September 30, 2008
Posted by Kevin Heller at 10:02 AM
January 29, 2008
Cultural v. Commercial Uses
Cory Doctorow: "Copyright law should distinguish between commercial and cultural uses" (2008)
Professor L. Ray Patterson: "The competitor uses the copyright; the consumer uses the work. The copyright owner, by reason of the Copyright Act and the copyright clause, has not only no right to interfere, but a duty not to interfere with the consumer's use of a publicly disseminated work." (Free Speech, Copyright, and Fair Use 1987)
Posted by Kevin Heller at 07:43 PM
November 06, 2007
TWiL 10: The RIAA vs Jammie Thomas
Host: Denise Howell,
Guests: Cathy Kirkman, John Palfrey, Kevin Heller, and Professor Eric Goldman.
The panel discusses the RIAAs case vs. Jammie Thomas and new developments in indirect liability for third party acts and comments.
Our talking points are online at http://del.icio.us/thisweekinlaw/10.
Posted by Kevin Heller at 03:38 PM
September 19, 2006
Copyright Law - It's Tricky
Rolling Stone via Stereogum is reporting that The Knack is suing Run DMC for sampling the 1979 "My Sharona" in their rap single "It's Tricky" off of the group's 1986 Raising Hell. Which essentially means that The Knack is bringing this lawsuit 20 years after the song was released. I imagine that Run DMC's response may go something like this:
"It's Tricky to file a claim, to file a claim that's right on a time. It's tricky. Here we go."*
Scott from Stereogum also asked "Is there no statute of limitations on this shit?" In response someone posting as fancypantslawyer responded:
"There is a 3yr statute of limitations, but as each play/download/cd-sale is a new infringing violation essentially all the SOL will do in this case is limit the damages to the last 3 years. The Rev and his bros clearly have an argument of "laches" which is a latin word which means: "but dude, its been 20 fuckin years!"Posted by: fancypantslawyer at September 19, 2006 12:28 PM
The Knack is being repped by Dick Schultz of Schwartz Cooper Chartered in Chicago. The copyright infringement lawsuit was filed on September 15, 2006 in the United States District Court for the Central District of California.
* "It's Tricky to rock a rhyme, to rock a rhyme that's right on a time."
Posted by Kevin Heller at 01:11 PM
August 30, 2006
Google Book Search adds Printable PDFs
The Internet Library
As I noted elsewhere the other day, there are several resources where one can go to download copies and audio recording of public domain works including Project Gutenberg (text) and Librivox (audio).
Joining this group is Google Books which has just added a PDF download feature for out-of-copyright or public domain works.
One of the books now available for download on Google Books is Alexis de Tocqueville's Democracy in America [Download PDF - 19.5M]. To search for other titles simply select "full view books" under the search box. Note that not all full view books are avialable for download at this time.
Related: Download the classics
The Internet Theater
The Library of Congress web site and Youtube are two good places to search for public domain films. Check out this 1899 short film by Thomas Edison on Bicycle Trck Riding [.mov]
Related
* Torrentfreak - 5 Movie Classics: Free and Legal on Bittorrent: "Nosferatu, The Last Man On Earth, House on Haunted Hill, Detour, and The Little shop of Horrors are 5 movie classics that are in the public domain. Free to download, free to share, free of DRM."
* Lee Gomes crunches youtube stats for the wsj.
Posted by Kevin Heller at 07:53 AM
August 27, 2006
Performances and Rights
My wife and I spent an hour today using Odeo (this guy Ev is pretty amazing) to digitally record in mp3 fomat the works of Maurice Sendak, Dr. Seuss and Watty Piper. Of course, we can't share with you these mp3 or post them to librivox, but that's ok -- my son and daughter will enjoy it as they listen in the car to their favorite stories each day. I was inspired by this article in the NYTimes that I briefly commented on the other day.
