Posted: December 9th, 2011
By Rob Abb & Matthew McClellan *
As I discussed in a previous blog, there is a looming battle between the major recording companies and prominent performing artists regarding who will own the copyrights to some of the most valuable albums produced in the last 35 years. The issue will be whether the performing artists, including Bruce Springsteen, Michael Jackson, and Bob Segar, among others, may exercise their termination rights. Congress passed the Copyright Act in 1976 and granted authors a new property right – a right to recapture ownership and control of copyrights by terminating past assignments or licenses of those works following a set number of years. The right is granted to authors, including songwriters, poets, novelists, painters, etc., and ensures that grants of even the entire copyright can be terminated, regardless of consideration or what the contract specifies. Continue reading »
Posted: November 25th, 2011
By Pierce Haar *
Drago and the other villains from the Rocky movies have some company now as the enemies of “Rocky” a.k.a. Sylvester Stallone. A Connecticut screenwriter has sued Sylvester Stallone and his co-writer of the 2010 action film for copyright infringement. Marcus Webb claims that the screenplay for “The Expendables” is “strikingly similar and in some places identical” to his screenplay for “The Cordoba Caper.” Mr. Webb claims to have filed the screenplay for the work with the U.S. Copyright and Patent Office in 2006. According to him, “there can be no dispute that Stallone had access to and copied portions of the screenplay.” Webb shopped the script around Hollywood between 2006 and 2009 to various producers, but it was ultimately not picked up. Continue reading »
Posted: November 8th, 2011
By Tierryicah D. Mitchell *
Kings in Court Series: Part II
Commonly referred to as King James for his superior skills on the basketball court, LeBron James is the perfect subject of the second edition in the Kings in Court Series. The Kings in Court series was created to highlight individuals, who are deemed to be royalty in their own right, that have found themselves in court for some sort of intellectual property violation.
On or around September 6, 2011, songwriter-producer Mason “Big Mace” Hall filed suit in a Georgia federal court against Lionsgate Entertainment (the distributor of the documentary) and Interscope Records (LeBron James’ label) for copyright infringement for the inclusion of unauthorized music in Liongate’s documentary, More Than A Game. Mr. Hall alleges that the song at the center of the controversy entitled, “We Ready,” was used at several points during the documentary without his permission. During the documentary, which highlights the high school basketball careers of LeBron James and his high school teammates, the young players can be heard performing a pre-game motivational chant also entitled, “We Ready.” Interviews conducted during the documentary with several players explained that this song-chant, which was performed ritually during the warm-up of each game, became the “rallying cry” of the team. Continue reading »
Posted: November 6th, 2011
By Lena Mualla *
Google aims to create the world’s largest library. Depending on the outcome of its pending litigation with authors and publishers, we may see the realization of that goal sooner rather than later. The benefits are obvious: making a massive array of books available, including books from all over the world as well as books that are currently out of print, would improve access to knowledge. In fact, as part of an earlier, unsuccessful attempt to resolve the litigation, Google announced it would offer at least one terminal in each public library, allowing free access to its digital library. In addition, Google further committed to providing accommodations for those who are visually impaired.
However, authors have been up in arms over Google’s alleged copyright infringement of their works in its quest to form its digital library. Specifically, Google had used snippets of authors’ works without obtaining the right to do so. Moreover, Google came under fire for its scanning of orphan works. An orphan work is a copyrighted work whose copyright owner cannot be found. That is why the Authors Guild and the Association of American Publishers brought suit against Google in 2005 for copyright infringement. Yet, Google is seemingly in a good position, despite the ongoing litigation. Attorneys for both the Authors Guild and the Association of American Publishers indicate that progress is being made, hinting that a settlement may be reached before the trial date. Continue reading »
Posted: October 28th, 2011
By Christian Stoffan *
Billie Holiday, Benny Goodman, Teddy Wilson, and Coleman Hawkins were great jazz musicians, but some of their most spectacular recordings are not fully available to the public. Why? The recordings of the impressive Savory Collection are “orphan works.”
A work is legally an orphan work where it is difficult or impossible to identify or contact the copyright owner. This legal phenomenon occurs because of the evolutionary nature of copyright law. Orphan works are the byproduct of three decades of change that has relaxed the obligations of copyright owners to assert and manage their rights. The U.S. Copyright Office recognized the detrimental effect of the potential copyright liability of orphan works and suggested a legislative solution when they published a Report on Orphan Works in 2006. The proposed legislation, the Orphan Works Act of 2008, creates a limitation on remedies available for copyright violations of works that meet the criteria of an orphan work. The controversial criterion is a “reasonable search” for the copyright owner. The purpose of the legislation is to protect good faith users of orphan works without eliminating remedies for copyright owners. Continue reading »
Posted: October 24th, 2011
By Tierryicah D. Mitchell *
Kings in Court Series: Part I
The Kings in Court series was created to highlight individuals, who are deemed to be royalty in their own right, that have found themselves in court for some sort of intellectual property violation.
