Month: February 2011

Betty Boop’s legacy — a free for all?

Last Wednesday a federal appeals court ruled that the family of legendary animator Max Fleischer did not hold a valid copyright or trademark for his cartoon creation, Betty Boop. This decision comes through as other families of comic book and cartoon character creators also attempt to assert their rights to iconic toons, such as Superman and the X-Men.

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A quality issue in far-flung file-sharing cases

The issue of intellectual property protection isn’t exclusively American and a pair of recent cases — in Denmark and Argentina — indicate that judges, as always, can apply their own interesting spins to key matters, offering some ideas, particularly on the quality of file-shared copies and the compensation due to aggrieved parties, that plaintiffs and defendants in U.S. litigation might or might not see as Yankee Doodle dandy. The Court of Kolding (in Denmark) has ruled that Jonas Laeborg, the administrator of EliteBit BitTorrent tracker, is liable for copyright infringement by file-sharing. He was ordered to pay $18,500 to the rights-holders, who had sought $300,000. The compensation was reduced, due to Laeborg’s circumstances: He’s 19 and a poor student. Given his finances, or perhaps despite them, the court struggled to assess the rights-holders’ due, with the judge noting a key reason for this dilemma, “since he could not assess the quality of the movies being offered via EliteBits, he found it difficult to know how much compensation to award the movie companies.” The implication of his statement: rights-holders may be entitled to less compensation if the qualityof the infringing copy is low. Lawyers for rights-holders typically argue that their clients deserve more,  because distribution of their product (a movie) in poor quality will affect its sales and reputation. Translation: if audiences view a cam-pirated movie, they may feel more negative about it...

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Better loophole next time, ivi

It has become more difficult to regulate cyberspace as the internet advances. Entertainment companies are growing nervous about TV shows being posted online without their permission. As a result, they have pushed for a “ new censorship law to block any site that points people to such video content.” In response, ivi, a Seattle-based company, filed suit to “get a declaratory judgment of non-infringement,” which would allow it to stream TV shows online legally. According to a recent Memorandum and Order from the court, ivi argued that it does not have to comply with rules of the Federal Communications Commission (FCC) and needs only to pay $100 a year to the Copyright Registration Office for a Section 111 compulsory license. Public Knowledge. Section 111 “was designed to make it easier for cable stations to rebroadcast network TV.” Techdirt. On Feb. 22, 2011, federal judge Naomi Buchwald held that  ivi’s legal arguments are no-no’s. Ivi is not seeking to take advantage of only one loophole, but two, Buchwald said, noting she does not appreciate ivi’s double-loophole game: ivi declared that it “is a cable system for purposes of the Copyright Act, and thus may take advantage of the compulsory license, but that it is not a cable system for purposes of the Communications Act, and thus it need not comply with the requirements of that Act and the rules of...

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Google, finally, steps in — but why?

In May, 2010, a U.S. District Court in Los Angeles issued a permanent injunction against isoHunt as a result of its court battle with the Motion Picture Association of America (MPAA), ordering isoHunt to censor the site’s search engine “based on a list of thousands of keywords provided by the MPAA, or cease its operations entirely in the U.S.” TorrentFreak. Gary Fung, owner of isoHunt, filed an appeal with the Ninth Circuit Court of Appeals. He argues that isoHunt is “just like Google – a neutral search engine – and hopes the court will decide that the keyword filter is needless censorship.” TorrentFreak. Google has been silent throughout the battle between MPAA and isoHunt  — until now. Google has decided to file an amicus curiae brief with the appellate court because if the injunction holds up, “Google may face similar censorship threats.” TorrentFreak. On its face, Google seems to be taking isoHunt’s side. In reality, Google is helping no one but itself. In fact, Google agrees with the District Court’s conclusion that isoHunt is guilty of copyright infringement because there is plenty of evidence that shows that isoHunt encouraged its users to download copyrighted materials. However, Google is worried about the District Court’s reasoning that led to the conclusion because it might “upset the careful balance between copyright protection and technological innovation struck by the Supreme Court and Congress.”...

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The Biederman Blog is now ranked NUMBER ONE on Feedspot's Top 20 Entertainment Law blogs (May 2018). It is very exciting to top this list. We are extra proud of number six - Entertainment Law Offices of Gordon P. Firemark. Mr. Firemark graduated from Southwestern in 1992, and is a top entertainment blogger and webinar presenter in addition to being a world class entertainment attorney!

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