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

1: Barack Obama Faces Pressure Over TVShack Extradition Case

First off today, yesterday President Obama held a Hangout on Google+ where he answered questions on a wide range of topics. One of the questions asked was regarding, Richard O’Dwyer, the former admin of TVShack, a site that posted links to unlawful streams of copyrighted content. O’Dwyer was arrested in his native UK but on charges here in the U.S., he is facing extradition to the U.S. to face criminal charges though, locally, he has not been charged. Obama, however, distanced himself from the case saying he was not directly involved in it. However, he reiterated that he sought to ensure intellectual property was protected while ensuring Internet freedoms. O’Dwyer’s mother said Obama’s reply was “a typical politician response.”

2: Long ‘Spawn’ Dispute Settled: Neil Gaiman Says Case is Good for Creators, ‘Incredibly Good’ for Copyright

Next up today, in a case that has been going on for almost a decade, author Neil Gaiman has settled his dispute with Spawn creator Todd McFarlane. The Spawn series, originally a comic book, centers around a former CIA agent who was killed and returns as a demon to fight crime. The dispute arose over two issues of the Spawn comic where the two writers teamed up and created several characters including Medieval Spawn and Angela, a bounty hunting angel. However, McFarlane had denied Gaiman royalties on later uses of the characters. A jury agreed with Gaiman, making him half author of the issues in question. The two have since resolved the remaining disagreements in a confidential settlement, putting an end to the case that began in 2002.

3: Newt Gingrich Sued for Use of “Eye of the Tiger”

Finally today, Republican Presidential hopeful Newt Gingrich is being sued by Frank M. Sullivan III, one of Survivor’s founding members, over Gingrich’s use of “Eye of the Tiger” at various campaign events. According to Sullivan, who is co-author of the song, Gingrich has used “Eye of the Tiger” at various appearances dating back to at least 2009. He is seeking a ban preventing further use of the song in addition to damages to be determined by the court. Gingrich’s campaign had no comment but it most likely won’t be the last of such lawsuits we see this campaign season.

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: Spanish Group Looks to Sue FBI Over Megaupload File Loss

First off today, the Pirate Party in Spain is attempting to rally former Megaupload users to file a lawsuit against the FBI for seizing the site and, in the process, denying them access to their files. The FBI, which shuttered Megaupload last week on allegations of copyright infringement, racketeering and money laundering, took offline millions of files that were stored on the service, at least some of which were not copyright infringing. The government has said it is unlikely users will be able to retrieve their files in the future. The Pirate Party is also looking at whether or not the seizure breached other elements of Spanish law, including misappropriation of personal data.

2: Wi-Fi Case Could Make Users Liable

Next up today, Liberty Media Holdings is suing some 13 Boston-area Internet subscribers because their Internet connection was used to illegally download the pornographic movie “Down on the Farm”. However, what separates this case from other Bittorrent lawsuits is that the plaintiffs are claiming negligence on the part of customers who have an open wifi, saying that they are at least partially responsible for any infringement that takes place over their connection due to their lack of protection on their wireless router. If the theory succeeds, it could have a drastic impact on businesses that offer public wifi as well as customers with unprotected connections.

3: B.o.B's 'Airplanes' Producers Slapped With Copyright Infringement Lawsuit

Finally today, musician B.o.B’s latest hit “Airplane” has found itself at the center of a copyright controversy. Christine Dominguez has sued the producers behind the song claiming that they unlawfully cut her out of the writing credits. According to Dominguez she worked on and was credited for a previous version of the song that was released in 2009 but, when B.o.B’s version was released, they removed her from the credits, denying her both attribution and her share of the royalties. Dominguez is suing for unfair competition, unjust enrichment, and failure to account for revenues derived from the song.

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: Grooveshark Emails Outed in Copyright Case

First off today, in Universal’s newest lawsuit against music streaming service Grooveshark, several emails from the company’s higher-up have been outed, indicating that the company adopted a policy of asking forgiveness rather than permission. Universal is suing Grooveshark claiming that the company makes available countless tracks by Universal music for streaming. Grooveshark, however, claims that its music is uploaded by users and it is protected by DMCA safe harbors. However, the most recent Universal lawsuit claims that Grooveshark employees, including its CEO and VPs, have uploaded thousands of tracks to the service. However, the emails from Grooveshark paint a picture of a company that knew it is hosting infringing content but was trying to become a “force” so that the record labels would be forced to settle with them rather than sue. Grooveshark has called the suit a “gross mischaracterisation of information”.

