In this Episode:

• Follow up on Hot News
• Viacom loses suit against YouTube.
• Hurt Locker Suit(s)
• Idea Theft
• Tribute Band Names
• Celebrity Rights of publicity

GET CLE CREDIT for this episode.

Google, Twitter go to bat for Theflyonthewall| Reuters

Don Henley Wins case against California Politician

Copyright Office supports Broadcast Performance Royalty

Bill cite: Performance Rights Act, HR 848 in the House and S. 379 in the Senate

Copyright office letter issued June 7, 2010- http://www.gao.gov/new.items/d10707sp.pdf

Ringtone Copyright Royalty Upheld by Appeals Court (Update1) – BusinessWeek

Case cite: Recording Industry Association of America Inc. v. Librarian of Congress, 09-1075 (US Ct. App. DC (Washington)(opinion issued June 22, 2010).

9th Circuit joins 5th and 7th Circuits, ruling that copyright registration need only have been FILED before bringing an infringement suit. The 10th and 11th take the inverse position that registration certificate must be in hand.   (see 17 USC § 411(a)) and This article)

Case Cite: COSMETIC IDEAS, INC. v. IAC/InteractiveCORP, Court of Appeals, 9th Circuit 2010

Michael Douglas’ ex-wife, Deandra sues for share of his earnings from “Wall Street 2″

SHOW NOTES

In this episode:

• Congratulations to Maren Christensen, Executive VP and General Counsel at Universal Studios,  who’s been named Beverly Hills Bar Association’s Entertainment Lawyer of the Year for 2009.
• Supreme Court Nominee  Sotomayor’s background and 2nd Circuit ruling in favor of statutory damages as deterrent.
• Backlog at the Copyright Office
  • Washington Post Article
  • Copyright Office Response
• Does the Register of Copyrights hold office lawfully?  A pending Constitutional Appointments Clause challenge  questions the validity of CRB appointments, but what about the Register’s ministerial Acts?
• Sports Leagues losing control of fantasy-sports leagues as Courts rule that the First Amendment trumps rights of publicity, and player statistics, etc., where there’s a public interest in the information.
  • CBS Interactive, Inc. v. NFL Players Ass’n, Inc. (U.S. District of MN 2009)
    Civil No. 08-5097 ADM/SRN
  • CBC Distribution and Marketing, Inc. v. MLB Advanced Media, L.P.
    505 F.3d 818 (8th Cir. 2007)
• Good discussion of “Access” element of copying analysis in ruling on Summary Judgment for Defendant in song plagiarism suit.
  • Brainard v. Vassar, (U.S. District, M.D., Tennessee 2009) 3:07-cv-00929
• Warner Music issues DMCA Takedown on Organization that hosted Prof. Lessig talk
• Woody Allen/American Apparel case settles
  • Complaint
  • Answer to Complaint
  • Order and Stipulation re: Settlement
• Supreme Court refuses to hear Steinbeck copyright termination appeal
  • Penguin Group v. Steinbeck, 537 F.3d 193 (2nd Cir. 2008)
  • Classic Media, Inc. v. Mewborn, 532 F.3d 978 (9th Cir. 2008) (involving Lassie rights)
• SAG settles Force Majeure claims
• Tenenbaum’s fair use argument – Case is set for trial July 20.
  • Sony BMG Music Entertainment v. Tenenbaum, 07-11446, E.D. Mass. 2007 Consolidated into Capital Records, Inc. v. Alaujan, 03-11661,E.D. Mass. 2007
  • See Case documents at http://joelfightsback.com/about-the-case/legal-documents/