Right Click Is Wrong

How to avoid creative copyright infringement in your promotion and presentations

"Check the Public Domain

When copyright expires or is voluntarily surrendered, work enters the public domain and becomes available for all. Exclusive rights are nonexistent, and no permission is needed. You just need to do some research to find what you need, starting here: 

• Wikimedia Commons is one of the largest public domain resources for free photographs. 
• Unsplash is a collective of photographers offering high-resolution images for free. 
• Magdeleine is another high-quality resource for free photography. 
• YouTube Audio Library offers free music and sound effects. Search by genre, mood or instrument and download as an MP3 file."

Pirated Versions of ‘Tenet,’ ‘New Mutants’ Appear Online; Variety, August 31, 2020

Brent Lang, Variety; Pirated Versions of ‘Tenet,’ ‘New Mutants’ Appear Online

"Poorly recorded, pirated versions of Christopher Nolan’s “Tenet” leaked online last week. Both are camcorded copies of negligible quality — at least one has Korean subtitles and another has German subtitles. It is unclear how widely seen the illegal copies of the sci-fi thriller were, but it comes as theaters are starting a major campaign to bring audiences back to cinemas, which have been largely closed for months due to coronavirus."

Proposals for Copyright Law and Education During the COVID-19 Pandemic; infojustice, June 9, 2020

Emily Hudson and Paul Wragg, infojustice; Proposals for Copyright Law and Education During the COVID-19 Pandemic

"Abstract: This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the CDPA, including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing, and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material."

Oracle Files Response To Google and API Copyright - We Are All Doomed; i-Programmer, February 17, 2020

Mike James, i-Programmer; Oracle Files Response To Google and API Copyright - We Are All Doomed

"If I invent an API, of course I want it to be copyright. If I use an API then the last thing I want is for it to be copyright."

Disney CEO apologizes after elementary school is fined for Lion King showing; The Verge, February 6, 2020

Julia Alexander , The Verge; Disney CEO apologizes after elementary school is fined for Lion King showing

"Movie Licensing USA, a licensing firm that works with Disney and a number of other companies, sent an email to Emerson Elementary, letting it know the firm was alerted to the PTA’s screening, and the school was facing a $250 fine as a result for showing a movie for which it didn’t have the licensing rights. The email, which was obtained by CNN, noted that “any time a movie is shown outside of the home, legal permission is needed to show it, as it is considered a Public Performance.”...

There are a number of unanswered questions. How did Movie Licensing USA even find out about the event? Who alerted the company to a small fundraising event, which led the firm to take action? Disney is notorious for its copyright takedown strategy, but it’s usually over parts of its movies ending up on YouTube or other hosting sites or merchandise using characters from its properties — not a fundraising event where a movie purchased by a local father was shown. 

At least Iger is trying to rectify the situation. But it doesn’t answer any of the questions listed above. The Verge has reached out to Disney and Movie Licensing USA for more information."

Justice Department investigates Sci-Hub founder on suspicion of working for Russian intelligence; The Washington Post, December 19, 2019

Shane Harris and Devlin Barrett, The Washington Post; Justice Department investigates Sci-Hub founder on suspicion of working for Russian intelligence


"Elbakyan’s work has been the subject of legal and ethical controversy. In 2017, a New York district court awarded $15 million in damages to Elsevier, a leading science publisher, for copyright infringement by Sci-Hub and other sites...

Sci-Hub has made millions of documents available to users around the world, said Andrew Pitts, the managing director of PSI, an independent group based in England that advocates for legitimate access to scholarly content.

Pitts said there are 373 universities in 39 countries “that have suffered an intrusion from Sci-Hub,” which he defined as “using stolen credentials to illegally enter a university’s secure network.” More than 150 of the institutions are in the United States, Pitts said...

“She is the Kim Dotcom of scholarly publications,” said Joseph DeMarco, an attorney in New York who represented Elsevier in its lawsuit against Elbakyan. (Dotcom ran a famous file-sharing site that U.S. authorities said violated copyright law.)"

Archivists Are Trying to Make Sure a ‘Pirate Bay of Science’ Never Goes Down; Vice, December 2, 2019

Matthew Gault, Vice;

Archivists Are Trying to Make Sure a ‘Pirate Bay of Science’ Never Goes Down

"...[O]ver the last few years, two sites—Library Genesis and Sci-Hub—have become high-profile, widely used resources for pirating scientific papers.

The problem is that these sites have had a lot of difficulty actually staying online. They have faced both legal challenges and logistical hosting problems that has knocked them offline for long periods of time. But a new project by data hoarders and freedom of information activists hopes to bring some stability to one of the two “Pirate Bays of Science...

“It's the largest free library in the world, servicing tens of thousands of scientists and medical professionals around the world who live in developing countries that can't afford to buy books and scientific journals. There's almost nothing else like this on Earth. They're using torrents to fulfill World Health Organization and U.N. charters. And it's not just one site index—it's a network of mirrored sites, where a new one pops up every time another gets taken down,” user shrine said on Reddit."

The Second Circuit Shuts Down Resale of Digital Music Files in Capitol Records, LLC v. ReDigi, Inc., Lexology, December 18, 2018

Weil Gotshal & Manges LLP - Samuel J. Zeitlin and Bruce Rich, Lexology; The Second Circuit Shuts Down Resale of Digital Music Files in Capitol Records, LLC v. ReDigi, Inc.

