Who’d have guessed that movie studios would entrust populist Mississippi Attorney General and longtime Overlawyered favorite Jim Hood with key water-carrying tasks in pushing their rights as copyright owners against online services and search engines? Not I [Eli Lehrer, Weekly Standard] More from Mike Masnick at TechDirt: “it appears the MPAA and the major Hollywood studios directly funded various state Attorneys General in their efforts to attack and shame Google.” Related: The Verge.
Because if there was any rationale for creating the Department of Homeland Security, it was to ensure that America was not threatened by unlicensed panties suggestive of baseball-team logos. [Tim Cushing, Techdirt]
Under a potentially far-reaching ruling by a federal judge interpreting California state law, satellite and streaming music services like SiriusXM and Pandora — and maybe bars and restaurants too — could be liable for vast sums for having broadcast pre-1972 recordings without obtaining “public performance” permission under California state law. [Hollywood Reporter's THR Esq; plus a very informative take from Jesse Walker]
“If you say anything remotely critical about the Ecuadorian government, you may face a copyright takedown,” wrote Maira Sutton at EFF in May. A Spanish firm that represents the government of Ecuador, Ares Rights, has sent out many such takedown demands, related to media accounts of surveillance, corruption, and the country’s Lago Agrio legal dispute with Chevron. More recently, following growing scrutiny of its own activities, Ares Rights has aimed takedown demands citing supposed copyright infringement against its own critics, including Adam Steinbaugh. Details: Mike Masnick, TechDirt; Ken at Popehat. It has also represented the government of Argentina.
No, the monkey doesn’t own copyright in the picture it reportedly snapped of itself. But does anyone own it, or is it public domain from the time of the click? [David Post/Volokh, The Passive Voice with comments, GigaOm, BuzzFeed]
Ken at Popehat has the story on a court’s ruling for fees and costs in Ergun Caner v. Jonathan Autry, filed by a religious leader who had come under criticism for less-than-forthright descriptions of his own past. “The court ruled that Caner (1) pursued the case after Autry took the videos down, (2) demanded, as a condition of settlement, that Autry’s young children sign a non-disparagement agreement, (3) delayed the case, (4) failed to seek discovery, opposed the motion to dismiss on the grounds that he needed to take discovery, but could not articulate what discovery he needed, (5) contradicted himself, (6) made unreasonable legal arguments without any support (like the ‘you must be qualified to criticize’ argument), and most importantly (7) filed the case to silence criticism.” Under the prevailing “American Rule” on fees it’s extremely hard for the victim of a meritless suit to recover attorney’s costs, but this one was extreme enough to be an exception.
“…settle instead for $20 per song.” Rightscorp, a new for-profit copyright cop, “is now preparing technology that could flood the Internet with ‘hundreds of millions of notices’ to alleged copyright infringers.” [Joe Mullin, ArsTechnica]
Music rights organization BMI has sued a Cleveland bar seeking up to $1.5 million over one night’s performance by a cover band that allegedly performed ten well-known songs without paying license fees, including “Bad Moon Rising,” “You Really Got Me,” and “Some Kind of Wonderful” [OnStage]
Way back in 2000 we noted that copyright litigation over quilt designs had gotten to be a hot area and that it was even possible for lawyers to specialize in “quilt law.” If you thought the only targets were large retailers and home furnishing lines with IP lawyers on retainer, though, think again.
“A number of years ago, an Amish woman created a pattern for the quilt,” Ken Treadwell said. “A friend of hers got her to register it, but being Amish, she truly didn’t enforce the copyright.”
But [Treadwell's company] Almost Amish bought the copyright, and the owners intend to vigorously enforce the design rights.
“We have stopped numerous people from selling and making this quilt,” Treadwell said. “We have an attorney that has informed the Mennonite Central Committee that they can’t sell it anymore.”
Local fire company officials were the latest to get the notice.
WordPress is fighting back. [its blog via BoingBoing, Popehat] Will YouTube? [Popehat re: Colorado assembly hopeful]