Copyright

Image licensing giant Getty Images has quite a reputation for being something of a copyright maximalist and occasional copyright troll. The company has been known to blast out threat letters and lawsuits not unlike some more notorious copyright trolls. And that’s true even as the company just recently lost a copyright infringement suit in which Getty helped in the infringement. A few months ago, we had told you about Getty starting a new program in which it was making many of its images free to embed, saying that it was “better to compete” that way on the internet, rather than trying to license everything. We actually just tried embedding some Getty images ourselves recently.

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* Donald Trump is suing to get his name removed from the Trump Plaza and Trump Taj Mahal in Atlantic City because his reputation is tarnished by tacky façades dedicated to giving off the mere illusion of success. [Bloomberg Businessweek]

* Beset by corruption allegations, Governor Cuomo is using funds out of his campaign war chest to fund his defense rather than squandering taxpayer dollars. Ball’s in your court neighboring state governor. [North County Public Radio]

* Beau Brindley, a benchslap legend, is now the subject of his very own federal criminal probe after allegedly encouraging a client to lie under oath. A tipster told us last year “this won’t be the last you hear of [Brindley].” How prophetic. [Chicago Sun-Times]

* The woman given a forced blow job simulation for the glory of a 7-inch Burger King burger is speaking out. [Copyranter]

* The Women’s World Cup is scheduled for next year in Canada, but a number of high-profile players are threatening — with the help of Boies, Schiller & Flexner and Canadian firm Osler, Hoskin & Harcourt — to sue FIFA for discrimination over its plan to subject the women’s tournament to artificial turf. Are you suggesting FIFA is a disastrously flawed organization? Get out. [Fox Sports]

* Guess what? Your insurance company isn’t made up of the worst people on the planet. Unless you use this insurance company. Because then, maybe it is. [Gawker]

* A Harvard Law grad wanted to install an intercom so he invented a system known as “Nucleus” that does the job for less than $200. [Technical.ly Philly]

* If you’re interested in the fun and exciting world of startups, head on out to Legal Tech SF’s Startup Weekend. It’s August 15-17 at Airbnb headquarters. I assume after August 17 the location reverts to the headquarters of some other company. [Legal Tech SF]

If the monkey took it, it owns copyright, not me, that’s their basic argument. What they don’t realise is that it needs a court to decide that.

– David Slater, a British nature photographer embroiled in a conflict with Wikimedia over the copyright to photos taken by a female macaque monkey who stole Slater’s camera in 2011 and used it take a selfie. Tween girls, amiright? Anyway, Wikimedia considers the picture royalty-free because the author of the work is, in fact, a monkey, and until Caesar’s revolution she isn’t likely to look to enforce her right. Slater argues that he owns the copyright since it was his camera. As for the title, okay you caught me — the monkey didn’t put her selfie up on any dating sites, but did post to Instagram with the message “New camera! #fecesthrowing #blessed.”

* Have you heard that Staci invited Justice Ginsburg to her wedding? [TIME]

* The Fourth Circuit welcomes Virginia to the fold of marriage equality. [National Law Journal]

* What might be the biggest insider trading case ever hinges on Greenberg Traurig. [New York Post]

* Most exciting of all is that we may never need to hear the depressing “copyright-free” Happy Birthday song ever again. [boingboing]

* With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer]

* I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center]

* Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal]

* The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel]

* Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker]

* Gaming the rankings — not just for law schools any more. [The Kansas City Star]

* Karen Mantler can’t afford her lawyer. And she’s singing about it. After the jump…. [WNYC Spinning On Air]

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* Man claims his former employer discriminated against him because he was an atheist. Yep, this Hobby Lobby thing isn’t going to have any repercussions at all. [Lewiston-Auburn Sun Journal]

* Speaking of atheists and SCOTUS, the Court may have authorized the Town of Greece to get all religiousy at town board meetings, but an atheist is stepping up to the plate to deliver an invocation. Freedom of religion does mean he gets a turn. [Rochester Homepage]

* There’s an icky sexual harassment story coming out of an elite L.A. school. And they’ve hired an elite law firm to investigate. [Gawker]

* Cops do hear some pretty funny stories when they pull people over. [Legal Juice]

