- The ethics (and law) of emergencies: heroic efforts to shore up medical equipment on the run, such as using 3-D printing to supply a missing ventilator valve in an Italian hospital, can run into knotty problems of IP rights [Jay Peters, The Verge]
- “Plaintiff recognizes that the community is in the midst of a ‘coronavirus pandemic.’ But Plaintiff argues that it will suffer an ‘irreparable injury’ if this Court does not hold a hearing this week and immediately put a stop to the infringing unicorns and the knock-off elves…. The world is facing a real emergency. Plaintiff is not.” [Lowering the Bar on federal Northern District of Illinois case]
- As churches scramble to shift their worship services online, a gnawing question: are you sure you have the right to stream that song of praise? [The Gospel Coalition] Beating hasty retreat, Disney apologizes for having sought $250 licensing fine against arents at California school who’d screened “Lion King” video to entertain kids during PTA event [Nat Orenstein, Berkeleyside; Isabel McCormick, ScreenRant]
- “It’s still early in 2020. But this is my vote for most annoying copyright complaint so far: a map (thin copyright!) shown (apparently only in passing; I haven’t watched yet) in the background of a movie that not only flopped but did so 8 years ago” [Zahr Said on coverage by Kyle Jahner, Bloomberg Law]
- Jury awards $1 billion to music labels against cable and internet giant Cox, after claims it didn’t do enough to combat infringement by its users [Chris Eggertsen, Billboard]
- “Newspaper Can Talk About ‘Derby Pies’ Without Infringing Trademarks–Rupp v. Courier Journal” [Eric Goldman; my Cato podcast on that subject with Caleb Brown back in 2016]
- “Musicians Algorithmically Generate Every Possible Melody, Release Them to Public Domain” [Samantha Cole, Vice “Motherboard”]
Posts Tagged ‘movies film and videos’
Antitrust, taxes, and the decline of old Hollywood
The Paramount consent decrees with the U.S. Department of Justice in and after 1948 helped spell an end to the old motion picture studio system, as the Hollywood giants could no longer own theaters to exhibit their films or use block-booking practices to ensure distribution of less popular output. Now, seventy years later, the decrees may at last be on their way out. “Today, as a resurgent left, sometimes joined by the populist right, demands a return to punitive taxes and blunderbuss enforcement of U.S. antitrust laws, the Hollywood experience offers a timely reminder of how economic crusaders can destroy what they don’t understand. By hampering creativity and increasing risk, ill-informed antitrust action can ultimately harm the consumers it is supposed to protect.” [Virginia Posstrel, Yahoo/Bloomberg; background, Ted Johnson/Deadline and Alex Weprin/Hollywood Reporter; related last year]
“Conan O’Brien: Why I Decided to Settle a Lawsuit Over Alleged Joke Stealing”
People come up with the same joke independently from each other all the time. What to do when someone insists he has been stolen from? Late-night host Conan O’Brien: “This saga ended with the gentleman in San Diego and I deciding to resolve our dispute amicably. I stand by every word I have written here, but I decided to forgo a potentially farcical and expensive jury trial in federal court over five jokes that don’t even make sense anymore. Four years and countless legal bills have been plenty.” [Variety; Mike Masnick, TechDirt]
Free speech roundup
- Turkish economist “Snatched at Night, Questioned for ‘Insulting’ Erdogan” [Asli Kandemir and Taylan Bilgic, Bloomberg News] “Croatian journalists stage protest against abusive lawsuits” [IFEX]
- SCOTUS has made clear that First Amendment generally bans government from “retaliat[ing] against a contractor… for the exercise of rights of political association.” That should doom Los Angeles ordinance requiring contractors to disclose ties to National Rifle Association (NRA) [Eugene Volokh]
- “How Regulation Cripples Online Political Speech” [Cato Daily Podcast with attorney Allen Dickerson with the Institute for Free Speech; related on unconstitutional Maryland law] License to chill: New Jersey bill would require disclosure of donors involved in “providing political information on any candidate or public question, legislation, or regulation” [Emily Kelchen, Federalist Society]
- Alabama publicity rights law trips up documentary series with focus on deceased man [Timothy Geigner, TechDirt]
- “Libel Case Can’t Be Litigated with the Alleged Libel Sealed, Says Federal Court” [Volokh]
- “Why Is the Fight for Free Speech Led by the Psychologists?” [Scholar’s Stage] From last year, another review of Keith Whittington’s book on academia, Speak Freely [James Stoner; earlier here, here]
January 9 roundup
- Maker of Steinway pianos threatens legal action against owners who advertise existing instruments for sale as used Steinways if they contain other-than-factory replacement parts [Park Avenue Pianos]
- When the Securities and Exchange Commission settles with defendants, it extracts gag orders forbidding them to talk about the experience. Is it constitutional for the government to do that? [Peggy Little, New Civil Liberties Alliance/WSJ] Update: Cato is suing about this on behalf of former businessman who wants to write book about his experience in court against the SEC [Clark Neily]
- Judge preliminarily enjoins New York City ordinance requiring home-sharing platforms like AirBnB to turn over to authorities “breathtaking” volume of data about users [SDNY Blog]