2: Justice Department Launches Public Education Campaign to Fight Copyright Theft

Next up today, the Justice Department has unveiled a new advertising campaign aimed at consumers with the goal of stopping intellectual property misuse. The campaign largely targets the purchase of counterfeit goods, such as fake clothes, bootleg DVDs, etc. but also has spots dealing with illegal downloads, buying fake drugs and also fake electronics. The campaign aims to show that intellectual property theft is not a victimless crime and includes TV, radio and print spots that will be running during the holiday season.

3: BitTorrent Defense Lawyer Joins Copyright Trolls

Finally today, DC-area attorney Mike Meier made a name for himself during some of the initial Bittorrent lawsuits by defending clients and being an outspoken critic of the mass-litigation strategy. However, according to a recent change of his site, he has switched sides and now represents rightsholders filing suit against Bittorrent users. Meier, who once referred to such lawsuits as “extortion” and was listed by the EFF as an attorney to help users fight such lawsuits, has changed his home page to list the various lawsuits (and hundreds of Bittorrent users) his firm has filed suit against. While it’s not uncommon for attorneys to work both sides in such matters, Meier’s history of being an outspoken opponent of the tactic makes this an unusual move.

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: Court May Revive Viacom Copyright Claim Against YouTube

First off today, the Second Circuit Court of Appeals asked tough questions to lawyers representing both Viacom and YouTube in their appeal. Viacom sued YouTube and its parent Google in 2007 claiming that, in the early years of the site, they openly encouraged and built their business on pirated video clips. However, the trial court ruled that YouTube qualified for safe harbor protection under the DMCA and tossed the case. Viacom appealed the decision, which is what was heard today. The court laid out a series of conditions that would have to be met to reverse the lower court ruling and YouTube hit back saying that, out of the 63,000 clips in dispute, none could be shown to not be removed after a proper DMCA notice.The court did not render an immediate decision and is expected to post its verdict in a few weeks.

2: Porn BitTorrent Litigation Getting Trickier, Lawyer Says

Next up today, attorney James C. White, who represents adult film company K-Beech, has said that filing mass bittorrent lawsuits has gotten trickier in large part due to cut-and-paste filings passed around bittorrent sites that oppose his motions. The lawsuits work by trying to enjoin thousands of defendants into a single suit for the purpose of discovery and then forcing ISPs to turn over customer information. Many of the defendants have used these filings to fight that process in a bid to make litigation more difficult and expensive. White also noted that, in such lawsuits, between 35-55 settle very early in the litigation process.

3: West Yorkshire Police Accused Of Copyright Theft

Finally today, in the UK, the West Yorkshire police department have been sued for allegedly infringing the copyright of a software developer when building their own forensic application. Forensic Telecommunications services (FTS) alleges the department used software it develops to get data off of mobile phones for evidence-gathering in creating their own version of the tool. FTS even said that the department included mistakes that were made in their original, proving that the departments version, originally called CLIVE and then renamed OLIVE, was a copi. The West Yorkshire Police have denied this allegation.

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: Wyden Questions Legality Of ACTA

First off today, Senator Ron Wyden, a Democrat from Oregon and the chair of the Senate Finance Committee’s International Trade Subcommittee, is questioning the legality of ACTA treaty. Specifically of interest to Wyden is that the treaty was signed as a “sole executive agreement”, meaning that it doesn’t change U.S. law and does not need Congressional approval. However, according to Wyden, even if the treaty does not change U.S. law, copyright is under the purview of Congress in the constitution, meaning that the treaty can’t be entered into without Congressional approval. The treaty is an attempt to harmonize anti-piracy efforts between many countries including U.S., Japan, Australia and the EU, the latter of which has not signed the treaty as of yet but was involved in the negotiations.

2: Massive Fine in Denmark’s First Ever ‘Sampling’ Copyright Case

Next up today, the elctro band Djuma Soundsystem is in some legal hot water as a court in their native Denmark ruled the group owes 747,182.82 kroner (approx $130,000) for their sampling of a ten second loop. The lawsuit stems from the group’s 2003 song “Les Djinns” which looped a ten second clip from a song entitled “Turkish Showbiz’ by Atilla Engin. The group lied to their label and said there were no samples in the song, which was released and sold 150 copies. However, when the band wanted to re-release the track after switching labels, they tried to clear the sample but, after attempts to work out an agreement failed, the band was sued, prompting this recent judgment. Djuma Soundsystem has said they plan to appeal the verdict, admitting they owe money to the rightsholders but believe the verdict is much too high.

