3 Count: Snapping Turtle

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1: Rock band wins again in copyright battle against Sirius XM

First off today, Jonathan Stempel at Reuters reports that The Turtles have won another victory against Sirius XM on the issue of pre-1972 sound recordings, making it the third setback that Sirius has faced on this issue.

Two members of the 60s band The Turtles sued Sirius claiming that the company, on its satellite radio service, was not paying royalties for the use of their music. However, since pre-1972 sound recordings fall under state, rather than federal copyright protection, Sirius claimed that public performance was not a right under state law, even as the Turtles sued in three separate states.

However, a New York court followed a California court in ruling against a summary judgment in favor of Sirius, setting up the matter for a possible trial. Sirius has promised to appeal both decisions, which could have a serious impact on services that stream music across the country.

2: Court Places Tough Limits on Dotcom’s Movements

Next up today, Hamish FLetcher at The New Zealand Herald reports that Kim Dotcom is facing tougher restrictions on his bail and may have it revoked completely at a hearing next week.

Dotcom, who lives in New Zealand, was arrested in January 2012 and is facing possible extradition to the United States for operating the file sharing site Megaupload, which was shuttered in the raid. Dotcom’s hearing has been repeatedly delayed and was just delayed again after his lawyers backed out, pushing it back to mid-2015.

In the meantime though, Dotcom is out on bail. However, the prosecutor in the case recently made an application to revoke that bail due to a series of violations. There is to be a hearing on it next week but, until then, Dotcom can not travel via helicopter, boat or go anywhere beyond 80 KM of his home. He also must check in with a local police station every day.

3: Gawker’s Hulk Hogan Sex Tape Story Is Turning Out to Be a Very Expensive One

Finally today, Eriq Gardner at The Hollywood Reporter Esquire reports that, even though Gawker media has been successful in overturning an injunction against them over the Hulk Hogan sex tape, they may be stuck with over $600,000 in legal bills that their insurance will not cover.

In 2012 the gossip site posted a an edited one minute clip of a sex tape featuring Hulk Hogan, who claims that the video was taken without his knowledge and consent. He sued Gawker seeking an injunction, arguing that the video violated his copyright (he had been assigned copyright in the work later), privacy and and other types of injury.

Though a judge initially granted an injunction, that was eventually overturned, but now Gakwer is asking its insurance to cover its legal bills, totaling more than $600,000. However, the insurance company is refusing to pay. According to it, Gawker deliberately published the video and their insurance only covers accidents. Also, since Hogan was not seeking damages, only an injunction, they argue that there was no personal harm or injury as defined by their contract.


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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