Everyone loves doing the Harlem Shake, the latest dance craze to take YouTube by storm. Your friends have done it, law students have done it, and even Justin Timberlake has done it on Saturday Night Live. It’s a cultural phenomenon, and everyone wants to get involved, but eventually, the fun has got to stop — and as is usually the case with these viral videos, that stopping point comes quicker than a former Biglaw partner having a mid-life crisis.
This time, the fun is stopping because the ultimate party-killers are now on the scene to assess the damage. That’s right: lawyers are poking their noses into the Harlem Shake because of — you guessed it — copyright violations.
Let’s talk about the underlying legal claims before you feel the need to put on a Halloween costume in March and violently flail around to a 30-second music clip on film….
* Court rules that overlapping elements between romance novels do not amount to infringement. I mean, there’s only so many ways to phrase “throbbing member.” [Courthouse News Service]
* Pinellas County, Florida (Tampa Bay area) returns to using fluoridated water after a governmental sea change brought on by the issue. Don’t they understand the Communist plot to sap and impurify our precious bodily fluids? [Tampa Bay Times]
* In fairness, I think pro se litigants generally have a pretty good ineffective assistance claim. [Lowering the Bar]
* The D.C. Circuit managed to irritate both environmentalists and industry by affirming Fish and Wildlife’s designation of polar bears as “threatened.” It’s a nice middle ground. You know who else would appreciate some middle ground? A polar bear clinging to a shrinking ice floe. [Volokh Conspiracy]
* Former Justice Sandra Day O’Connor thinks kids need a healthier respect for the American democratic process. It would be unfortunate if the will of a democratic majority could get hijacked by five partisan hacks. [Courthouse News Service]
* Following up on yesterday’s profile of Lindsay Lohan’s attorney Mark Heller, the judge declared him “incompetent.” Fair enough. [TMZ]
* For any Catholics hitting up PaddyPower to lay down money on the conclave, you’ve probably had some restless nights wondering if Pope Gregory XIV’s edict per the Ius Decretalium still applies. It doesn’t. That’s a load off. [Canon Law Blog]
* A number of strip clubs are challenging San Antonio’s new regulations. One key to their argument: “the presentation of expressive dance performances is a beneficial social activity which creates an improved self image for the dancer….” Yeah, good luck with that argument. [KEGL]
* If you’re looking for emotional distress damages, maybe lay off the “I’m just embarrassed to be seen with him now” arguments. [Lowering the Bar]
* To challenge the law letting the government tap your communications in secret, you need to have full knowledge that the secret recording is happening. Thanks Joseph Heller. [Volokh Conspiracy]
* The new Copyright Alert System goes into effect, allowing copyright holders to make your service provider slow your Internet to a crawl if you’re identified as a repeat violator. I don’t see what the big deal is, but then again, I’m still using a Prodigy account. [Gawker]
* MC Hammer is softening, but still a tad miffed after police booked him for an expired registration after he told them, “U Can’t Touch This.” [Los Angeles Times]
* Are you kidding? University of North Carolina’s “Honor Court” is threatening to expel a student for “intimidating” her attacker by discussing that she was raped — without identifying her attacker. This is why North Carolina can’t have nice things. [Feministing]
Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
Universal Studios seems to have some trouble establishing concrete ideas and positions when it comes to copyright on its own products. In recent iterations, this has manifested itself in the form of their protesting a parody of 50 Shades of Grey while conveniently ignoring that work’s birth in the form of Twighlight fan-fiction. Alternatively, there are times when Universal doesn’t even seem to know what it holds the rights to and what it doesn’t. Well, it turns out that these stumbles aren’t exactly a new experience for Universal.
Chris O’Donnell writes in with the historical and hysterical case of Universal suing Nintendo over Donkey Kong shortly after Universal itself had argued that the property the dispute was based on, King Kong, was in the public domain. See, back when Michael Jackson was still best known for his music, Nintendo came up with their iconic Donkey Kong character, admittedly in some part inspired by the famous King Kong character. This inspiration, it turns out, came after the fact, but that didn’t stop Universal Studios from filing suit against Nintendo, because they had released a remake of King Kong a few years earlier. While some within Nintendo wanted to simply settle with Universal and move forward, others within sought out the words of a key ally to fight against them, and that ally was Universal Studios.
