In this episode, in addition to our usual coverage of the stories from the previous month, we take a deep dive into “Over The Top” services… Stay tuned ’till the end
Sirius Battle Over Attorney Fees Follows Turtles’ Pre-1972 Sound Recordings Settlement
Related: Florida Supreme Court to hear Turtles copyright case
Appeals Court Makes It Tougher for Content Companies to Sue Tech Services for Mass Piracy
EFF to Court: Don’t Let the Right of Publicity Eat the Internet
Federal Court Basically Says It’s Okay To Copyright Parts Of Our Laws
AMERICAN SOCIETY FOR TESTING AND MATERIALS, et al.,
v. PUBLIC.RESOURCE.ORG, INC.,
And AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al.,
v. PUBLIC.RESOURCE.ORG, INC.,
Carl Malamud’s Public.Resource.org
U.S. Government’s Seizure of Music Publishing Assets Draws Malaysian Financier’s Family
Federal Copyright Preemption Extends to Preempt State Laws Which Protect Material That Congress Expressly Declined to Protect Under Federal Copyright Law
Case: Ultraflo Corp. v. Pelican Tank Parts, Inc. (5th Cir. Jan. 11, 2017)
University Rejection of Students’ Marijuana-Themed T-Shirt Violates First Amendment–Gerlich v. Leath
(new filing) Author Who Turns Classics Into Children’s Books Is Sued
Just for Fun…
Ellen DeGeneres Defeats Lawsuit Over Breast Pun–TiTi Pierce v. Warner Bros
https://drive.google.com/file/d/0B3qcXqC5g48KNE1fSzNSM1IwUmc/view (actual decision)
At “Slants” Hearing, U.S. Supreme Court Weighs Offensive Trademarks (Tam v. lee)
Supreme Court Asked If DMCA Safe Harbors Apply to Pre-1972 Sound Recordings
New York Appeals Court reverses flo ‘n Eddie decision
IMDB Asks Court to enjoin enforcement of new California actor age censorship law
SAG/AFTRA wants to join as defendant
State of California argument
‘Krusty’ Krab Restaurant violates Viacom’s “Spongebob rights
Axanar fan-film, NOT Fair Use (Judge Finds), goes to jury (now settled)
(CBS, Paramount settle)
Law Practice, Ethics, Etc.
Attorney ordered to identify deceased client in James Woods’ twitter defamation action
Dead Rockers Estates, Taxes and more…
Michael Jackson’s estate goes to trial over $1Billion tax bill
Prince’s Estate Tax Bill Due This Week: Why It’s So Big and How It Could Have Been Avoided
Roc Nation, Tidal Challenge Authority of Administrator of Prince Estate
And another lawyer discipline situation…
Flo and Eddie lose appeal in NY. Proposed settlement reached with Sirius.
And Now… Our year end round up of the big stories from 2016… In no particular order, and this is a totally un-scientifically compiled list…
Happy Birthday and other works into P.D.
In episode 75 we discussed
- Quick Take: “Woodie Guthrie’s “This Land is Your Land” in P.D.
- Quick Take 2: “We Shall Overcome” and go into P.D.
DOJ/ASCAP/BMI Consent Decree
Actor Age confidentiality
Prince’s death, estate, etc.
Zappa Family Dispute – You can have an estate plan and there are still disputes.
Maria Pallante out at copyright office
https://www.copyright.gov/newsnet/2016/648.html – Librarian of Congress Seeks Input on Register of Copyrights
Supreme Court Docket
This episode was recorded live before an audience of fellow entertainment attorneys at
Texas CLE’s 2016 Entertainment Law Institute
Our guest panelist on this episode is Stan Soocher.
Stan is the long-time Editor In Chief of Entertainment Law and Finance, and a tenured Associated Professor of Music and Entertainment Industry Studies at the University of Colorado’s Denver Campus. He’s an entertainment attorney, and an award winning music journalist, and the author of two books about lawsuits in the music industry. Two years ago, he was the recipient of the State Bar of Texas’ Entertainment and Sports Law Section’s “Texas Star Award”.
Recent cases and stories we’re watching:
Maria Pallante “reassigned” at Library of Congress; Resigns
(Quick update) Lenz v. Universal: Is Supreme Court Review in the cards?