Kara Shallenberg and her 10-year-old son, Henry, exhausted the audiobook collection at their library in Oceanside, Calif., five years ago. With Henry’s appetite for listening still strong, Ms. Shallenberg began to record herself reading his favorite books. Eventually she upgraded from a using a tape deck to burning CD’s on her laptop computer. Last fall she took her hobby to a wider audience.Ms. Shallenberg’s recordings of 'The Secret Garden,' 'The Tale of Peter Rabbit' and other works are now available, free, to anyone with an [i]nternet connection and basic audio software. She is part of a core group of volunteers who give their voices and spare time to LibriVox, a project that produces audiobooks of works in the public domain.
"Everything I read to Henry was copyrighted,” Ms. Shallenberg said, adding that she was frustrated she couldn’t share those works. “The idea of creating audiobooks that other people could enjoy was exciting." Public Domain Books, Ready for Your iPod
I linked to the Michael Geist post, but I also enjoyed what Joe Gratz had to say in his post on the same subject:
It’s wonderful to see how people are squeezing as much utility as possible out of the frozen pool of public domain works we’re left with after the last 30 years of legislation. Imagine what could be done if the public domain were larger! The Audio Public Domain Grows
If you don't understand what Kara and Joe are referring to then you have much reading to catch up on; feel free to get started here.
I also happened to come across this clip while hanging out at Odeo [via Ev]: The Scala Girls Choir singing the Divinyls I Touch Myself.
Public Resources:
* Wikipedia
* Gutenberg
* Librivox
* Odeo
Posted by Kevin Heller at 12:27 AM
August 18, 2006
Copyright Laws & Privacy
This isn't a complete thought, however, the more I think about it the more I believe that failure to understand basic copyright principles (or a wanton disregard and disinterest in understanding such principles) leads to invasions of privacy by corporate entities everyday. This isn't even the government we're talking about (and I'm ignoring the COPA DOPA issue altogehter), these are public and private corporations and organizations that are using the copyright statute and DMCA to peer into our private lives.
The question that needs to be answered is what expectation of privacy we have in the information pipeline (the tubes) that come into our homes...?
(ed note: Props to U.S. District Judge Anna Diggs Taylor on the NSA case)
Related Entries:
Data Mining the AOL Privacy Blunder
What If 9/11 Never Happened?
Should Web Search Data Be Stored?
Related Categories: Copyright / Internet Regulation
Posted by Kevin Heller at 12:35 PM
August 15, 2006
1000 Copyright Cases is a pretty good sample
William Patry: "I read almost 1,000 copyright opinions in which legislative history (mostly committee reports) are referred to. The results of that study are found in two documents I have created. The first is six pages of single space string cites, broken down by circuit with a parenthetical about the issue for which the legislative history was used). The second is a 26 page textual discussion of 22 Supreme Court opinions in which legislative history was used. I haven't attempted to be comprehensive, although I think 1,000 cases is a pretty good sample."
Posted by Kevin Heller at 10:40 PM
August 10, 2006
Fantasy Sports
Decision handed down in Fantasy Baseball stats suit that I have been covering for years on this website: Turns Out Major League Baseball Doesn't Own Stats, After All / Coleman: Overreaching, Part XXVII — Major League Bozos, confirmed. Patry: Right result, reasoning shaky.
Previously: Do Fantasy Stats Violate Copyright?
And with Fantasy Football (and the real NFL season) fast approaching, Public Knowledge reports on a rather important FCC decision on the NFL Network:
We are pleased that the Media Bureau upheld its decision requiring Time Warner to reinstate the NFL Network to more than one million cable subscribers. This dispute shows perfectly why Net Neutrality is necessary. The cable model, with the cable operator as gatekeeper of content, should not be applied to the Internet, but the danger is that it will without strong non-discrimination legislation.
And for anyone interested we might have a spot or two available in the Blawger Bowl III Fantasy Footbal League. Email if you are interested.
Posted by Kevin Heller at 07:04 AM
August 06, 2006
Copyrights and Music Blogs
Looking to publish/repost a piece on the legality issues involving mp3 blogs (stereogum) and aggregators like elbo.ws and hypemachine. Email kevin at this domain if you have something you'd like posted here.
