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

1: Jack Kirby Estate Files Appeal in Marvel Superhero Lawsuit

First off today, in a move that was widely expected, the heirs of Jack Kirby have filed an appeal to their recent loss against Marvel. The estate has been in a lengthy legal battle over the fate of several of Marvel’s best-known characters including Captain America, Spiderman and the X-Men among others. The characters were created by Kirby while he was working with Marvel but the heirs sought to terminate Marvel’s rights to them under the law but Marvel argued, successfully in the lower court, that the works did not qualify for termination as Kirby was an employee at the time and the creation were works for hire. There has been no response from Marvel about the appeal.

2: Martha Stewart Sued For Alleged Design Rip-Off

Next up today, Martha Stewart is being sued for copyright infringement by Gregory Beauchamp, a designer who had previously created an announcement for her magazine. According to Beauchamp, Stewart’s publication contacted him about creating a graphic for a “save the date” announcement in one of their 2010 publications. He obliged and the graphic ran as expected. However, he claims Stewart broke the law when she published a similar graphic in 2011 without credit or permission. Beauchamp is seeking unspecified damages, in addition to attorneys’ fees, court costs and interest.

3: A Village Person Tests the Copyright Law

Finally today, the previously predicted wave of copyright termination requests may have already begun. Earlier this year, Victor Willis, the original lead singer of the 70s group The Village People, filed to retake control of the copyright of the group’s hit “YMCA”. The current owners of the song, Scorpio Music, a French business, and Can’t Stop Productions, one of its American affiliates, claim that it was a work for hire and doesn’t qualify for termination, setting the stage for a legal battle that may impact hundreds of other artists from that era.

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.

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

It may be summer but it was a busy week for copyright news as courts hung around long enough to order the closure of DVD streaming service Zediva, give a big win to Marvel comics over Jack Kirby’s heirs and dismiss a slew of BitTorrent lawsuits.

We also have some big copyright law changes coming out of the UK and a very bizarre irony in the Google/Oracle spat over Java in Android.

All in all, this is an episode you do not want to miss.

This week’s stories include:

• Zediva Ordered to Close
• Jack Kirby’s Heirs Lose Appeal, Marvel Keeps Copyrights
• Perfect 10 Actually Has a Good Day in Court
• Thousands of BitTorrent Users Off the Hook, For Now
• UK to Revise Copyright Law
• And 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.

It is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.

It was a super-themed week for copyright news with many of the world’s biggest superheroes being at the center of one of the biggest, ongoing copyright cases. However, we also have news from the music industry as a photographer challenges a popular musician over a music video and even angels get involved at the center of a copyright dispute against CVS.

It’s definitely an episode you don’t want to miss, especially if you’re a fan of Iron Man…

This week’s stories include:

• Marvel Comics Wins Round Against Stan Lee Media
• Photographer Sues Rihanna Over Music Video
• CVS Sued for “Knockoff” Angels
• Whistleblower Says ACS:Law New Defendants Were Innocent
• Universal v. Lenz Case Takes A Strange Turn
• 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: Justin Bieber Swears Off YouTube For Facebook, Unwittingly Steps In Copyright Minefield

First off today, pop musician Justin Bieber swore off YouTube after he attempted to upload his new music video for the song “Pray” only to find his upload blocked at the request of his label UMG. This prompted Bieber to then upload the video to his Facebook page, which has different limitations on uploads, and tweet his frustrations, prompting a response from YouTube saying it was between him and his label. The song, which appeared officially on the VEVO channel, remains blocked in Bibers account though the two seem to have patched things up with Bieber saying that “@vevo and @youtube got me right now”, whatever that means.

2: Judge Issues Rulings in Estate’s Superhero Battle

Next up today, the judge in the ongoing dispute between Jack Kirby’s estate and Marvel has issued a ruling and the news is mixed for the company. Kirby’s estate, which filed some 45 copyright terminations for Kirby’s work at Marvel, which could impact the X-Men, Ironman and much more, avoided having its counterclaims thrown out, meaning the judge may still rule the terminations to be valid, but did lose its chance to force Marvel to account for how much money is at stake as the judge felt it was premature. The judge also ruled that Disney, which purchased Marvel shortly after the complaints were filed, will be a party to the lawsuit as they are in a position to exploit Marvel’s intellectual property.

3: China Cracks Down On Software Piracy

Finally today, in an attempt to crack down on software piracy, China has said that it will be auditing all computers in local and central governments to ensure that they are only using genuine software. This comes as the Business Software Alliance has estimated a growth in global piracy and pointed the finger at China, as well as Brazil and India, for much of the jump.