- U.S. Chamber’s top ten bad lawsuits of 2018 [Faces of Lawsuit Abuse] “The Most Important Class Action Decisions of 2018 and a Quick Look at What’s to Come” [R. Locke Beatty & Laura Lange, McGuire Woods]
- “Small aircraft engines are much less reliable than automobile engines. Why? Well, they all must be FAA certified, and it’s not worth the cost to certify, say, a new model of spark plug.” [John Cochrane, who gives HIPAA and military examples too]
- “Why logos and art are sometimes blurred on reality TV shows” [Andy Dehnart, Reality Blurred, 2017]
Works from 1923 finally enter public domain
“No published works have entered our public domain since 1998.” Why the drought? “Works from 1923 were set to go into the public domain in 1999, after a 75-year copyright term. But in 1998 Congress hit a two-decade pause button and extended their copyright term for 20 years, giving works published between 1923 and 1977 an expanded term of 95 years.” Works from 1923 that became publicly available this week include (silent) films Safety Last, The Ten Commandments, and Our Hospitality, various novels by P.G. Wodehouse, Agatha Christie, Aldous Huxley, and Virginia Woolf, musical compositions Who’s Sorry Now, Charleston, and Yes, We Have No Bananas, and Robert Frost’s poem “Stopping By Woods On a Snowy Evening.” [Center for the Study of the Public Domain, Duke Law] “And assuming Congress doesn’t interfere, more works will fall into the public domain each January from now on.” Among those in the next few years: Gershwin’s Rhapsody in Blue and Fitzgerald’s The Great Gatsby. [Timothy Lee, ArsTechnica; link fixed now] Earlier here, here, and here; given shifts in public opinion, trade associations for rights holders did not attempt to pass another extension this time.
Judge: First Amendment protects recording cops and officials performing public duties
“A federal court judge Monday ruled a Massachusetts General Law prohibiting the secret audio recording of police or government officials is unconstitutional. …In the 44-page decision [Judge Patti] Saris declared that ‘secret audio recording of government officials, including law enforcement officials, performing their duties in public is protected by the First Amendment, subject only to reasonable time, place and manner restrictions.'” [Noah Bombard, MassLive]
“Needless to say, the film-makers employed no such editing maneuvers during the interviews of the plaintiff litigation team.”
Defense lawyer Stephen McConnell reviews the shame-on-business documentary The Bleeding Edge. There were few surprises: “We had been fully warned that the film was a thoroughly one-sided screed against the medical device industry….We also hear from ubiquitous plaintiff expert David Kessler, a former head of the FDA.” And see: our coverage back when of other one-sided documentaries including “The Hunting Ground” (college sexual assault), “Super Size Me,” the one on the (fraud-riddled) banana pesticide litigation, and above all the trial-lawyer-backed “Hot Coffee” (much more on which).
August 22 roundup
- Don’t: “Former lawyer is charged with stealing client identities to apply for litigation advances” [Debra Cassens Weiss, ABA Journal; Marietta, Georgia]
- “Website Access and Other ADA Title III Lawsuits Hit Record Numbers” [Minh Vu et al., Seyfarth Shaw; related, Julia Limitone, Fox; earlier] More compliance deadlines for movie theatres on captioning and audio description [Kevin Fritz, Seyfarth Shaw]
- Because this damaging exercise in maritime protectionism isn’t going away, Cato has launched a Project on Jones Act Reform [earlier]
- Worth keeping an eye on: proposals for “International Convention on Business and Human Rights” [Carlos Lopez, Opinio Juris, first, second posts]
- Alan Reynolds on the return of antitrust [Regulation mag via David Henderson, Econlib] A guide to Regulation mag articles on antitrust over the years [Peter Van Doren] Federalist Society conference on The Antitrust Paradox [opening remarks with Hon. Makan Delrahim and Dean Reuter first, second; panel on book’s generational impact first, second; panel on current state of play first, second]
- “Pro tip from the Tenth Circuit: Attorneys should tell the court if their clients die.” [Havens v. Colorado Department of Corrections via John Kenneth Ross/Short Circuit]
AT&T Time Warner merger
My new piece at CNN begins by noting that antitrust law has moved on since the Truman era, even if the U.S. Department of Justice hasn’t quite:
In 1948 the US Supreme Court ordered Hollywood studios to sell their movie theaters, following the then-popular idea that the government should police marketplace competition by restraining businesses’ vertical integration — or as we might put it these days, by ordering content kept separate from distribution.
The surprise in 2018 is not so much that US District Judge Richard Leon rejected the government’s challenge to the $85 billion AT&T-Time Warner merger. That much was expected by most antitrust watchers. The shock came from the stinging way he rejected the government’s evidence — using language such as “gossamer thin” and “poppycock.”
CNN, of course, is owned by merger participant Time Warner. The question is not whether vertical integration will happen in video delivery, but whether older companies will be allowed to catch up. For Washington to block a merger like this, I suggest, “would be as futile as attempting to separate Net from Flix or You from Tube.”