June 22, 2021. In a long-running case regarding Sarah Brightman’s album A Winter Symphony, the producer of the album had sued YouTube in Germany for copyright infringement, alleging that the album had been distributed by YouTube without authorization and further, that bootleg recordings of her...
January, 2021. The DOJ has concluded that the ancient anti-trust consent decrees that permit ACSCAP, BMI and other Performing Rights Organizations to issue blanket song copyright licenses should be left untouched – despite the document listing all of the current dynamics at work in the...
May 28, 2020. Trump’s Executive Order tasks the Federal Communications Commission to “clarify...
Beware Software Vendors! Blackbeard Strikes Again via the U.S. Supreme Court. March 23, 2020, A videographer that documented the salvaging of Blackbeard’s sunken vessel found off of the Carolina coast sued the State of North Carolina for copyright infringement alleging that it's posting of his videos on...
Sabety + associates, PLLC Advises on Trademark Liability Risk Arising from “Ad Injection” Technology. Another area that has been a hot topic for us lately is the use of competitors’ trademarks in keyword searches. A Federal Court in New York has noted that “Virtually no court...
Court in California Forgets about the Doctrine of Scènes à Faire in Copyright Law and finds Copyright in a Musical “Function.” In a bizarre case alleging copyright infringement by a pop-star, Marcus Gray et al v. Katy Perry et al, 2:15-cv-05642-CAS-JC, (C.D.C.A.) a federal court jury found...
The Music Industry Reaches a Tortured Compromise as the U.S. Senate Passes the Music Modernization Act September 19, 2018 U.S. Senate Passes the Music Modernization Act, nee’ the “Orrin G. Hatch Music Modernization Act.” The MMA amends the U.S. Copyright Act in a manner to facilitate online...
U.S. Court of Appeals Guts Google’s “Fair Use” Defense against Oracle’s Copyright Infringement Claim March 27, 2018 The U.S. Court of Appeals, Federal Circuit, reviewing the long record in this case in a 58-page opinion, concluded that Google’s copying was a “superseding use [that] is inherently unfair.”...
Public Performance Rights Organizations for songwriters, like ASCAP and BMI (PRO) beat back an effort from the U.S. Department of Justice December 19, 2017. Public Performance Rights Organizations for songwriters, like ASCAP and BMI (PRO) beat back an effort from the U.S. Department of Justice to forbid a...
The Federal Communications Commission (FCC) voted in favor of Chairman Pai’s decision to repeal the so-called “net neutrality” regulations December 14, 2017. The Federal Communications Commission (FCC) voted in favor of Chairman Pai’s decision to repeal the so-called “net neutrality” regulations (put in place under the Obama...
Donald Trump’s Threat to China regarding “theft” of U.S. Intellectual Property May Be a Paper Tiger August 15, 2017. Donald Trump’s Threat to China regarding “theft” of U.S. Intellectual Property May Be a Paper Tiger. Following up on some campaign rhetoric (see our newsletter from November 2016) Trump...
It is reported that Maria Pallante, the head of the U.S. Copyright Office, was abruptly removed from her post on Friday. The removal process was reported to include locking down her computer accounts. According to Billboard Magazine, a music industry trade rag, “Pallante was locked...
There is a new impediment for copyright owners trying to police the unauthorized use of copyrighted works in user-generated online content, especially videos. The Federal appeals court Ninth Circuit ruled in Lenz v. Universal Music that a copyright owner has to consider whether “fair use” authorizes...
The Federal Communications Commission by a vote of 3-2 just released its new “net neutrality” regulations. The earth-shaking decision is that the F.C.C.’s order “reclassifies ‘broadband Internet access service’… as a ‘telecommunications service’ under Title II.” That reclassification provides the F.C.C. the legal authority to issue...
The U.S. Court of Appeals, Federal Circuit has significantly strengthened U.S. copyright protection of computer programs. The Court reversed and remanded the Oracle v. Google case. Oracle sued Google alleging that the Android platform infringed its copyrights in the JAVA computer language “API’s” (among other claims)....
2003 Begins with a Flurry of Activity in the Copyright Protection Arena. Range of Media Industry Players File Comments on Broadcast Digital Television Copy Protection Regulations. December 6th, 2002 In response to the Federal Communications Commission (FCC) Notice of Proposed Rulemaking regarding copyright protection for broadcast digital television (DTV) based on...
Federal Communications Commission considers a mandate for a digital copyright protection scheme. On August 9, 2002, the Federal Communications Commission (F.C.C.) released its Second Report and Order, In the Matter of Review of the Commissions Rules and Policies Affecting the Conversion to Digital Television."i In essence, the ruling requires...