* A new lawsuit asks, “Who owns Sherlock Holmes?” That sounds like a mystery suitable for… ugh, I can’t bring myself to finish that gag. [Courthouse News Service]
* The well-oiled train wreck that is the NCAA finds itself in hot water for ignoring legal advice and going after Miami using privileged information. Lawyers are often maligned by non-lawyers, so let’s enjoy this article from a sports columnist explaining why lawyers can be awesome. [EDSBS]
* There’s a new iTunes app to keep track of your hours! I’m assuming it has a Biglaw feature to pad hours. [Herald Online]
* A trilogy of articles about California’s prison “realignment,” described as “The Best Trilogy Since Star Wars.” I’m certainly hoping this isn’t a reference to Episodes I-III. [PrawfsBlawg]
* The third in an ongoing series of posts covering the trial of DC superhero Firestorm. Too bad he doesn’t have that split personality defense to fall back on. For the three of you who got that joke, you’re welcome. [Law and the Multiverse]
‘Read me some Camus to cheer me up.’ — Hayley Franklin, 3, after hearing new birthday song.
Ever notice that movies and TV shows go out of their way never to sing “Happy Birthday To You” on-screen? Well that’s because Time Warner owns the copyright and rides that cash cow to the tune (hah!) of $2 million every year. Every unauthorized rendition of the song is technically worth $700 in royalties payable to Time Warner.
Time Warner’s zealous enforcement has even raised concerns that YouTube may have to take down videos of kiddie parties singing the song.
How can we break Time Warner’s stranglehold over our annual celebration of our own impending mortality? A New Jersey radio station (WFMU) decided to write a new song to replace “Happy Birthday To You” and brought in Harvard professor Larry Lessig to judge the competition.
A video of the new song that you’ll come to love appears after the jump. And by love I mean, “listen to, laugh, and hope to purge from your memory”….
You can do so much with a law degree: securities litigation, real estate, executive compensation, porn production…wait, what?
The Internet, one of the greatest technological achievements in human history, is mostly for porn distribution (not really, but that’s the popular misconception). And if the Internet is littered with copyrightable pornographic material, there’s an opening for attorneys to make some money helping clients go after those who steal that material.
But what if a law firm, operating through shell companies, started making its own porn in order to concoct its own causes of action? I mean, that couldn’t happen, right?
Well, Judge Otis Wright of the Central District of California suspects that may have just happened in his courtroom, and he’s not happy….
* This guy could teach a master class in how to stand by your (wo)man. Mary Jo White’s husband, John White, will relinquish his equity partner status at Cravath upon her confirmation as the head of the Securities and Exchange Commission. [Am Law Daily]
* Macho, macho man: it looks like we’ll never know if Dechert actually has a “macho culture,” because the FMLA and paternity leave case that questioned the very existence of this Biglaw subculture was settled out of court. [National Law Journal]
* Why you gotta go and ruin Valentine’s Day for everyone at O’Melveny and Akin Gump? Apple’s request to speed up the Greenlight Capital case was approved, with arguments now scheduled for February 19. [CNET]
* Despite her nomination being crapped on by the Senate, Jenny Rivera, the CUNY School of Law professor, was recently confirmed as an associate judge of the New York Court of Appeals. [New York Law Journal]
* “Behold, the instrument of your liberation!” Survivors of the Aurora movie massacre are being harassed by conspiracy theorists, and the DA asked the judge to scrub their names from the record. [Courthouse News]
* Shorter version of this article: Morpheus explaining, “But when you’re inside, you look around, what do you see?…The very minds of the [nice legal academics] we are trying to save. But until we do, these [law professors] are still a part of that system and that makes them our enemy.” [Inside the Law School Scam]
* New Mexico is considering a new law against bullying — but does it go too far? Does it? Answer me, you little wuss! [Volokh Conspiracy]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.