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1: Warhol Foundation Sued by Velvet Underground Over Banana Design

First off today, members of the band The Velvet Underground have sued the Any Warhol Foundation claiming that they have illegally used a banana design on various commercial products without the band’s permission. The image, which was originally created by Warhol himself for the group, became a symbol of The Velvet Underground after the band used it on their first album in 1967. According to the band, the image doesn’t have copyright protection because neither Warhol nor anyone involved with the work sought to copyright it (a requirement before 1978) and now it is commonly associated with the band rather than Warhol. As such, they accuse foundation, which was created after Warhol’s death in 1987, of using the image to artificially imply the band’s approval of the products it’s placed on. The band is seeking a declaration that the foundation has no copyright interest in the logo and an injunction against its use.

2: EMI Records Launches Action Against State Over Anti-Piracy Order

Next up today, the EMI (along with, according to some reports, the other three major record labels) has filed suit against the State of Ireland over alleged foot-dragging in crafting a statutory system for dealing with alleged file sharers. According to the filing, the government has, for some time, been promising a “three strikes” system for dealing with suspected file sharers but has failed to produce as much as a draft. According to EMI, such a system is a requirement of EU law and the delay in implementation has cost the industry significant amounts of money in the country. The Irish government, on the other hand, has promised to release its proposal later this month.

3: U of M Sues Website Operator for Posting Psych Test Online

Finally today, the University of Minnesota has filed suit against New Zealand-based website operator Andrew Dobson over his creation of a “cheat sheet” designed to help people obtain a desirable score on a psychological test created by the university. The test, known as the MMRI, is a 500-question long test used to diagnose mental disorders and is commonly a part of psychiatric evaluations. Dobson allegedly posted copies of the test along with a guide for “normalizing” your score on it. However, doctors fear that pre-exposure to the test can skew the results, even without attempts to deceive it.

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.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Capitol Records Sues ReDigi: EMI Label Alleges Copyright Infringement by ‘Used’ Digital Music Site

First off today, Capital Records, the flagship label for EMI, has filed suit against “used” music site ReDigi for copyright infringement. ReDigi, which claims to be a legitimate service for reselling music tracks, works by having users upload legally-purchased music files to their service and then reselling them for a reduced price. ReDigi believes that this is protected under the right of first sale, which permits the reselling of copyrighted works so long as new copies aren’t produced. However, Capitol Records claims that the right of first sale doesn’t apply in this case as ReDigi must make a copy of the song to download it to the buyer’s computer. Capitol Records is seeking both an injunction and statutory damages.

2: Mystery Buyer Wins Auction for Copyright Troll’s Domain

Next up today, the controversial company Righthaven has had its domain auctioned off to an anonymous bidder for $3,300. The domain was put up for sale to pay for the legal expenses of a former defendant sued by the company, which previously was famous for its no-warning lawsuits over content from the Las Vegas Review-Journal and the Denver Post but has since stopped after a string of legal defeats. The money from the sale will go to pay the legal bills of Wayne Hoen, who successfully defended himself against a Righthaven lawsuit and is now owed over $60,000 in legal bills from Righthaven.

3: Microsoft Sues China’s Gome for Alleged Copyright Infringement

Finally today, Microsoft has sued Gome Electrical Appliances Holding, one of China’s largest electronics distributors, and a Beijing electronics mall over copyright infringement. At issue is Gome’s alleged inclusion of pirated copies of Windows in computers it sells. The mall was sued over lack of supervision and oversight in the sale of those computers. The move comes as Microsoft is struggling to gain traction in China which, despite a booming tech sector, has also been a haven for piracy, due in large part to relaxed enforcement.

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.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: New Lawsuit Means All Major Labels Are Suing Grooveshark

First off today, EMI, the fourth and smallest of the “big four” record labels, has filed suit against music streaming service Grooveshark for breach of contract. Grooveshark, which was already being sued by the other three labels (Universal, Warner and Sony) had struck a deal to license EMI’s music through their service. However, according to EMI, Grooveshark has not paid any royalties nor have they issued any accounting statements. Grooveshark has said that this is a “contract dispute” that they hope to have resolved soon.