* If you’re out of work, here’s an idea: this solicitor-to-be posted a selfie with a pigeon on Facebook and got an offer — along with a lot of publicity. [Legal Cheek]

* Is the future of legal education online? Perhaps the better question is, “How will law schools overcharge when they no longer have brick-and-mortar facilities?” [Tipping the Scales]

* A judge explains that incest and pedophilia aren’t such big deals anymore because gay people are accepted. Wow. [Jezebel]

* Are you keeping up with Kirby v. Marvel? Because Jack Kirby’s estate is making a run at the Supreme Court in a case that affects billions. Embed below… [Bloomberg]

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* Watchcat! [Legal Juice]

* On a similar note, New York banning “Tiger Selfies.” When do they give out the Darwin Awards again? [Lowering the Bar]

* Are there lessons to be learned from the lawyer who applied for — and got rejected from — a paralegal gig? [Law and More]

* Have you ever seen a standup comic playing music during a set? Well, they’re doing it to prevent others — clubs, networks, etc. — from lifting their work and selling it as their own. Welcome to the world of standups and copyright. [The Legal Geeks]

* You already heard our take. Now for someone who took some actual time to think about what Noel Canning means. [Federal Regulations Advisor]

* The sexiest law firm in the world? [The Careerist]

* The Supreme Court is less conservative than we think. Let’s have a poll! After reading this, do you think SCOTUS is less conservative than you expected? After the jump…. [Washington Post]

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* Beastie Boys prevail in another intellectual property fight. This time winning $1.7 million from Monster Energy — the drink that guarantees you’ll get no sleep until Brooklyn. [Grantland]

* Law school hands out the wrong exam. To the whole class. [Legal Cheek]

* Best politico defense of taking a bribe: I was too drunk to realize I was being bribed! [New York Post]

* Lawyer wrote “go ahead and disbar me” to Departmental Disciplinary Committee. Sometimes there’s no just bluff to call. [Legal Profession Blog]

* One more problem with high student debt: debt alone can nix your character and fitness approval. [Arizona Law Review]

* A celebration of courtroom illustrators in light of the release of The Illustrated Courtroom: 50 Years of Court Art (affiliate link) [Illustrated Courtroom]

* Vice Media is doing tremendous work exposing injustices. Perhaps they need to look into their own office. (UPDATE: Vice has changed its ways and now pays its interns.) [Capital New York]

* In a comical bout of karma, a landlord sued its blogger resident for alleged defamation. Next thing you know, HUD inspection records come to light. Let’s just say the landlord should be very unhappy that truth is a defense. [Columbus Dispatch]

* Check out the conclusion of ReplyAll’s conversation with John Grisham. [Above the Law]

* Do you think someone is not happy with Jones Foster’s billing practices?

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Recently benchslapped attorney Francis Malofiy has hopped right back on that horse and followed through on his threat and filed a lawsuit against Led Zeppelin, alleging they stole the guitar riff from Stairway to Heaven.

Apparently, Malofiy failed to take to heart the admonitions of the judge in the Usher case, because this complaint also plays fast and loose with traditional formatting.

So what’s the bustle in this guy’s hedgerow?

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Disney is a name that is often associated with copyright maximalism for pretty good reasons. Despite the fact that many of its early successes depended heavily on either direct infringement or making use of the public domain, the company was a very aggressive enforcer of its own copyrights. And, of course, it was also a primary lobbyist for expanding copyright protections, andextending copyright term every time Mickey Mouse approached the public domain.
However, in the past few years, it’s seemed as though Disney has been a bit quieter than in the past about copyright issues, allowing some other companies to take the lead on that. And, in some cases, it seems to even be recognizing (*gasp*) that some infringement can actually be a good thing. Andrew Leonard, over at Salon, has the story of how Disney has finally joined the 21st century in realizing that having fans create derivative works around the movie Frozen, has actually been useful and free promotion for the original (and massively successful) movie.

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All too often we seem to see people making copyright claims over public domain works. It’s especially egregious when we see museums do this kind of thing, as happens every so often.

While museums in some other countries like to try to claim that they can create a new copyright on the digital scan of a public domain image, in the U.S. it is generally considered settled law that museums cannot create such a new copyright. Public domain is the public domain….

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