 

"If you purchase a copy of music in physical form--like a CD or vinyl record-- you own your copy even though you do not own the underlying songs. Although the law reserves to the copyright owner the right to make more copies, she cannot stop you from selling your copy or giving it away. This rule is called the right of first sale, and it enables all secondhand sales of copyrighted material, from the smallest used bookstore to eBay and Amazon Marketplace. The right of first sale began as judge-made law in the early 20th century, and today is part of the copyright statute at 17 U.S.C. 109(a). In technical terms, Section 109(a) creates an exception for the owners of legal copies to the copyright owner's exclusive right to distribute her work, although not to her exclusive right to reproduce her work.

 

But what happens if you purchase a digital music file? Digital copying unravels the balance between the rights of copyright owners and customers set by the first sale doctrine. Section 109(a) only allows the owner of a copy to distribute it, not to make more copies. In a digital environment, however, distributing a file is done by making a copy of that file in a new location. When the distinction between copying and distributing collapses, is it still possible to exercise the right of first sale?

 

The Second Circuit has just confronted this issue in its December 12, 2018 ruling on the legality of ReDigi, an online marketplace designed to let people resell digital music files purchased from iTunes. In a unanimous decision in Capitol Records, LLC v. ReDigi, Inc. penned by the Second Circuit's preeminent copyright expert, Judge Pierre Leval, the court upheld the conclusion of the district court that ReDigi's business model violated the law."

Supreme Court hands Fox News another win in copyright case against TVEyes monitoring service; The Washington Post, December 3, 2018

Erik Wemple, The Washington Post; Supreme Court hands Fox News another win in copyright case against TVEyes monitoring service

"The Supreme Court’s decision not to hear the case could leave media critics scrambling. How to fact-check the latest gaffe on “Hannity”? Did Brian Kilmeade really say that? To be sure, cable-news watchers commonly post the most extravagant cable-news moments on Twitter and other social media — a democratic activity that lies outside of the TVEyes ruling, because it’s not a money-making thing. Yet Fox News watchdogs use TVEyes and other services to soak in the full context surrounding those widely circulated clips, and that task is due to get more complicated. That said, services may still provide transcripts without infringing the Fox News copyright."

Satanic Temple Sues Over Goat-Headed Statue in ‘Sabrina’ Series; The New York Times, November 9, 2018

Julia Jacobs, The New York Times; Satanic Temple Sues Over Goat-Headed Statue in ‘Sabrina’ Series

"The Satanic Temple filed a lawsuit on Thursday against Warner Bros. and Netflix, alleging copyright violation of its goat-headed statue, which it says appears in the new “Sabrina” series.

The temple objected to the use of the statue’s likeness in the “Chilling Adventures of Sabrina,” which features a much darker portrayal of the teenage half-human, half-witch immortalized decades ago in Archie comics.

In the lawsuit, filed in United States District Court in Manhattan, the plaintiffs ask for at least $50 million for each alleged infraction: copyright infringement, trademark violation and injury to the business’ reputation. They also request an injunction barring the companies from redistributing the series with the image of the statue. The temple argues that the television show not only copied its conception of the deity — a muscled figure with two young children staring up at it — but also that it gives the statue and the Satanic Temple itself a bad rap."

Jeff Koons Is Found Guilty of Copying. Again.; The New York Times, November 8, 2018

Alex Marshall, The New York Times;

Jeff Koons Is Found Guilty of Copying. Again.


"On Thursday, a court in Paris ordered Mr. Koons, his company Jeff Koons L.L.C., the Pompidou Center and a book publisher to jointly pay Mr. Davidovici almost $170,000 for breach of copyright and damages caused. The amount is small compared to the value of Mr. Koons’s “Fait d’hiver,” which the Prada Foundation bought for over $4 million at auction in 2007.”

X-Men: 'Dark Phoenix' Gets an Animated Trailer; Comicbook.com, October 7, 2018

Jamie Lovett, Comicbook.com; X-Men: 'Dark Phoenix' Gets an Animated Trailer

"In September, 20th Century Fox released the first trailer for Dark Phoenix. Now a fan has taken that trailer and recreated it using footage from X-Men: The Animated Series.

The trailer, which can be seen above, was created by YouTuber Darth Blender. It uses the audio from the Dark Phoenix trailer with visuals from X-Men: The Animated Series."

What is Article 13? The EU's divisive new copyright plan explained; Wired, September 17, 2018

Matt Reynolds, Wired; What is Article 13? The EU's divisive new copyright plan explained

"To help clear things up, here’s WIRED’s guide to the EU Directive on Copyright."

Man Who Uploaded Deadpool to Facebook May Get Six Months in Prison; Gizmodo, September 17, 2018

Jennings Brown, Gizmodo;

Man Who Uploaded Deadpool to Facebook May Get Six Months in Prison

"A California court will soon decide sentencing for a man who posted the entirety of Deadpool on his Facebook page. If the U.S. government gets its way, the man will spend half a year in prison."

Two skyline photo cases, two different results; Lexology, August 9, 2018

Thompson Coburn LLP - Mark Sableman, 

Lexology; Two skyline photo cases, two different results

"Two cases involving photographs of city skylines illustrate what is, and isn’t, copyright infringement."