Copyright 2.0 Show – Episode 288 – Creative Lawsuits


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

Sometimes a lawsuit is more than a lawsuit, it’s a work of art, a stroke of genius, a moment of radical clarity. Sometimes, it’s not what one sues over, but how they file the suit, that can change the world

This week we talk about two such cases including a lawsuit with the ability to free “Happy Birthday to You” and another that seeks damages not just for an infringement of a photo, but for all of the infringements that followed.

However, we also have a cautionary tale of creativity backfiring as now Pandora is facing a lawsuit from BMI after it bought a terrestrial radio station.

We also have an update on the fate of some of Megaupload’s servers and France’s “three strikes” regime and much, much more!

All in all, this is one episode of the podcast you definitely do not want to miss!

This week’s stories include:

  • Class Action Lawsuit Targets “Happy Birthday”
  • BuzzFeed Sued by Photographer
  • BMI to Sue Pandora Over License Fees
  • Megaupload Data Wiped in Europe
  • Dreamworks and Netflix Reach a Content Deal
  • France Disconnects First File Sharer
  • Stephen King’s Print-Only Book Still Pirated

You can download the MP3 file here (1:03:23, 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 and a personal blog at



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  1. I know you guys talked about all sorts of copyright stuff, but you also talked about something Canadian and therefore I had to comment on it.

    The correct pronunciation of “poutine”, as bizarre as this may sound, is “poo-TIN” or in some cases “poo-TINH” (like the noise you make when you shrug your shoulders and say, “Inh, whatever.”) For some strange reason, the second syllable is emphasized. That’s not on Patrick, though…Qu‚becois French is a rather unique beast with some odd idiosyncracies.

  2. No problem, Patrick. I was trying to look for a nice way to point this out, as opposed to my usual tactless brutality. Sounds like I got it.

    By the way, Jonathan, I’m trying to find something on PT and can’t for the life of me. You wrote an article explaining why those generic “you can’t steal my stuff, Facebook” posts that people put on their walls don’t supercede the Facebook ToS, and I can’t remember what it was called or where it is. I’m starting to see those things pop up again, so I’d like to be able to share your article with those people (and to draw more traffic to PT and its smorgasbord of copyright wisdom). What’s the link again?