3: Undercover Cops and Politicians Escape BitTorrent Lawsuits

Finally today, a filing by an attorney seeking to push through a massive bittorrent lawsuit on behalf of an adult content provider has filed a pleading that sheds light on how IP addresses are converted into settlements or individual lawsuits. The filing, which aims to show why it’s legal and necessary to bundle so many “John Doe” lawsuits into one suit. According to the filing, many of the individuals are dropped from the suit including undercover police, those who have died, prominent figures and those operating public hotspots where finding an individual defendant is almost impossible. However, it remains unlikely that these arguments will have much sway in the case, as they aren’t necessarily legal arguments for joining together so many lawsuits.

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.

It’s Friday and that means it’s time for another episode of the Copyright 2.0 Show!

It was a crazy week for copyright news and, to keep this show under an hour, we had to cut out a lot of good and important stories. However, what’s left behind is a collection of the most important and most interesting pieces of copyright news.

We have a ruling on Joel Tenenbaum’s appeal, an important update on the Google Book Search case and another possible nail in Righthaven’s coffin, just to name a few. We also have a major political reversal in the UK and a potentially large Pirate Party victory in Germany.

All in all, this is one episode you don’t want to miss.

This week’s stories include:

• Tenenbaum Loses Appeal, Original Damages Stay in Effect
• Google, Publishers and Authors Get More Time in Book Search Case
• Righthaven Faces an Asset Seizure
• SAP Settles Criminal Complaint in Oracle Case for $20 million
• German Pirate Party Wins Big in Berlin’s Local Election
• 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.

While that would be a reassuring statistic, her very next paragraph seems to counter it, “I know everyone has a horror story, and I’ve heard many of them. And yes I have even had my art used (by the average clueless person) and I’m still alive.”

Instead of looking at actual copyright infringement numbers, to get her statistic, Harper looks at the number of lawsuits filed versus the number of registrations that have been filed. Unfortunately, these numbers don’t cover the cases of copyright infringement resolved out of court including via DMCA notice, cease and desist letter and generally asking them nicely to stop. It also doesn’t cover the cases where no action was taken at all.

In my experience, for every case of copyright infringement that results in any kind of a lawsuit, thousands, if not tens of thousands, are dealt with via other means. For every case dealt with, thousands, if not tens of thousands more go untouched.

So, instead of simply saying “art stolen” the sentence should, ideally, read “If you have registered your copyright you are more likely to be killed in a car wreck or by a firearm than to ever file suit using that registration.” That, in turn, is very likely true.

While that seems to be less eye-catching, it does point to a separate issue. The majority of people who obtain copyright registrations never use them, at least not in court. So why go through the time and expense of registering your works?

There are actually many reasons for that and here are just a few of the bigger ones to consider.

Copyright Registrations Help w/ All Infringements

In many ways, carrying around a timely-filed copyright registration is a lot like carrying a loaded gun (to borrow the handgun comparison). With the threat of ultra-high statutory damages lingering over any infringer, especially those with deep pockets, they are more interested in settling copyright disputes quickly and making sure that the person with the registration is happy.

For example, the stock photo industry has used their copyright registrations to procure thousand dollar plus settlements from infringers as part of their controversial campaign. Generally, businesses know that it is better to pay the $1,000 settlement cost than to risk being hit with statutory damages that could reach $150,000.

Without a copyright registration, any cease and desist letter carries significantly less weight. Anyone who knows copyright law will realize that threats of litigation are, more or less, meaningless.

In short, even if you never file suit using your copyright registration, you have a much bigger upper hand in any copyright disputes that do arise, regardless if they never make it to court.

Better Contract Negotiations

If you are interested in licensing your work to third parties, having a timely-filed copyright registration is also a huge help here.

Not only does having the state of mind to register your work show that you are serious about it and not someone to be trifled with, but, going back to the loaded gun idea, it shows that you are a threat if your negotiating partner attempts to do something unsavory.

With countless cases of artists having works stolen while they were trying to negotiate licenses for them, having a registration or having filed one before you go into negotiations lessens the likelihood of that happening because doing it carries severe consequences.

In that regard, having a registration actually makes you less likely to be infringed.

Proof of Authorship

Finally, it’s important to remember that there are two sides to every copyright dispute. You can, just as easily, find yourself on the defendant side of one, especially if someone mistakes your creation for an infringement.

However, a copyright registration can help in these cases too.

If someone sues you for copyright infringement, your copyright registration services as prima facie evidence of ownership, meaning that it is considered evidence “on its face” and that the other side has the burden of proof in disproving it.

If your registration came before their work, the case is a slam dunk. Even if it didn’t, the presence of the registration greatly supports your arguments and may help in negotiating a settlement.

