Mockumentaries, Downloads, Licenses, and First Sales
In this Episode:
- follow ups
- Letterman v. Phoenix?
- Naked Cowpersons
- Eminem wins on downloads
- ASCAP Loses on downloads
- MADONNA not the only material girl
- Ivi, Inc. says it doesn’t need a license for tv rebroadcasts
- Righthaven: Troll or Defender?
- Vernor v. Autodesk – is the first sale doctrine dead?
GET CLE CREDIT for this episode.
greeting card featured a scene with a caption that read “Paris’s First Day as a Waitress” and made a pun on her trademarked catch phrase, “That’s Hot.” In 2007, Hilton sued, claiming her publicity rights had been violated.
- Lindsay Lohan Settles “Milkaholic” suit – poll says she’s “too sensitive”http://latimesblogs.latimes.com/gossip/2010/09/lindsay-lohan-etrade-settle-milkaholic-baby-lawsuit-poll.html
- Fox News settles Bernie Madoff footage dispute
(use of footage ran beyond the license term… settled by stipulation, terms not disclosed)
- Viacom appeals Google/Youtube ruling not much to say here… we wait and see.
- Judge more than doubles award to Don Johnson in ‘Nash Bridges’ lawsuit | L.A. NOW | Los Angeles TimesLast Month, the jury awarded Johnson $23.2 million in profits from the show. The actor contended that he owned half of the show’s copyright but had not been paid his share of the profits.In Wednesday’s ruling, Judge Michael Stern ordered Rysher Entertainment to pay pre-judgment interest to the actor on top of the verdict, bringing the total sum to more than $51 million.
- Celador wins interest award of $50 Million in “Millionaire” case (on a $270 Million damages award)
Letterman threatens suit against Joaquin Phoenix over use of late show footage in film
Naked Cowboy vs Naked Cowgirl
Trademark Trials and Appeals Blog http://ttablog.com
Eminem Wins lawsuit against label over characterization of downloads
Issue was whether Aftermath’s provision of Eminem’s songs to iTunes was a “sale” or “license” for purposes of a contract drafted in the pre-digital age.
2nd Circuit ruled (just yesterday (9/28)) against ASCAP (ASCAP v. YAHOO, et.al.)
upholding a lower court ruling that DOWNLOADS are NOT public Performances
Supreme Court to review file-sharing case
Harper v. Maverick Recording Co.
LA Triumph, a clothing manufacturer based in — where else? — Los Angeles, says Madonna’s Material Girl line of clothing for Macy’s breaches its trademark for the name. The company claims it’s owned a brand of clothing called Material Girl since 1997.
New Live TV Streaming startup Ivi, Inc. relying on interesting copyright provisions to avoid liability
ivi, Inc., has raised $1 million in venture funding with a self-proclaimed “legal strategy” to rebroadcast television online without the permission of broadcasters or content-owners.
The company claims it doesn’t need to actually have permission from broadcasters or content owners. Instead, according to an interviewgiven by ivi founder and CEO Todd Weaver to TechFlash, the company “pays the Copyright Office which in turn pays the stations an undisclosed amount to pick up the signal, which it does by either placing a physical encoder device at the station or capturing it from satellite or antennae.”
Title 17, United States Code, Section 111 (deals with liability of cable television systems and exemptions for hotels, homes, and educators)
Vernor v. Autodesk
First sale doctrine doesn’t apply where software sold as a license containing restrictions on use and resale.