Follow Up: Studios Beat Lawsuit over lack of closed-captioning of songs in movies…
Follow Up: Fox News Anchor Harris Faulkner Settles Lawsuit Over Hasbro’s Toy Hamster
https://www.techdirt.com/articles/20151027/07151432647/fox-news-anchors-suit-over-toy-hamster-likeness-results-hilarious-point-by-point-hasbro-rebuttal.shtml (hasbro’s rebuttal to the initial complaint)
Quick Take: Supreme Court to review “Slants” Disparaging Trademark Case
Abbott and Costello Heirs Lose Appeal Over Broadway Play’s Use of “Who’s on First” Routine
Discussion on the Law of Podcasting
Some relevant materials at our Google Community: https://plus.google.com/communities/110383868240321559130
Other Google Plus Resources: https://plus.google.com/collection/M1ycXB
Get my ebook!
Plaintiff appeals ‘Stairway to Heaven’ copyright verdict (Update: denied fees)
LeBron James Tattoo Thrown Out
Lionsgate Follow Up
Maybe – “Can The Olympic Committee really restrict Gif’s?
How about hashtags? http://www.bbc.com/news/blogs-trending-36915565
Dancing Baby May Be Going to the Supreme Court
DOJ ASCAP/BMI Consent Decree Fall Out
More on DOJ – recommended listening: MusicTechPolicy.com Podcast: Chris Castle, Steve Winogradsky & David Lowery
Stephen Colbert Cease And Desist
‘Iron Man’ Composer’s Lawsuit Over Ghostface Killah Sampling Revived by Appeals Court
Photographer sues Getty Images over PD images
Press agency accuses Getty Images of overstepping.. http://ipprotheinternet.com/ipprotheinternetnews/copyrightarticle.php?article_id=5029#.V6f9LmXj6Ml (side note: complaint filed)
Monkey Selfie Case – Peta files appeal
Set Top Boxes FCC v. Copyright Office
https://www.eff.org/document/letter-maria-pallante-fcc-re-set-top-boxes (Copyright office letter)
For Fun – Are Crossword Puzzles copyrightable?
Woman Defaces Crossword Art: Claims Copyright
Announcement: Join Entertainment Law Update at Texas Bar CLE’s Entertainment Law Institute, in Austin, November 3-4, 2016/ For more information, visit http://texasbarcle.com
Led Zeppelin Ruling – No infringement
http://mcir.usc.edu/inplay/Documents/skimore.summaryjugement.pdf (just background information)
http://www.inquisitr.com/3229045/led-zeppelin-wins-copyright-lawsuit-courts-deem-stairway-original-work/ (more on why the recordings weren’t able to be used)
http://www.hollywoodreporter.com/thr-esq/lawyer-who-sued-led-zeppelin-907780 (side note: attorney for Plaintiff may not be allowed to practice anymore)
http://arstechnica.com/tech-policy/2016/07/led-zep-lawyers-want-800k-for-defending-stairway-to-heaven-lawsuit/ (side note: the legal fees)
http://www.worldipreview.com/news/led-zeppelin-s-publishers-demand-800-000-damages-10416?utm_source=World+IP+Review&utm_campaign=26142bebd5-WIPR_Digital_Newsletter_27_06_2015&utm_medium=email&utm_term=0_d76dcadc01-26142bebd5-27468325#.V4OmfOEFDrk.linkedin (LedZep Publisher’s demand for $800,000)
Is there a Small Claims Copyright Court in the future?
Apple’s Streaming Royalties Proposal
J.R. Smith’s Right of Publicity in his Tattoos?
http://sports-law.blogspot.com/2016/06/does-jr-smith-have-right-of-publicity.html(picture of t-shirt for reference)
Three Texas SLAPP Cases
Brexit IP Impact
Brexit being trademarked (quick take)
Pre-1972 Magic from the 11th Circuit
Department of Justice denying consent decree
Fox News Hamster Follow-Up (quick take)
Politicians and Music Rights
Huckabee Pays for the Eye of the Tiger
Melania Trump Plagiarism
Trump – We are the Champions
http://www.hollywoodreporter.com/thr-esq/why-donald-trump-should-have-914367 (Posted after the fact)
Ted Cruz Infringing
https://assets.documentcloud.org/documents/2993705/Leopona-v-Cruz-MTD.pdf (Cruz motion to dismiss)