Previously: mp3 blogs and Reuters.com on mp3blogs and Free as in Music
Posted by Kevin Heller at 09:56 AM
July 31, 2006
You, Me and Cousin Dupree
I've no doubt that Steely Dan has got it right when they say that
and it appears that its becoming easier to prove Idea Theft.
[source: Owen Wilson: 'Dupree' no rip-off (via)]
Related: Bubble-Wrap: Why the Contractual Protection of Ideas is Preempted by Federal Copyright
Posted by Kevin Heller at 02:58 PM
July 29, 2006
Request specifics to defeat the RIAA
Techdirt: RIAA Will Drop Cases If You Point Out That An IP Address Isn't A Person
RIAA loses in file sharing case: She requested that the RIAA provide specifics such as the dates of the alleged downloading and the files involved. The RIAA failed to provide the requested information and Foster filed a motion for summary judgment.
Posted by Kevin Heller at 12:55 AM
July 18, 2006
Hey man nice song
Andrew Raff is having too much fun with Sen. Ted Stevens. [via]
Posted by Kevin Heller at 10:53 AM
July 12, 2006
Droit Morale Victory
Let's just say you heard it here first when I wrote: We need Moral Rights not morals rights and now District Judge Richard P. Matsch agrees: Utah film sanitizers ordered to cut it.
Andrew Raff at IPTAblog has a great roundup and a link to the decision here.
Related: Ron Coleman on Cleanflicks
Posted by Kevin Heller at 10:47 PM
June 21, 2006
WSJ DRM Debate
Is the copy protection used on digital music and video files stifling innovation? Fritz Attaway, an executive with the Motion Picture Association of America, faces off with law professor Wendy Seltzer in an email debate. [wsj]
Posted by Kevin Heller at 11:10 PM
June 15, 2006
Does the First Sale Doctrine apply to DVDs?
Tim Marman and Frank Field are wondering if the First Sale Doctrine apply to DVDs?
Can anyone help them out?
Related: Ripping Purchased CDs not Lawful
Posted by Kevin Heller at 08:26 PM | Comments (0)
June 13, 2006
The Corruptibles
EFF has launched a new Flash animation today that features exclusive, breaking news footage from the future:
In 2006 the entertainment industry asked the government to give it incredible new powers -- the broadcast flag, digital radio restrictions, and control over all analog-to-digital devices. But in the future, those super powers will become the Corruptibles, three villains that invade your home, break your devices, and stop legitimate uses.
Posted by Kevin Heller at 08:25 PM
June 06, 2006
Stop SIRA
* EFF: 24 Hours to Save Internet Fair Use
* PK: More Assaults on Consumers Rights
* Techdirt: Soon You May Have To Pay For Every Time Your Computer Caches A Song Copy
* boingboing: 24h to stop new copyright law: call now!
* It made it to the top of Digg as well.
Draft legislation to be considered Thursday by a House subcommittee “would constitute an extraordinary expansion of copyright rights that would harm technology, innovation, and consumers,” according to a letter sent to Capitol Hill signed by 19 companies and groups.
Posted by Kevin Heller at 08:06 PM
June 05, 2006
My First Cease & Desist*
I haven't received it yet, but it's already drafted and waiting in a special postal bin at corporate headquarters to be mailed.** It's dated June 5, 2014 and reads as follows:
Dear Mr. Heller,It has come to our attention that your son is gifted in the visual arts. It also appears, that according to your Time Warner and Comcast Cable records for the period 2002 to 2006, that he watched approximately 250 hours of Disney licensed content.
The purpose of this letter is to inform you that any "original works of authorship fixed in any tangible medium of expression" created by your son will be considered an infringement of our copyrights, which do not expire until 3008**, since any work would have been clearly inspired by our content.
Therefore, we request that you complete the attached Work Made for Hire/Assignment Agreement to avoid any eventual protracted litigation in the future and return it to us at your earliest convenience. In consideration, we would like to offer you the opportunity to purchase one DVD from our catalogue at cost.