2: For Americans, Digital Piracy is a Family Thing

Next up today, a study by the American Assembly, which is affiliated with Columbia University, found that three quarters of Americans surveyed believed that sharing music with family members was acceptable and that more than half felt the same about sharing with friends. However, only 16 percent thought it was acceptable to share in a widespread manner for commercial gain. Respondents were split almost evenly on punishments for file downloading with a little under half saying there should be none. Those who did favor punishments favored lighter ones such as warnings and small fines.

3: Is Copyright Against Your Religion?

Finally today, in Sweden the government has officially recognized Kopimism as an official religion. Kopimism, which was founded by 19-year-old philosophy student Isaac Gerson, believes that “the sharing of information is the most beautiful thing in the world”, including file sharing. However, the move is unlikely to have any practical impact as it does nothing to make file sharing legal. However, the movement has drawn a lot of attention to the Church of Kopimism’s site, which is currently accepting new follower registrations via a form.

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.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Amazon, Dropbox, Google and You Win in Cloud-Music Copyright Decision

First off today, music locker service MP3Tunes, though found liable for not complying with DMCA notices, has been handed a major win by a District Court and may be paving the way for Amazon, Google and others to launch more efficient cloud music services. In the ruling, the judge gave his approval on both the fingerprinting of audio tracks, which means that MP3Tunes needs only store one copy of a previously uploaded file, and the sideloading of audio tracks, meaning that users can load tracks from elsewhere on the Web. The ruling is a boost for Dropbox, which uses the same fingerprinting technology to save on file space and bandwidth, as well as other music locker services, such as Amazon and Google, that may want to use these features. However, EMI and the other publishers involved in the suit likely plan to appeal the ruling.

2: Oracle Wants Copyright Claims to Remain in Google Suit

Next up today, in its lawsuit against Google over the company’s use of JAVA in the Android operating system, Oracle has filed a objection to keep a copyright element of the suit intact. Google had previously sought dismissal of some of Oracle’s claims stating that API elements were not copyrightable. However, Oracle, in its objection, has asked for that to be resolved at trial saying that no court has ruled as such and that Google requires its partners to respect copyright in its own APIs. Google will have a chance to respond to the objection.

3: It’s Not Over Yet, Jammie Thomas: RIAA Appeals Damage Reduction

Finally today, in a widely expected move, the RIAA has appealed the most recent ruling in its case against alleged file sharer Jammie Thomas-Rasset. The lower court last month reduced the damages she would be ordered to pay from from $1.5 million to $54,000 however, the RIAA is specifically appealing whether Thomas-Rasset’s alleged sharing is “distribution” under the copyright act, which the lower court ruled it was not. This could set the stage for a third trial in the case, likely on the issue of damages alone (for the second time).

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.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Government of Ireland Invites Feedback on Draft Copyright Regulations

First off today, Ireland is seeking feedback on new copyright legislation that it hopes will bring its country’s copyright code into compliance with EU directives. The legislation aims to codify both the safe harbor protection for ISPs but also provide injunctive relief against them, meaning that they can be ordered to block access to sites that are alleged to be infringing. The new legislation follows a lawsuit in which EMI sued to get The Pirate Bay blocked in the country but the court ruled they couldn’t force action because, while safe harbors had been codified into Irish law, the injunctive relief had not, meaning there were no grounds for the injunction.

2: Removal of Printed Photo Credit Qualifies as DMCA Violation, Court Says

Next up today, the Third Circuit Court of Appeals has ruled that a photograph attribution printed on the same page as an image constitutes copyright management information and its removal is a copyright infringement. The case stems from photographer Peter Murphy, who was hired in 2006 by New Jersey Monthly magazine to photograph local shock jocks Craig Carton and Ray Rossi for a “best of” edition of the magazine. The radio station Carton and Rossi work for took the image from the site and reused it on their page, inviting others to alter the photo. The lower court ruled that the use of the image was a fair use and the removal of the attribution line was not a removal of copyright management information but the Appeals Court reversed both of those decisions, setting the stage for this dispute to go to trial.

