I hope by now you’ve seen the “Mannequin Challenge” videos. Two of my personal favorites are: the solo challenge and the cheating girlfriend. Do you have a favorite? Share it in the comments! A lot of the videos are dealing with takedown notices for copyright infringement because they include the song “Black Beatles (feat. Gucci Mane)” by…
Read the full article on Medium. A response to Klint Finley’s article, The Internet’s Safe Harbor Just Got a Little Less Safe, published in WIRED on August 17, 2016. The internet’s safe harbor did not just become a little less safe and I argue that it’s a far cry to conclude that Judge O’Grady’s recent decision will have an extreme…
Everyone wants a piece of Britney Spears. At least that’s how it appears in a recently filed complaint against the pop star’s record label, Sony Music Entertainment, its subsidiary RCA Records, and the label imprint Zomba Recording. The lawsuit alleges two claims of copyright infringement, one for the 2007 Britney Spears track “Piece of Me” and a second for Travis Porter’s…
Do you use Flickr? They have recently come under fire for selling canvas prints and wall mounts of user-submitted photographs through their website without passing any of the profits on to the creator. Creative Commons (“CC”) licensing is allowing them to do this 100% legally.
There are a lot of different ways people use the service. I use it to store backups of photos. It also has a very robust “Advanced Search” feature, which comes in handy to find free stock photos.
Today is the first day of the 4th Annual Entertainment Law Symposium in Nashville, TN! This three-day event is a part of the Americana Music Festival & Conference 2014, which The New York Times has dubbed “The coolest music scene today.” The American Bar Association’s Forum on the Entertainment & Sports Industries co-sponsors the symposium with the Arts & Business Council of Greater Nashville.
I’ve gathered together a few resources below to help you discover all the best opportunities that are available to attendees. The symposium takes place at the Hutton Hotel & Palmer Plaza and runs through Friday, September 19th, so check back each day for the highlights and coverage from the ABA’s Forum on the Entertainment & Sports Industries!
For a complete schedule of events for the Festival & Conference, click here. The schedule is very interactive and a great networking tool, powered by Sched.org. I highly recommend connecting your LinkedIn account once you signup and use this as a networking opportunity!
A few weeks back, the This WEEK in LAW panel discussed one of my recent blog posts on an eBook deal in 2011 that violated an earlier publication deal from 1971. Guest panelist Nancy Sims brought up an excellent comparison Supreme Court case, New York Times v. Tasini, from 2000. Sims discussed the negative outcome…
On Friday, iMTX Strategic LLC filed a series of nearly identical complaints in Delaware federal court against multiple media technology companies for an alleged violation of U.S. Patent No. 7,269,854. The patent, called “Transaction System for Transporting Media Files from Content Provider Sources to Home Entertainment Devices,” purports to control the method in which a user’s…
At the end of March, Jack Kirby’s descendants took their legal battle against Marvel Comics to the next level by filing a petition for writ of certiorari to the Supreme Court of the United States. Jack “King” Kirby is one of the most well-known figures in the history of comic books, known for creating and co-creating iconic characters such as the X-Men, Iron Man, the Incredible Hulk, and the Fantastic Four.
Kirby’s estate has been fighting in a battle that began in early 2010 for the termination of an earlier transfer of ownership in copyrights to the characters that Kirby helped create and still maintain large amounts of popularity, as well as profit-generation.
Termination Rights: The Works Made for Hire Exception
The Copyright Act of 1976 contains a provision known as “termination rights.” Termination rights have become more and more popular as we have just recently started reaching the thirty-five-year mark for many copyrights registered following the 1976 Act. In 17 U.S.C. 304(c) and (d), artists are given the ability terminate their transfer rights – effectively allowing them to reclaim ownership of their copyrighted works thirty-five years after transferring them to another party. Congress intended this to provide original creators and their heirs the ability to recover rights that might have been assigned or licensed based upon the previous provisions of the Copyright Act.
Star Wars taught me the importance of contract drafting. No, seriously! I was reading for an Entertainment Law course two years ago when I came across a case from the 1980s involving Lucasfilm, LTD and Platinum Record, Co. The lawsuit centered around a dispute over a contract which allowed director George Lucas to use four popular songs in his film American Graffiti, first released in 1973. The issue in the case didn’t arise until almost a decade later, when MCA Distributing Corp. (an affiliate of Universal) released the film for sale and to rent on videocassette, which Platinum Record argued was in violation of their contract.
By this point, you might be wondering what this has to do with ebooks (or Star Wars, for that matter). Well, last week U.S. District Court Judge Naomi Reice Buchwald held that a 2011 ebook distribution deal signed by author Jean George violated an earlier, 1971 contract. The 1971 contract granted publisher HarperCollins the right to publish the children’s book Julie of the Wolves in “book form” and “electronic means now known or hereinafter invented.” This language in the contract is what caught my eye and provides an important lesson in contract drafting: think ahead.
Have you ever considered the impact an early death brings to an artist’s copyright ownership?