Sincerely,
* My First Cease & Desist is a soon to be registered trademark; all rights reserved.
** As per the recently enacted Millennial Minus One Copyright Amendment.
Disclaimer: This is merely a pre-cautionary tale.
Posted by Kevin Heller at 08:35 AM
May 31, 2006
is AllofMP3 illegal
Out-Law.com reports that AllofMP3 is illegal, says music industry. IFPI, which represents the recording industry worldwide, stated AllofMP3.com is not a legal service either in Russia or anywhere else..."
Posted by Kevin Heller at 12:54 PM
May 18, 2006
Euro Tec v. Apple
Does anyone have a copy of the complaint in this matter:
A small group of independent music publishers filed a class action lawsuit May 16 against major online music services for failing to secure licenses to sell downloads. The copyright infringement suit, filed in federal District Court in Los Angeles, names as defendants Apple Computer, AOL Music Now, Buy.com, Microsoft, Napster, RealNetworks Digital Music of California, Record Town, Sony Connect, Virgin Entertainment Group, Wal-Mart and Yahoo!.Publishers File Suit Against Digital Services
Posted by Kevin Heller at 01:46 PM
May 10, 2006
2nd Circuit Fair Use Decision
Bill Graham Archives, LLC. v. Dorling Kindersley Ltd., No. 05-2514 (2d Cir. May 09, 2006) Summary judgment in favor of defendants, on their fair use defense to copyright infringement action, is affirmed over claims that: 1) as the publication is biographical in nature, the district court erred by failing to examine defendants' justification for its use of copyrighted images in it; and 2) merely placing the images along a timeline in the publication is not a transformative use.
[via findlaw.com]
Posted by Kevin Heller at 06:54 PM
May 09, 2006
Fair use of AmLaw 100
Bruce MacEwen on Copyright Law, "Fair Use," and Why You Can Still Read My Analyses of The AmLaw 100 Statistics.
Posted by Kevin Heller at 09:32 AM
May 03, 2006
kill a musician & serve 5, upload their song & do 20
* Kill a Programmer, Serve Five; Upload Their App, Try Twenty
* "I've been saying this for an ogre's age, but then again, so has Chuck D.: Famous Canadian Musicians Condemn Ludicrous File Sharing Penalties
(thanks Bry!)
Posted by Kevin Heller at 11:35 AM
April 27, 2006
P2P Jurisdictional Issues Presented
Interscope Records v. Duty, District of Arizona, April 14, 2006.
Excerpt from the Opinion: "we conclude below that the mere filing of a copyrighted work in a peer-to-peer network share folder may constitute distribution and therefore infringement."
Virgin Records America, Inc. v. Does 1-35, District of Columbia, April 18, 2006.
Excerpt from the opinion:
Third, by installing P2P software and logging onto a P2P network, each defendant transformed his or her computer into an interactive Internet site, allowing others to complete transactions by downloading copyrighted works over the Internet. Importantly, each Defendant was disseminating copyrighted works to anyone that wanted them and was downloading copyrighted works from others [*12] who offered them - including residents of this jurisdiction. Engaging in such "interactive" electronic transactions provides the sort of "continuous" and "systematic" contacts with the District of Columbia"....
See also: File sharers now have even more to fear
Posted by Kevin Heller at 11:21 AM
April 21, 2006
What is a Compilation under S. 504
WB Music Corp. v. RTV Communication Group, Inc., No. 04-3890 (2d Cir. April 19, 2006)[pdf]:
The district court computed statutory damages based on seven “compilations,” in the form of compact discs prepared by the defendants, that infringed the copyrights in thirteen separate works owned by the plaintiffs. We hold that, for purposes of statutory damages under § 504(c), a compilation created without authorization from the owners of the separate, infringed copyrights in its constituent parts is not a compilation contemplated by the last sentence of § 504(c)(1), which states that “[f]or the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.”
