We’re ranked among top 50 copyright blogs

Well, that’s good news to be thankful for: The Biederman Blog has been ranked among the “best copyright law blogs on the planet” by Feedspot, a global content-sharing enterprise.

Feedspot said it reviewed thousands of sites that it indexes before rating the Southwestern Law School student-run project No. 30 among its top 52 blogs focusing on copyright law, a key component of Entertainment Law practice, based on its: reputation and search ranking by Google; influence and popularity on Facebook, Twitter and other social media sites; quality and consistency of posts; and the company’s editorial team and expert review.

The Southwestern blog shares outstanding multinational company on the Feedspot list with top law firms, copyright law practitioners, legal reporting companies, government and nonprofit organizations, and just two other academic institutions: It ranks ahead of a student-run, online, scholarly journal of intellectual property and entertainment law at NYU Law and a Stanford University copyright and fair use site supported pro bono by Justia.com. (more…)

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‘Panda’ suit hits grizzly end for artist-fraudster

Jayme Gordon, an artist who claimed he was the creator of the smash cartoon character Kung Fu Panda and whose lawsuit against the DreamWorks studio had made a rare advance toward trial, has gotten an unusual legal comeuppance.

The courts have booted his litigation. And prosecutors have kicked Gordon into the can, with a judge recently sentencing him to two years in prison for fraud.  

Did Grand Master Oogway and Master Shifu magically materialize out of the movie and into real life to reverse the fortunes of Gordon, who actually had gotten the wealthy and powerful Jeffrey Katzenberg in a deposition? What mysteries did criminal sleuths unwind?

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Who gets last laugh in battle over Conan jokes?

U.S. judge, ruling jests can get ‘thin’ copyright protection, advances to trial a writer’s suit claiming that O’Brien, his team infringed on timely quips posted on Twitter about Tom Brady, Caitlyn Jenner, Washington Monument

Comedian Conan O’Brien, NFL quarterback Tom Brady, transgender celebrity Caitlyn Jenner, and the Washington Monument all walk into a bar one day. And O’Brien says … Wait, wait, why is gag-writer Alex Kaseberg not laughing at or liking much this joke set up?

It may be because the one-time writer for comic legend Jay Leno has accused O’Brien and his one-liner squad of  stealing jokes from him for the lanky red-head’s TBS late-night show off of Twitter.

U.S. District Court Judge Janis L. Sammartino in San Diego has rejected two of Kaseberg’s claims but has found that three jokes involving Brady, Jenner, and the capital landmark pose genuine issues of material facts. The judge has snapped off any laugh tracks and sent comedy into a new legal realm by allowing for now Kaseberg’s suit against O’Brien to proceeed to trial. Pa-dum. So when a comic star and writer walk into court, what might be said, or, um, argued?

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Lionsgate hit with a $5.8 million ‘Biggest Loser’

Arbitrator rules studio undercut profit potential of fitness guru Jillian Michaels’ recorded workouts with free YouTube postings

Fitness guru Jillian Michaels has found a legal workout that may make skinnier the wallets of Lionsgate Films Group while also putting more muscle behind performers’ options to protect their works from popping up for free on YouTube.

Entertainment law experts are watching closely Michaels’ recent favorable decision from an arbitrator, awarding her $5.8 million in her dispute with the studio over fitness videos tied to the hit TV weight-loss show Biggest Loser.

What led her to get so exercised about how Lionsgate treated her workouts, and how might this tighten up some commercial online video practices?

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‘Empire’ strikes back in City of Brotherly Love

U.S. judge in Philly becomes latest of several to reject claims about originality of hit TV series

Rome not only wasn’t built in a day, it also took centuries and legions of soldiers to defend its expanding glory. TV’s Empire, it turns out, is requiring its own formidable legal forces to fend off its attackers.

And Lee Daniels, the hit Fox series’ ceasar, may be singing Philadelphia Freedom after shaking off the latest assault with a federal district court in Pennsylvania dismissing a copyright infringement suit by former actor Clayton Prince Tanksley.

Tanksley lacked much brotherly affection for Empire, which he claimed copied his TV drama Cream. How did his suit, and several others, curdle, legally speaking? (more…)

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Court sorts out rights tiff in a mod, mod world

U.S. judge denies summary judgment in video gaming dispute, in which he dissects unitary vs. collective works and their implications for copyright, infringement claims

With a cast of characters rivaling a Tolstoy novel, and almost as many iterations and spin-offs as Pride and Prejudice, a recent video game dispute involving modification or modding has come down to concepts that underlie a good old-fashioned night at the movies. These led U.S. District Judge Charles R. Breyer in San Francisco to deny summary judgment in a suit by video game maker uCool against distributor Valve for copyright infringement of its characters. (A tip of the hat to the Hollywood Reporter for posting the ruling).

