3 Count: Not-So Freeplay

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1: Freeplay Sues CNN Over Music Used in News Reports

First off today, Chris Cooke at Complete Music Update reports that the music production company Freeplay music has filed a lawsuit against CNN, alleging that the news organization used their music in news segments without a license.

According to Freeplay, CNN used music it owns on at least 283 segments internationally without permission or a license from the company. As such, they are seeking some $17 million in damages, saying that only a high damage award will send the needed message.

Freeplay has previously sued Ford over the use of their music in various promotional videos. ThFord argued that Freeplay’s name and marketing were deliberately confusing, but ultimately opted to settle the case.

2: UK Judge Delivers Mixed Ruling on Copyright Infringement in the Famous Love Story that Inspired Doctor Zhivago

Next up today, Hebah Berhan at IPWatchdog reports that a UK high court has issued a mixed ruling in an ongoing case over the love story that inspired the book Doctor Zhivago.

The case was filed by author Anna Pasternak, the author of the book Lara: The Untold Love Story That Inspired Doctor Zhivago (Lara) against the defendant Lara Prescott, who penned the book The Secrets We Kept (TSWK). Both books are non-fiction examinations of the story that inspired the book Doctor Zhivago, though Pasternak alleges that Prescott copied a significant portion of her selection, structure and arrangement in seven chapters from TSWK.

A judge in the case has ruled that, while the order and selection of events can be protected by copyright, that TSWK did not copy those elements from Lara and, instead, took them from primary sources. However, the judge ruled in favor of Pasternak regarding several translated passages that she alleged were copied. The judge noted that, while Prescott did make some modifications to the translation, the changes were not enough to avoid copyright infringement.

3: NitroTV Hit with $51m Piracy Damages

Finally today, Colin Mann at Advanced Television reports that a federal court has ordered pirate IPTV service NitroTV to pay some $51.6 million in damages to members of the Alliance for Creativity and Entertainment (ACE).

NitroTV was a service that provided illegal access to a variety of streaming services and channels. Headed by Alex Gallindo, the judge ruled that the infringement was willful, setting up a potentially hefty damage award. This was furthered by allegations that Gallindo deliberately destroyed evidence and flouted multiple court orders.

The judge in the case issues the maximum damages allowable under the law, $150,000 for each of the 344 film and TV works at issue. ACE applauded the ruling, saying that it, “underscores the direct and serious harm that piracy operations inflict on the legal marketplace.”

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