3: Kind of Screwed

Finally today entrepreneur Andy Baio had a vision for an album, a remake of Miles Davis’ album “Kind of Blue” made music from 80s video game consoles, commonly called “chiptune” songs. For the cover of the album, Baio had a friend create a pixel version of the original iconic cover, only to have the photographer of that image file a lawsuit against him claiming that it was an infringement of his work. Baio has settled the case for $32,500 saying he does not feel he did anything wrong but that this was merely the cheapest way to resolve the case and put it behind him. This case follows in the wake of other “appropriation art” cases such as the Shepard Fairey lawsuit over the Obama “Hope” poster.

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.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

This is no April Fool’s joke, it is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.

If you’re in the mood for a completely joke-free conversation about copyright law then this is the podcast for you (Well, a few jokes but none on you). We have a lot of news to go over including a major victory for those who want to mass-litigate against pirates, Amazon launches a new cloud streaming service and Righthaven manages to file a lawsuit over an article about one of their lawsuits, nearly causing the universe to implode.

All in all there were eight stories this week including:

• Washington Judge OKs Mass P2P Lawsuits
• Amazon Launches Cloud Music Streaming, Sans Label Permission
• Zediva Gets Creative with DVD Streaming
• Righthaven Embarrasses Itself
• EMI and Bluebeat Settle
• Much, Much More!

You can download the MP3 file here (direct download). Those interested in subscribing to the show can do so via this feed.

Show Notes

About the Hosts

Jonathan Bailey

Jonathan Bailey (@plagiarismtoday) is the Webmaster and author of Plagiarism Today (Hint: You’re there now) and works as a copyright and plagiarism consultant. Though not an attorney, he has resolved over 700 cases of plagiarism involving his own work and has helped countless others protect their work and develop strategies for making their content work as hard as possible toward their goals.

Patrick O’Keefe

Patrick O’Keefe (@iFroggy) is the owner of the iFroggy Network, a network of websites covering various interests. He’s the author of the book “Managing Online Forums,” a practical guide to managing online communities and social spaces. He maintains a blog about online community management at ManagingCommunities.com and a personal blog at patrickokeefe.com.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Media Companies Say E-reader Application Zite Takes Content Without Permission

First off today, nearly a dozen media companies have sued Zite, the company that created the popular iPad ereader with the same name, claiming copyright infringement. According to the claimants, which include Dow Jones, National Geographic and Time, Zite’s application unlawfully reproduces images and stories from their publications without permission. Zite functions as a personalized magazine for the iPad, taking news from the user’s desired source and formatting them for easy reading on the iPad.

2: EMI Loses Down Under Court Appeal

Next up today, EMI lost its appeal over the popular 1983 Men at Work song “Down Under”. Publisher Larrikin Music had sued EMI saying that “Down Under” unlawfully used the melody from the 70-year-old children’s song “Kookaburra Sits in the Old Gum Tree”. The lower court agreed with Larrikin, saying that the song was an infringement, and the Appeals Court has upheld that ruling, ordering EMI to pay five percent of the song’s royalties accrued since 2002. There is no word if EMI may appeal the case to Australia’s High Court.

3: Study: US Digital Music Will Overtake CDs in 2012

Finally today, a study by Strategy Analytics indicates that, in the U.S. digital music sales may eclipse physical sales next year. This, according to their estimates, will happen as physical sales will plummet and digital sales will inch forward, overtaking it. Also, according to the report, digital downloads will be the predominant format on into 2015 with subscription services lagging behind.

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.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Copyright Troll Righthaven’s Epic Blunder: A Lawsuit Targeting Ars

First off today, Righthaven filed suit against freelance writer Eriq Gardner over a column he wrote for the site Ars Technica. The article in question was about a previous Righthaven lawsuit, that one against The Drudge Report, in which Ars ran a photo taken from Righthaven’s filings in the case, which happened to depict a grainy version of the Denver Post photo the original lawsuit was over. Righthaven, which represents both the Las Vegas Review-Journal and the Denver Post, announced they had dropped the suit against Gardner with prejudice after realizing their error, but the blunder called into further question Righthaven’s litigation tactics, which involve suing sites and their owners over using content from various newspapers without first filing any form of warning.

