Posts tagged as:

copyright

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]

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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.

[Lancaster Online]

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  • “The patent had an interesting enforcement clause: that anyone who copied [ship designer] Brunelleschi’s work would have their own designs set on fire” [Jeremy Kolassa, R Street]
  • British government investigates problem of orphan copyright works [U.K. Intellectual Property Office, earlier]
  • Hookah’s design not copyrightable, per Ninth Circuit, O’Scannlain, Garber, Bea [Inhale v. Starbuzz Tobacco]
  • From EFF’s “Copyright Week”: what if the penalty that accompanied a parking ticket varied unknowably and might amount to a year’s salary? [Mitch Stoltz] “Copyright’s not getting its work done” [Cathy Gellis]
  • Nineteenth Century’s sewing machine patent wars resembled today’s smartphone wars, but ended more or less happily [Adam Mossoff, Slate]
  • Universities that post papers by their own scholars hear from Elsevier’s lawyers [ABA Journal]
  • Likelihood of confusion? Underwear maker Hanes cease/desists hummus maker in Saskatoon, Canada with name derived from “Yohannes” (= “John”)[ABC News, Craig Lederhouse, CBC (auto-plays radio)]

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WordPress is fighting back. [its blog via BoingBoing, Popehat] Will YouTube? [Popehat re: Colorado assembly hopeful]

  • Trademark infringement claims as way to silence critics: Jenzabar gets comeuppance in form of court award of more than $500,000 in attorney costs [Paul Alan Levy, earlier and more]
  • Court holds Google Books project to be fair use [Matthew Sag]
  • Questioning the ITC’s patent jurisdiction: “Why should we have a trade agency litigating patent disputes?” [K. William Watson, Cato, more, yet more, related]
  • Courts come down hard on copyright troll Prenda Law [Popehat]
  • Annals of patent trollery: New York Times et al rout Helferich [EFF, Liquid Litigation BLLawg] Monolithic Power Systems v. 02 Micros [IP for the Little Guy] Resistance by Newegg, RackSpace, Hyundai, etc. [WLF]
  • Re: copyright terms, US government shouldn’t endorse view that longer always means better [Simon Lester, Cato]
  • Legal tiff over use of hotel carpet patterns in costumes [Io9]

“15 years ago this Sunday, President Clinton signed the Sonny Bono Copyright Term Extension Act, which retroactively extended copyright protection. As a result, the great creative output of the 20th century, from Superman to ‘Gone With the Wind’ to Gershwin’s ‘Rhapsody in Blue,’ were locked down for an extra 20 years.” Expect a push for yet another extension — but this time online critics will have plenty of time to mobilize on behalf of the broader creative interest in adaptive reuse. [Timothy Lee, Washington Post]

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Estate shuts down Shel Silverstein biography: given the withholding of needed permissions, we may never live to read the full complicated story of the Beat/Bohemian Playboy contributor who lived to become a beloved children’s author and popular illustrator. “I heard back from a law firm whose name seemed to come straight out of a Shel Silverstein poem: Solheim, Billing, and Grimmer.” [Joseph Thomas, Slate]

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Intellectual property roundup

by Walter Olson on September 18, 2013

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If you pay an athlete or other celebrity for the right to depict them in a poster or videogame, do you have a right to show an accurate rendering of their tattoo without further seeking permission from the original tattoo artist? It’s widely agreed that tattoos enjoy some degree of copyright protection, most obviously so in the case where an infringer has swiped an original design for purposes of tattooing someone else. Damages, at least, would be available in such a case, though it might prove hard to persuade courts to exercise the power accorded them by 17 U.S.C. § 503 to order the “impounding and disposition of infringing articles.” [Ira Boudway, Bloomberg BusinessWeek]

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IsTumblrDown.com

by Walter Olson on September 4, 2013

Users have been known to complain that Tumblr, the immensely popular microblogging site, is not always as communicative as it might be about the periodic outages it has suffered. Zach Inglis put up a site called IsTumblrDown.com which gave users a clue whether an inability to connect was just them, or the whole system being down. There was little likelihood that it would be confused with an official site, especially since it took a bit of a mocking tone toward the platform giant (and had no revenue). Lawyers representing Tumblr nonetheless fired off a nastygram demanding the site’s removal.