While it won’t do you much good to register a blatantly infringing work, if there is a legitimate dispute over ownership of a copyrighted work, having your version of it registered can be of great value.

Bottom Line

Though I’m critical of Harper’s inflammatory (and incorrect as presented) statement, I do agree with what she’s trying to do, namely encourage artists paralyzed with fear of their work being stolen to stop being so afraid. It’s a noble cause and one I support, though I prefer to educate artists on how to respond to infringement and on the simple truth that most infringement is, by itself, not that harmful.

Artists shouldn’t be prevented from creating art by the fear of being infringed, that doesn’t make sense when the law so clearly protects you. On that front, one of those key legal protections, in the U.S. at least, is copyright registraton and it is a powerful tool that can help you even if you never plan on suing.

That being said, you probably shouldn’t bother registering your work unless you are ready to sue. You might never need to and probably won’t, but much like carrying a loaded weapon (going back to that analogy once more). If you are going to carry it, you need to be prepared for the possibility you will have to use it. To do so otherwise is simply irresponsible.

As with anything in life, a copyright registration brings both rights and responsibilities so you should be ready for both before you send that registration off.

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

1: European ISPs Could Block Copyright Infringing Material

First off today the European Commission, the governing body of the EU, has released a new Intellectual Property Rights Strategy (IPRS) that will requires ISPs in the bloc to cooperate with copyright holders and, assumedly, help filter out copyright infringing sites. However, the measure is due to be reviewed in the spring of 2012, hinting that there may be changes for it on the horizon.

2: MGA Seeks $339 Million in Damages, Fees From Mattel for Bratz Doll Suit

Next up today, the seesaw battle between MGA, the makers of the Bratz doll line, and Mattel, the makers of Barbie, may be taking another turn. MGA, who after an initial defeat at the district court won on appeal and on retrial, is asking the judge in the case to grant them a total of $339 in damages and attorney fees. The figure includes some $177 million in punitive damages, $129.7 million in attorneys fees, and $32.4 million in costs. Mattel is asking the judge to throw out the (second) jury verdict and is also asking that the attorney fees be stricken as the copyright claims they brought were, according to them, “objectively reasonable”. A hearing on these damages and Mattel’s counter arguments was due to he held today but has been postponed to tomorrow.

3: Nude Nuns Mass BitTorrent Lawsuit Killed, Clone Lives On

Finally today, one of two dueling lawsuits targeting bittorrent file sharers of the move “Nude Nuns with Big Guns” has been dropped. The lawsuit brought by Camelot Distribution Group was dropped however, an identical lawsuit filed by Incentive Capital of Utah is ongoing. Though Camelot did not say why it dropped the suit, there were questions raised about its ownership of the film after Incentive claimed to have received the rights to the movie after foreclosing on a loan it had given Camelot. The Incentive lawsuit is continuing but the company said that they are exploring their options regarding pushing it forward.

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: Hollywood Sues Zediva for Copyright Infringement

First off today, the MPAA, on behalf of member studios, has filed suit against Silicon Valley startup Zediva, claiming that the music streaming service is violating the copyright of the movies is plays. Zediva, unlike other movie streaming services, works by having users rent DVDs and DVD players, which physically exist in Zediva’s datacenter. This means Zediva legally purchases DVDs to stream and only one person is viewing a DVD at a time. According to Zediva, since no copies are being made, they are allowed to stream in this matter, no different than DVD rental service, but the MPAA claims that Zediva is an infringement and an unlawful public performance of their work.

2: Joel Tenebaum File-Sharing Case Heard at Court of Appeal

Next up today Joel Tenebaum, who was sued in 2005 for file sharing and was found liable in a district court, has had his cases heard before the 1st Circuit Court of Appeals. At issue is the amount of damages Tenebaum should be forced to pay for his admitted file sharing, the lower court deciding he should pay $67,500. The judges on the panel asked tough questions of both sides, including getting concessions from the defendants that statutory damages are not unconstitutional on their own and asking the plaintiffs why Tenebaum should be held liable for the sharing activities of others. A decision in the case is not expected for many months.

3: EU’s New Copyright Leader Doesn’t Believe Private Copying Should Exist

Finally today, the European Union recently confirmed Maria Martin-Prat will be taking over the intellectual property unit at the EU. Martin-Prat most recently was working for the International Federation of the Phonographic Industry (IFPI), where she was in charge of the legal department. During her time there, she made many controversial arguments, including eliminating or strictly limiting personal copying exemptions, making her appointment one of contention for many, especially as she will be in charge of crucial treaty negotiations, including ACTA.

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: 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.