What lessons can makers and distributors in the red hot 21st century video gaming industry draw from the practices of the likes of Johannes Gutenberg and Cecil B. DeMille? (more…)

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Shooter’s infringement claim fails to develop

Art student, school find fair-use shield for photo used in class assignment and posted on Flickr

Andy Warhol, Jeff Koons, Damien Hirst. These artists, and many others, have famously exploited existing images in their own works. While such “appropriation” operates in a gray area of copyright law, iconoclastic pop-artists remain undeterred.  And as aspirants follow their role models, it’s unsurprising that challenges arise—notably and recently in an an art class at the Watkins Institute.

Students at the Nashville school were given photos and asked to create a mock product ad. So, très, Warhol, right, and are legal eagles already seeing the court case brewing?

Fortunately for the school and the student, both of whom ended up as defendants in the recently decided copyright infringement case Reiner v. Nishimori, some sorta ivy tower defenses came to their rescue. Let’s focus on academic fair use and its role in this visual controversy, shall we?

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EU court details tech, profit infringement perils

Copyright violations can occur too readily and for makers’ improper advantage when razzle-dazzle TV tools make it too easy to access protected content—with, and without rights owners’ OK, court warns

The sale of multimedia players that permit users to effortlessly stream illegal content to a television screen can be the kind “communication to the public” that is illegal under the European Union’s Copyright Directive, the Court of Justice recently decided.

The ruling by the EU’s high judicial body in Luxembourg could be key as technology continues its unchecked advance.

The case arose when Stichting BRIEN,  a Dutch anti-piracy group, filed legal action against Jack Wullems, the creator of the multimedia device known as Filmspeler. Wullems installed third-party add-ons to his creation to permit customers easy access to protected works on streaming websites operated by third-parties. Some of these sites allow access to digital content—both with and without copyright holders’ permission.

The EU high court characterized the Filmspeler as akin to “a pirate … Apple TV,” and noted that Wullems had advertised the device as such. Those promotions played a  large part in how the court ruled because it helped show that Wullems aimed strictly to profit from the device, which many customers had purchased. But how did this case prove to be digital double-Dutch in the Netherlands and across the Continent? (more…)

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Congress takes aim at nation’s copyright chief

Lawmakers advance measure to strip Librarian of Congress of power to appoint copyrights Register, giving authority, instead, to the president, with congressional assistance

Congress is sending a rebuke to the bureaucrats who run a system that’s critical to Entertainment Law: The House has passed and sent to the Senate a proposal to strip The Librarian of Congress of the power to appoint the Register of Copyrights, giving that authority, instead, to the president.

HR 1695, the Register of Copyrights Selection and Accountability Act,  has passed the House Judiciary Committee in a 27-1 bipartisan vote, and it has advanced out of the House in a 378-48 vote. It now rests with the Senate Rules and Administration Committee.

Whether it goes beyond, it has become the legislative equivalent of baseball’s brush-back pitch, with lawmakers expressing some degree of displeasure with the nation’s copyright administrators—and creating a colloquy over how this potential change might affect innovators and creators.

How did this tussle blow up? (more…)

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Princely legacy includes court time for heirs

Artists may relish that copyrights last for decades. But do they consider sufficiently their wishes for who will nab their royalties after they are gone and other key estate planning issues?

Although some experts have urged Entertainment lawyers to consider a new field of performers’ post-mortem rights, the continued legal tussling over the works of superstar Prince Rogers Nelson may suggest to some practitioners that not only must they consider long-lived intellectual property concerns like copyrights lasting almost a century, they also just may need greater depth and expertise in dealing with wills, trusts, and estates.

Consider that days before the recent, one-year anniversary of Prince’s death, his lawyers were in a Minnesota district court, filing a complaint that audio engineer George Ian Boxill, a former collaborator,  sought to release unheard music of the iconic entertainer without the authorization of Paisley Park Enterprises. State Judge Wilhelmina Wright moved quickly, issuing a temporary injunction to block the release of a six-song EP. Prince recorded the work, titled Deliverance,  between 2006 and 2008 with Boxill.

Fans briefly partied like it was 1999, as Deliverance’s lead song, a track featuring a fierce blues riff, was made available for streaming via iTunes and Apple Music. The EP also was online for early download on princerogersnelson.com for $6.99 or $19.99 depending on audio quality.  But Prince’s estate countered with its own version of Let’s Go Crazy, ensuring that Boxill could not release unauthorized tracks, which lawyers argued violated the producer’s recording agreement with Prince.

Streaming sites have yanked down the disputed works. How did the late legendary songwriter find himself in a legal state that might even make doves cry—and why is this condition not unique among famed creatives? (more…)

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