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: The Battle Continues: Kirby Estate Sues Marvel Over Copyright Termination and Profits

First off today, the fight between Jack Kirby’s estate and Marvel Comics is heating up as the estate has filed a suit against Marvel Comics seeking termination of Marvel’s copyright as well as profits. Jack Kirby was the creator of many of Marvel’s best know characters including Iron Man, X-Men and the Incredible Hulk but his estate is attempting to revoke Marvel’s rights to those works and have them revert back to the estate, as allowed under current copyright law. However, Marvel is claiming that the works were made for hire and they are the sole copyright holders in the works. Kirby’s estate filed 45 notices of termination in 2009, paving the way for this fight.

2: Chinese Writers Body Urges Google to Keep Promise on Copyright Issue

Next up today, the Chinese Writers Association (CWA) is pressuring Google to make good on its settlement for scanning some 8,000 books written by its members. Google had agreed to “provide a satisfying solution to the issue” previously but now Google is preparing to withdraw from the Chinese market after a series of cyberattacks from within the country targeted the company, leaving this promise in limbo.

3: Wait, Pirates! That Cross Days Download is a Trap!

Finally today, people who pirated the adult Japanese game “Cross Days” were in for a nasty surprise as a trojan/virus was sent with many pirated versions of the game released on P2P networks. The trojan has the user fill out a lengthy survey, with a great deal of personal information (under the guise of a player survey, and then posts the information online. The information can only be removed, but only if the user admits to having downloaded the game illegally. Even sneakier, this entire process is explained in the installers, TOS, which few seem to have read.

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.

1: DOJ Says Google Copyright Book Settlement Not Appropriate

First off today, the Google Book Search settlement, which would give Google the ability to scan and display out of print but in-copyright books on their site has made yet another powerful enemy for itself, the U.S. Department of Justice.

In a briefing filed with the court late last week, the DOJ said that the settlement “raises significant legal concerns”, especially in terms of copyright and anti-trust issues. Saying that the settlement seeks to create” forward-looking business arrangements” between Google, the Author’s Guild and the publishers involved in the original lawsuit, Furthermore, the DOJ does not believe that the lawsuit can adequately represent those who were not directly apart of the settlement, though, if they failed to opt out, their works may be copied freely under it in certain cases.

Without a doubt, the DOJ, along with the Copyright Office, who filed their objections previously, are two of the biggest and most powerful forces to have opposed this case. But they join hosts of other companies, including Microsoft and Amazon, as well as other countries, including France and Germany, in opposing the settlement, making it much less likely to be approved.

2: Heirs File Claims to Marvel Heroes

Next up today, heirs to Jack Kirby, who partnered with Stan lee in the creation of many of Marvel’s most popular heroes, have filed papers to have the copyright in many of his creations returned to the estate. Under current law, creators can seek to have the copyright of their creations returned to them after fifty-six years and can file an intention 10 years prior to that.

Kirby’s works include The Fantastic Four, The Hulk and X-Men, which will be available for transfer in 2017, 2018 and 2019 respectively.

This comes shortly after Marvel was purchased by Disney for $4 billion in one of the largest and most highly-publicized sales of its kind.

3: Jammie Thomas Lawyers File Suit Against Scribd

Finally today, Elaine Scott has filed suit against the document-sharing site Scribd claiming that the site enabled her book, “Stocks and Bonds: Profits and Losses, A Quick Look at Financial Markets” to be downloaded repeatedly. According to the suit, Scribd doesn’t qualify for DMCA safe harbor protection due to the nature of their site, something Scribd denies, and the site “shamelessly profits from the stolen copyrighted works of innumerable authors.”

However, the real story is not the suit itself, even though it is seeking class action status, but rather the attorneys behind it: Joe Sibley and Kiwi Camara. The two famously defended Jammie Thomas when she was sued by the RIAA, which they lost the district court retrial to the tune of $1.9 million. That case is still ongoing.

Though there is nothing unusual about attorneys arguing both sides of the copyright coin, given Camara’s standing in the anti-RIAA world, it certainly seems to be an odd case for his firm to take. The two had promised to take up cases for copyright holders if they “believed in the issue”, this apparently being a case they feel strongly enough about to take.

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.

As usual, I sat down with Chris Matthieu from Numly to discuss the past week in copyright news, views and abuse.

All totaled, the show had fifteen stories, including the following:

• France To Start Cutting Access for Downloaders
• Marvel and DC Comics Unite Their Powers
• Bittorrent Trackers Say Goodbye to LeaseWeb
• Mark Cuban Wants to Block File Sharers
• Anti-Pirate Organization Allegedly Plagiarizes from a “Pirate” blog
• And Many 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

[audio:http://media.libsyn.com/media/plagiarismtoday/copyright20eps34.mp3]