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3 Count: Let it Be

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1: 2nd Circuit Court of Appeals says it is done with Aereo

First off today, Joe Flint at the LA Times reports that the 2nd Circuit Court of Appeals has denied a request from TV broadcasters to reconsider a previous decision that upheld an injunction against the TV streaming service Aereo.

Aereo is a service that allows users to stream over-the-air television to various devices as well as record it with a DVR. Broadcasters sued the organization but, since Aereo uses thousands of dime-sized antennas to record and rebroadcast the signal, meaning each customer has one antenna, a lower court refused to grant an injunction against Aereo and the Appeals court has upheld it.

The recent denial to re-hear that appeal has put the case on a likely path to an appeal to the Supreme Court. Aereo is also facing a legal challenge in Boston from a TV station and similar service Aereokiller had an injunction filed against it in California.

2: Beatles Tribute acts in Copyright Court Case

Next up today, Alice Vincent at the Telegraph reports that producers of the 2010-2011 braodway show Rain, which was a Beatles tribute show, have filed sut against another Beatles tribute show, Let it Be, a West End Jukebox Musical, which will be opening on Broadway next week.

The producers of Let it Be have denied the infringement saying that there is simply no way to copyright a Beatles impersonation. However, Rain’s producers said they collaborated with team members of the new production and that they oversaw costume and styling as well as provided the musical script.

According to Rain’s producers, they reached a 50-50 agreement for Let it Be’s London showings, which recently closed, but the London producers called off the agreement after it was over and only offered 7.125% moving forward. Rain’s producers want the original 50% share restored.

3: Marilyn Monroe Negatives to be Auctioned with Copyright

Finally today, Laura Gilbert at The Art Newspaper reports that an archive of some 75,000 images, negatives and transparencies taken by celebrity photographer Milton Greene, including approximately 3,700 unpublished images of Marilyn Monroe, are set to be sold at auction, with their copyright.

The sale is unusual because, most auctions of photographs do not include the copyright, even if the negatives are sold. This makes the images much more valuable as they can be licensed for other purposes, including prints and books.

The archive came up for auction after, in the 1970s, Greene took out a loan and used the archive as collateral. The Polish government came to hold the debt and, in the 2000s, sought repayment. When no payment was received, it took ownership of the archives and sold it to a U.S. collector who is now putting it up for auction in 268 lots.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

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