2: In Bow to Authors, Baidu Scrubs Document Sharing Site

Next up today, bowing to pressure from local authors, Chinese search engine Baidu has scrubbed nearly 3 million documents from its document sharing service, Wenku, and has said that it will shut down the service if problems continue. Baidu also said that it is seeking a new round of negotiations with authors and other copyright holders regarding the document service and is hoping to reach a mutually-beneficially agreement. Though Baidu has said it can’t be certainly 100% of the infringing material is gone, it does hope that the mass deletion shows their good faith and will help bring authors to the negotiating table.

3: EMI Wins $950,000 in Copyright Infringement Lawsuit over Beatles Songs

Finally today, the BlueBeat.com case has been settled and EMI can expect to get nearly $1 million from Media Rights Technologies, the former owners of the site. BlueBeat was selling Beatles tracks for 25 cents without a license from EMI, who hold the rights to the songs, and, when pressed in court, claimed that they were not selling the original tracks but instead were offering ones created by ”psycho-acoustic simulation”. The judge, however, disagreed with that and found the company liable for infringement, prompting this settlement.

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.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: LimeWire’s File Sharing Halted by Injunction

First off today, as we get caught up from over a week away, the popular file sharing service Limewire has been forced to close due to an injunction shutting down critical parts of their business. The company had already been found liable for copyright infringement in its case against the RIAA and the move was widely expected. Limewire shut off access to its users by activating a “kill switch” it had updated into its users systems thus letting them turn off the application.

2: Ministry of Sound Suspends Filesharing Action

Next up today, the Ministry of Sound in the UK suffered a setback as it has been forced to suspend its anti-filesharing action in the country after ISP BT deleted the information of some 20,000 suspected infringers it had previously promised to maintain. BT had previously gotten an injunction barring the Ministry of Sound and its law firm ACS:Law from obtaining the names but had agreed to preserve them until the matter could be handled in court. However, the ISP notified all parties involved that they had failed to do so. The Ministry of Sound has promised to press on with its campaign.

3: MP3tunes: iTunes Will Benefit if We Win Copyright Case

Finally today, Michael Robertson, the founder of MP3Tunes.com and Sideload.com, has filed for a summary judgement in his case against EMI, which accused his companies of enabling copyright infringement. Sideload.com, an MP3 search engine and MP3Tunes, a digital locker site, pair up to form a copyright infringing operation according to EMI and they have sued both him personally and his company. According to Robertson, this case is one about freedom to do with your music as you please and never have to rebuy old songs but, according to EMI, it’s a straightforward copyright infringement matter.

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.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

1: Pink Floyd Win Court Battle with EMI

First off today, just a day after we first reported on the lawsuit, Pink Floyd has emerged victorious in their battle against their label EMI. EMI will have to pay back royalties to the band as well as cover their legal expenses, estimated at £60,000 ($90,000) for selling the band’s tracks individuallly on iTunes, even though their contract only allowed whole-album sales. The exact amount of the royalties have been kept secret.

2: European Parliament Slams Digital Copyright Treaty

Next up today, the EU Parliament has passed a resolution 633-13 to compel those negotiating the ACTA treaty to publicly disclose the details of the treaty and threaten legal action if the disclosure is not adequate. The ACTA treaty, which includes the U.S., EU, Japan and other nations has been swamped in secrecy, as are most international treaties, but has been the subject of several leaks and increased public scrutiny due to the potential changes in copyright law for some participating nations.

3: Net Giants Rail Against Law to Block File-Sharing Sites

Finally today, a proposed amendment to the Digital Britain Bill in the UK that would allow copyright holders to demand ISPs block access to sites that are allegedly infringing is being protested by many prominent Web companies including Google, Facebook and others who signed a letter to the effect. Some celebrities, including Stephen Fry, have also signed onto the letter of protest.

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.

Want the Full Story?

Tune in every Saturday morning for the live recording of the Copyright 2.0 Show or wait and get the edited version Monday morning right here on Plagiarism Today.