More from The Patry Copyright Blog: Compilations and Statutory Damages
Posted by Kevin Heller at 07:56 AM
April 08, 2006
EFF: Copyright v. Indexing
Fred von Lohmann: "the world of copyright law is about to collide with the world of digital indexing and search, and the collision will be among the most important digital copyright issues of the next several years."
Posted by Kevin Heller at 10:10 AM
March 30, 2006
allTunes v iTunes
AllOfMP3 Launches allTunes [still probably not legal in the U.S.] [via waxy]
Apple v. Apple [1991 trademark agreement between Apple Computer and Apple Corps, Ltd, the British company formed by the Beatles and their families. This agreement is currently the subject of litigation between the two companies in London, England.]
Apple Related: Apple v. Does
Posted by Kevin Heller at 07:27 AM
March 29, 2006
Fair Use DRM Hearings
The House Energy and Commerce Commitee has two hearings on fair use and DRM this week.
March 29 1PM, on video:
* Blake Krikorian, CEO, Sling Media
* Jim Denney, VP for Product Marketing, TiVo, Inc.;
* John Feehery, EVP, External Affairs, MPAA; and
* Stevan Mitchell, VP of IP Policy, Entertainment Software Association
Mar 31, on audio.
via Alex Curtis's blog.
Posted by Kevin Heller at 08:03 AM
March 07, 2006
NBC takes the right approach to offering their Content
NBC Video: "Now, instead of searching the web for "borrowed" NBC highlights, you can go to the source! We've taken your viral favorites and gathered them into one convenient location."
Here's a link to a high res version of the SNL Digital Short: Natalie Portman Raps. [via]
Previously: Youtube is not Napster
Posted by Kevin Heller at 08:13 PM
March 06, 2006
Teacher's Editions and First Sale
Professor Patry on how to ace those first year finals.
Posted by Kevin Heller at 09:01 PM
February 26, 2006
Copyright & Contract Primer
Bubble-Wrap: Why the Contractual Protection of Ideas is Preempted by Federal Copyright [pdf]
Posted by Kevin Heller at 08:25 PM
P2P File Sharing is Non-Competitive Use of the Work
As Professor L. Ray Patterson explains: "The competitor uses the copyright; the consumer uses the work. The copyright owner, by reason of the Copyright Act and the copyright clause, has not only no right to interfere, but a duty not to interfere with the consumer's use of a publicly disseminated work."
In the course of copyright legislation and through a drafting error that occurred at the time of the 1909 act fair use was now being applied to consumers where previously it had only applied to a competitor’s use or piracy: "As originally promulgated, the fair use doctrine was a fair 'competitive' use doctrine designed to enable a rival author or publisher to use a copyrighted work in preparing another publication. Therefore, the doctrine applied only to competitors, not consumers."
Therefore an individual user should not be liable for copyright infringement unless their actions rise to the level of piracy.
Consumers are not competitors. Copyright laws should not even apply to their use of the work whether that be distribution or downloading; so long as that use is non-commercial.
Originally published: 2004-07-28
Posted by Kevin Heller at 08:20 PM
Assumptions about Copyright Law
Brett Frischmann at madisonian.net has read a draft of Matthew Sag's forthcoming paper entitled: "A Rational Choice Model of Copyright Enforcement: Why the RIAA should continue to target 12-year-olds and grandmothers".
About this paper, Brett writes: "I will note that Matt ...asks two questions: (1) why do so many consumers feel that unauthorized file sharing is acceptable when it is clearly illegal?"
Posted by Kevin Heller at 07:47 PM
February 22, 2006
Combating Digital Piracy: The Limits of Technology
Combating Digital Piracy: The Limits of Technology
Monday, March 20 @ 6:00 p.m.
Benjamin N. Cardozo School of Law/Yeshiva University's Uri and Caroline Bauer Distinguished Visitor Program presents Tom Rubin, Associate General Counsel, Microsoft Corporation, discussing Intellectual Property and Digital Piracy. Mr. Rubin heads the Copyright, Trademark and Trade Secret Group and leads a 30-member team that is responsible for the creation and strategic management of Microsoft's extensive international intellectual property portfolio.
