Go to the iTunes store and listen to 30 seconds of “I Need A Freak,” recorded in 1983 by the band Sexual Harrassment. This song was licensed by one of defendants (dba Sexual Harrassment) to the Black Eyed Peas for use in ‘My Hump’ in 2005. Plaintiff alleges he wrote the song. Defendant alleges acquiescence.
Copyright
Berne Doesn’t Seem To Be Self-Executing
Sometimes decisions are interesting because the issue in contention is so apparently uninteresting (by this point). The Berne Convention pretty much (but not exactly) says that it is not self-executing. There are many U.S. decisions that say that it is not self-executing (and every SDNY decision holds that it is not). Congress, when it implemented…
Answer Guides As Protected Derivative Works Of Textbooks
Defendant copied unregistered teacher answer guides to publisher’s registered text books. Def. argued that the copied work was unregistered. Held: Defendant’s supplement is unauthorized derivative work of (registered) textbook. (Report and recommendation from October, copied below, accepted and ordered by Judge yesterday).
Decsiion Pearson Derivative Work…
Copyright Action Arising From (Physical) CBC Trespass To Fashion Show
Plaintiff held a fashion show on its (private) premises. It limited media access to those who signed an agreement. Defendant Candian Broadcasting Corporation gained access to the premises without signing such an agreement and filmed the show. Plaintiff sues on copyright and trespass.
Complaint Copyright Trespass CBC…
Well, Once There Are StormTroopers, The Helmets Will Be Useful
THR, Esq.: ‘STAR WARS’ Stormtrooper Costumes Not Artistic, Says Court‘:
A British appeals court has ruled that these helmets are not copyrightable works of art and therefore, Lucasfilm can’t prevent Andrew Ainsworth from selling replicas of the helmets. The $20 million lawsuit against Ainsworth has dragged on for five years and may continue
…
Penguin v Steinbeck Estate re: The Pearl
Penguin Group prevails on summary judgment regarding interpretation of contract with Steinbeck estate regarding “The Pearl,” which I read in seventh grade and didn’t particularly care for due to unhappy ending. Also, some anxiety wrt scorpions due to book.
Decison Steinbeck Estate…
What An Objectively Unreasonable Copyright Suit Looks Like
Plaintiff’s suit re copyright infringement re novel and play with somewhat widely differing treatments of fictional trial of Judas, dismissed at summary judgment. Fees to be awarded to defendant as suit was held to be objectively unreasonable.
Decision Judas Trial Objectively Unreasonable
Link To Complaint In Joltid v Skype Copyright Suit
Background of Joltid’s copyright suit against Skype here; link to text of decision here.
$60,000 For Footage Of Madoff On A Yacht – Fox News Sued
Plaintiff takes video footage of Madoff on a yacht in 2003. Lets Fox News show it for a bit for $10,000. Fox exceeds the license period, plaintiff complaints, Fox pays another $50k, exceeds license period again, plaintiff sues.
Complaint News Footage