2015 year in review
In this Episode:
- Santa Claus is Coming to Town ruling
- Happy Birthday Copyright
- Lenz v. Universal (Dancing Baby / Fair Use a right)
- Blurred Lines Case
- Innocence of Muslims Ruling (and possible en banc review)
- Pre ‘72 Copyrights – Turtles case, etc.
- Pre-1972 Music Update, Sony, Google, Apple
- The Turtles Lose Bid to Halt SiriusXM’s $210M Settlement With RIAA
- Pandora Settles
- Copyright Office Music Licensing Study – THB
- Point Break Live ruling
- Monkey Selfies
Santa Claus is Coming to Town ruling
In October , as we reported in Episode 67 of the show… the 2nd Circuit Court of Appeals ruled that rights to “Santa Claus is Coming to Town,” the all-time most performed holiday song, will revert to the heirs of J. Fred Coots.
Happy Birthday Copyright
THIS CASE SETTLED LAST WEEK: A settlement was reached last week in the class action claim that the lyrics to “Happy Birtday to you” are in the public domain.
Lenz v. Universal (Dancing Baby / Fair Use a right)
Blurred Lines Case
Then in Episode 65, we reported that the judge had ruled against the defendants’ motion for a new trial, but had trimmed the judgment down to about 5.3 Million Dollars…
Innocence of Muslims Ruling (and possible en banc review)
On February 26, 2014, the United States Court of Appeals for the Ninth Circuit ordered YouTube to remove the video from its website by a 2-1 majority. The ruling was in response to a complaint by actress Cindy Lee Garcia, who had objected to the use of her performance, which had been partially dubbed for its inclusion in Innocence of Muslims.
Garcia had believed during production that she was appearing in a film called Desert Warrior, which was described as a “historical Arabian Desert adventure film”, and was unaware that anti-Islamic material would be added at the post-production stage. Garcia had argued that she held a copyright interest in her performance. the lower court disagreed, but the 9th initially held that she could have such an interest, and ordered youtubr/google to takedown the film.
then, In May of this year…, in an en banc opinion, the Ninth Circuit reversed the panel’s decision, vacating the order for the preliminary injunction…
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Pre ‘72 Copyrights – Turtles case, etc.
Pre-1972 Music Update, Sony, Google, Apple
Quick Mention: Sirius XM
This settlement was contested later in the year, covered in Episode 65, July 2015.
The Turtles Lose Bid to Halt SiriusXM’s $210M Settlement With RIAA
Flo & Eddie Inc. v. Sirius XM Radio Inc. et al., case number 2:13-cv-05693, in the U.S. District Court for the Central District of California.(original lawsuit, http://www.project-72.org/documents/Flo%20&%20Eddie%20v.%20Sirius%20XM%20(Order%20on%20MSJ).pdf)
Copyright Office Music Licensing Study – THB
Point Break Live ruling
From Episode 68: The second circuit has ruled that “Point Break” parody is entitled to copyright protection
https://www.techdirt.com/articles/20151106/23433032738/monkey-see-monkey-sue-defendants-ask-judge-to-toss-out-ridiculous-monkey-copyright-lawsuit.shtml – (RE: Motion to dismiss by defendants)
https://assets.documentcloud.org/documents/2509399/gov-uscourts-cand-291324-28-0.pdf – (Slater’s motion to dismiss)
https://www.documentcloud.org/documents/2509398-3e17e9c2-f21a-4cca-aca7-ba1c6c6fd616.html#document/p11 (blurb’s motion to dismiss)
http://www.chicagotribune.com/news/weird/ct-monkey-selfie-copyright-20151111-story.html– (Gender of the photographed monkey being disputed)
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http://www.peta.org/wp-content/uploads/2015/12/20151204Plaintiff27sOppositiontoMTD.pdf (PETA’s Response)