Posted by Kevin Heller at 06:17 PM
Kelly versus Perfect 10
What distinguishes the Kelly v. Arriba Soft Corporation, 336 F.3d 811, 820 [pdf], case where the court held that thumbnail images of copyrighted works constituted fair use and the recent ruling by U.S. District Judge A. Howard Matz in the Perfect 10 v. Google case?
I believe the cases are distinguished on the basis that Perfect 10 actually sells downloadable thumbnail versions of its nude photos.
I don't necessarily think this would make good law if this is how the case is eventually decided, but the cases can clearly be distinguished on that basis.
Fair Use will continue to exist in cases where the copyright holder does not sell thumbnailed versions. Google's Image search will not be crippled, but clearly the burden will be on the search engines to determine what images can be included in its image seach.
Bonus: Marty Schwimmer has linked to a copy of the injunction [pdf].
See also: William Patry on Google Nudes (I personally think the implied license is a stretch.)
* Perfect 10 Image Search on Google + Perfect 10 Models JPG (with Clothes on)
Posted by Kevin Heller at 08:22 AM | Comments (0)
February 15, 2006
Ripping Own(ed) CD's not Lawful
EFF points to filing by the RIAA which says so.
Posted by Kevin Heller at 01:22 PM
February 14, 2006
When Parody meets the Law
WSJ article on The Problem with Parody. Rounds up some of the different parody sites that have dealt with c&d letters and how some of the spoofed have dealt with it (and as Marty Scwimmer indicates -- dealt poorly).
If you're interested legal aspects of parody you should look at the following:
Not Parody
Booble, Booble
Aberzombie Domain
Puma, Puma, More puma
Posted by Kevin Heller at 10:07 AM
February 03, 2006
Potential Publicity Nightmare, Ethical Improprieties for IP Firm
Legal firms cold-calling artists appearing on P2P networks doesn't translate to new clients for firm. [via Waxy]
Posted by Kevin Heller at 03:00 PM
January 18, 2006
weighing in on important legal issues of our day
The Supreme Court claims "that facts are not copyrightable" (Feist), but that compilations of facts may be.
However, I will argue that if the facts at issue are Chuck Norris Facts then each individual fact is indeed copyrightable and each author should be able to make a claim of ownership, and neither chucknorrisfacts.com or www.4q.cc/chuck may make a legit claim of ownership to each fact unless they receive a copyright release or license from each owner.
Disclaimer: The facts about Chuck Norris Facts are open to debate and as such this information is provided with the understanding gleaned from reader comments in two http://www.boingboing.net/ posts. Please note that the basis for my argument is that the Chuck Norris Facts aren't actually true facts but rather made up facts. Finally, please note that this is an attempt at humor and should not be considered actual legal advice.
Posted by Kevin Heller at 07:27 PM
RSS & Copyright Battle Continues
John Palfrey offers his take on RSS and Copyright, circa 2006.
My views on this are expressed here and here.
update: my consolidated view on RSS and Copyright, Circa 2006 is expressed here.
Posted by Kevin Heller at 02:23 PM
January 17, 2006
P2P Indemnity
"In an unusual twist in the fight over online file sharing, several college students who have been sued by the recording industry are asking the creator of a file-swapping service to pay to settle the charges against them." [Students Want File-Sharing Site To Pay for RIAA Settlements]
Posted by at 11:18 PM
Do Fantasy Stats Violate Copyright?
CNN - Baseball statistics: history or property?, January 15, 2006: "Major League Baseball has claimed that intellectual property law makes it illegal for fantasy league operators to "commercially exploit the identities and statistical profiles" of big league players."
"One problem MLB will face is that facts are not copyrightable." from Tech Law Advisor - Does Fantasy Baseball Violate Copyright? March 9, 2005.
A copy of the complaint can be found here.