The story has a rare happy ending, though. Tumblr sent a second letter saying that the cease and desist letter had been sent by mistake [Daily Dot]:

We deeply apologize for our mistake. Our legal department very recently started using a third party vendor to assist us in pursuing trademark infringers and, due to an error in our new process, your domain was mistakenly caught in the cross-fire.

To paraphrase Eric Turkewitz, when you outsource your trademark enforcement, you might just find yourself outsourcing a chunk of your customer goodwill at the same time.

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“The speech, which won’t be in the public domain until 2038, can only be used if a commercial entity pays the King estate a hefty fee,” writes Mark Leiser at The Drum. Nick Gillespie at Reason: “[Martin Luther] King had not copyrighted the text before delivering several versions of it or before his assassination; his family secured the copyright after his death.”

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Should private standards organizations be entitled to retain copyright over building and fire codes when those codes have been adopted into public law? “On August 3, the National Fire Protection Association, ASTM International and the American Society of Heating, Refrigerating and Air Conditioning Engineers filed a lawsuit with a federal court in Washington, D.C., alleging ‘massive copyright infringement’ by Public.Resource.Org for publishing codes and standards that have been incorporated into law.” [EFF]

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…many of them too readily employ DMCA takedown requests to keep the public from perusing the offending clips. [Kristin Bergman, Digital Media Law Project]

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Yes, “copyright infringement”:

Agencies working to curb drug trafficking, cyberattacks, money laundering, counterfeiting and even copyright infringement complain that their attempts to exploit the [National Security Agency's] vast resources have often been turned down because their own investigations are not considered a high enough priority, current and former government officials say. …

“It’s a very common complaint about N.S.A.,” said Timothy H. Edgar, a former senior intelligence official at the White House and at the office of the director of national intelligence. “They collect all this information, but it’s difficult for the other agencies to get access to what they want.”

“The other agencies feel they should be bigger players,” said Mr. Edgar, who heard many of the disputes before leaving government this year to become a visiting fellow at Brown University. “They view the N.S.A. — incorrectly, I think — as this big pot of data that they could go get if they were just able to pry it out of them.”

Rep. Justin Amash (R-Mich.) speaks out on NSA bulk surveillance in this new Cato video with Caleb Brown. Earlier on surveillance here, here, and here; earlier on panopticons here. For the use of “money laundering” laws to pursue financial flows having nothing to do with terrorism or drug smuggling, see our reports here, here, here, here, etc.

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Warner/Chappell Music continues to demand and collect royalties for public performance of the ditty, although its melody was first published more than 120 years ago and the familiar celebratory words have been sung to it for more than a century. A new lawsuit seeks a judicial ruling that the song is in the public domain and asks a return of wrongfully collected royalties. [The Hollywood Reporter via Mike Masnick, TechDirt]

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You’d think if anyone owned the phrase, it would be Her Majesty’s Government or, failing that, the bookselling couple in the North of England who brought the W.W. II-vintage poster back from obscurity. But one former TV producer has different ideas, and would like to own the rights. [CBS News (autoplays; I've removed the previously embedded video because I couldn't disable autoplay); earlier]

Judge Clifton of the Ninth Circuit (via ArsTechnica):

Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so,” the opinion begins.

Before us is a case about a lawyer who tried to establish that a company owned a copyright by drafting a contract calling the company the copyright owner, even though the company lacked the rights associated with copyright ownership. Heeding Lincoln’s wisdom, and the requirements of the Copyright Act, we conclude that merely calling someone a copyright owner does not make it so.