On October 14, 2011, blues and soul musician Syl Johnson filed suit against the self-proclaimed kings of rap, Jay-Z and Kanye West, alleging copyright infringement. According to the complaint, which was filed in an Illinois federal court, the rap royalties illegally sampled a portion of Syl Johnson’s, “Different Strokes,” on their most recent album, Watch the Throne,in the song, “The Joy.” The complaint further makes the dual points that Mr. Johnson never gave any permission for the use of his song and that Mr. Johnson has not been given any form of recognition or payment for the use of his song. Continue reading »
Posted: October 21st, 2011
By Sarah R. Riedl *
We live in a world where much of life is digitized: meetings take place over the Internet without needing to leave home, bills are paid without the use of stamps or checks, and books can be read without turning a single page. While for a great many of us this digitization makes life simpler and more streamlined, eight authors are watching their copyrights trampled as a result of such digitization.
Eight authors and three authors’ groups have filed a copyright infringement suit against HathiTrust, a research library partnership, and several universities for their digitized book collections. The plaintiffs claim HathiTrust and the universities have violated the Digital Millennium Copyright Act (DMCA). The plaintiffs seek injunctive relief stopping the defendants from distributing the digitized copies and declaratory relief stating that the defendants have infringed copyrights. Moreover, the plaintiffs do not seek any monetary damages for the alleged infringements. Continue reading »
Posted: October 19th, 2011
By Rob Abb *
What do Billy Joel, Bruce Springsteen, and Bob Segar have in common, besides being legends of rock and roll? In two years, each rock icon faces a potential legal battle with his record company over rights to some of his most successful albums.
Currently, their record companies own the copyrights to some of the artists’ most famous and successful works. However, in 2013, Joel can exercise his termination rights under the 1976 Copyright Act and regain control of his 1978 album, “52 Street.” Similarly, Springsteen can reclaim control of his 1978 album, “Darkness on the Edge of Town,” and Segar can reclaim his 1978 album, “Stranger in Town.”
How are Joel, Springsteen, and Segar planning to reclaim their work? When Congress passed the Copyright Act in 1976, it included a new property right – a right that authors or their estates can use to recapture ownership and control of copyrights by terminating past assignments or licenses of those works following a set number of years. The right is granted to authors, including songwriters, poets, novelists, painters, etc., and ensures that grants of even the entire copyright can be terminated, regardless of consideration or what the contract specifies. Accordingly, Congress made the termination right “inalienable.” Continue reading »
Posted: October 13th, 2011
By Joseph Norman *
Ryan Hart in action: http://www.nj.com/rutgersfootball/index.ssf/2009/06/former_rutgers_quarterback_rya.html
“Point Guard, number 3 for three!” might be the call you hear from your Xbox 360 when you are playing EA Sports’ NCAA Basketball with Chris Paul and the 2004 Wake Forest Demon Deacons. Even though Chris Paul just dialed up downtown, the announcer did not refer to him by name.
EA Sports cannot name Chris Paul in the video game because they would need to have a license to do so; however, the NCAA prohibits players from making money off of their publicity rights so players cannot license their name to EA Sports. Instead, EA Sports uses Paul’s physical attributes, sports statistics, and biographical information to represent the virtual Paul. In other words, when a user plays EA Sports’s NCAA Basketball and selects Wake Forest’s 2004 squad, the point guard on that team is meant to be a close physical approximation of the real point guard from that time in that year. But it isn’t Chris Paul! Continue reading »
Posted: September 17th, 2011
By Ashley Webb *
In the newest wave of intellectual property suits, one Hollywood studio is being sued for violating a tattoo copyright. In “The Hangover Part II,” wimpy D.D.S. Stu wakes with a hangover that will last a lifetime: a huge tribal symbol tattooed to his left cheek, identical to the Maori-themed tattoo world-champion boxer Mike Tyson dons.
While millions of fans found humor (and irony) in the Tyson-inspired tattoo on Stu’s face, Mr. S. Victor Whitmill is not laughing. A tattoo artist from small-town Missouri, Whitmill claims to own the copyrights to Mike Tyson’s tattoo, and therefore the exclusive right to create derivative works as well as the right to public display of the tattoo. In his suit against Warner Bros. for appropriating the copyrighted “Tribal Tattoo” onto Ed Helms’ character, Whitmill claims, “this case is not about Mike Tyson, Mike Tyson’s likeness, or Mike Tyson’s right to use or control his identity.” Rather, his complaint states it is about the copying of the tattoo onto someone else, and the failure to obtain permission to reproduce a derivative work for use throughout the film and promotional materials. So far, a U.S. District Court Judge has denied Whitmill’s request for an injunction to prevent the opening of the film. Continue reading »