Posted by Kevin Heller at 07:42 PM
January 15, 2006
Copyright and King
"The Eleventh Circuit Court of Appeals ruled in 1999 that [Martin Luther King's "I Have A Dream"] speech was not "generally published" for purposes of waiver of copyright, and that the King estate had the right to enforce its copyright in the speech." I Have a Dream (C), Likelihood of Confusion, Jan 18, 2005.
[See: Wikipedia entry on the case and the decision]
See also: Martin Luther King Documentary Unavailable Due to Copyright Issues (Jan 17, 2005) ; Martin Luther King, Jr.
(tags: Copyright, Martin Luther King) (Google News: Martin Luther King)
Posted by Kevin Heller at 04:48 PM
Some Rights Reserved
Everything on techlawadvisor.com, except those items listed below or specifically noted otherwise, is licensed by Kevin Heller under the Attribution-NonCommercial-ShareAlike 2.0 Creative Commons license.
This means the written content of each post is covered by the license and you may do with it as you wish as long as you use it for noncommercial purposes, provide credit and release the new work under the same license.
As noted above, some exceptions:
- Site design is Copyright 2006 by Kevin Heller and may not be reproduced without express written consent.
- All comments posted to techlawadvisor.com from people other than myself are copyrighted by the original authors. You need their permission before publishing those comments elsewhere.
- Excerpted passages from materials, which I use to comment or criticize, are subject to the copyright license of their creators or publishers and you should determine what use would constitute fair use before utilizing those materials.
Posted by at 02:44 AM
January 12, 2006
Mac & Cheese Please
Interesting WaPo article via copycense discussing copyright and cooking.
Click through for a Crusty Mac & Cheese Recipe.
This happened to be the first hypo we addressed in Professor Stewart Sterk's copyright class: whether a recipe or a collection of recipes are afforded copyright protection.
Here are someone else's notes from that class:
- Copying one recipe out of a 200 recipe book for your own cookbook is not fair use if there are many ways to express the same idea/dish. There can be a copyright for one recipe and copying of one by another can result in [reduced] value of [the] cookbook (factor #4)
- Teaching a copyrighted recipe is fair use (factor #1 educational and not likely to reduce mkt value – may increase popularity of cookbook!)
Related: The Trademark Blog: Can Recipes Be Copyrighted?
(tags: recipes copyright iplaw)
Posted by at 03:59 PM
January 09, 2006
Content License Agreement
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Related: Copyright Basics
Posted by at 02:24 PM
January 06, 2006
Copyright Traps
The Map Room on Copyright Traps [via The Morning News (that excellent Brooklyn daily)]
Posted by Kevin Heller at 01:39 PM
Fair Use and Media
IPcentral Weblog points to this excellent resource for documentary filmmakers from the Center for Social Media: Documentary Filmmakers Statement of Best Practices in Fair Use [pdf]
Posted by Kevin Heller at 10:58 AM
January 01, 2006
Columbia Law Library Music Plagiarism Project
TLA 8-16-02: Here is a link to The Columbia Law School Music Copyright Infringement Online Archive, which analyzes more than 100 music federal copyright infringement cases from over the last hundred (and also contains audio samples and commentary).
The Columbia Law Library Music Plagiarism Project features audio samples that compare songs that were involved in landmark copyright cases. Users can compare, for example, Gilbert O'Sullivan's "Alone Again (Naturally)" with "Alone Again" by the rapper Biz Markie, which sampled the original and lifted the lyrics.The site includes court decisions and commentary on them from the site's authors. The judge in the "Alone Again" case, the site says, missed the fact that "apart from the gibberish chanted over O'Sullivan's ostinato, there is nothing original in Biz Markie's song or his recording except his performance of it."
Other songs featured on the site include "Don't Fence Me In," "Feelings" and John Lee Hooker's "Boogie Chillun.'" For some mysterious reason, the sound files are all encoded in the RealPlayer format.
Posted by Kevin Heller at 11:21 PM