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Constitutional Law Copyright Law

Defense Dep’t Says US Gov’t Not Guantanamo Detainees Own Art Detainees Created

The Dept of Defense changed a policy this month affecting the 41 remaining detainees at Guantanamo Bay Naval Base, known as Gitmo. The DOD ruled that detainees did not possess the artwork they created while detained and could not display it publicly or sell it. Art classes started at Gitmo “in the later years of […]

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Constitutional Law Copyright Law Intellectual Property Litigation

Troll Lawyer Denied Attorney’s Fees in Copyright Lawsuit

In an important decision from the Federal Court for the District of Oregon, a court has denied attorney’s fees to a successful copyright litigant because the court ruled that in this instance the award did not further the purposes of the Copyright Act. The lawsuit involves the pervasive litigation filed by porn companies against folks […]

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Copyright Law Intellectual Property

New Copyright Regs Could Screw Website Owners: Seriously, Beware!

From the Electronic Frontier Foundation comes this news: Under a new rule from the Copyright Office, website owners could be exposed to massive risk of copyright liability simply for neglecting to submit an online form on time. The rule could eliminate the safe harbor status that thousands of websites receive under the Digital Millennium Copyright […]

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Constitutional Law Copyright Law

Can Posting a Spoiler Violate Copyright Law? AMC Says “Hell Yes!” and “We’ll Sue You If You Do!”

Everybody hates Internet spoilers. You know,those people who either binge-watch a fully-uploaded whole season before you get to Episode 3 or who feel the need to review the most recent episode of a weekly show immediately after it airs while you planned on watching it via your DVR two days later. Spoilers like that are […]

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Constitutional Law Copyright Law

Monkey Can See, Monkey Can Do, But Monkey Can’t Own

On Wednesday, a federal judge said the macaque who famously snapped a picture of himself cannot be declared the owner of the image’s copyright. The photo in question was taken in 2011 on the Indonesian island of Sulawesi, with a camera owned by nature photographer David Slater. But Slater didn’t trip the shutter: the macaque […]

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Constitutional Law Copyright Law

Plot Thickens in “Happy Birthday” Suit

Two years ago I reported here on a lawsuit filed by NY filmmaker Jennifer Nelson trying to strike Warner Music’s copyright in the song “Happy Birthday.” She had been filming a documentary about the song and was charged $1,500. by Warner to use the song in her film. She then filed her suit seeking return […]

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Constitutional Law Copyright Law Fashion Law Intellectual Property

Nike “Jumpman” Case Shows Difficulty With Copy-Cat Infringement Cases

A Federal Court in Oregon dismissed photographer Jacobus Rentmeester’s claim that Nike’s famous “Jumpman” infringed on his original photograph which inspired the logo. The case doesn’t really break new ground nor is it very controversial; the judge correctly applied the proper legal parameters in my opinion. I’m writing about it though because it’s the kind […]

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Copyright Law Entertainment Law

Copyright Lawsuit Filed Against Joss Whedon Over “Cabin In the Woods”

Filmmaker Joss Whedon is being sued for $10 million by a writer who claims they stole his idea for the hit horror film Cabin in the Woods. Writer Peter Gallagher has filed the lawsuit against the Avengers director and his co-writer/director Drew Goddard. In his lawsuit filed this week in Federal Court in California, the […]

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Constitutional Law Copyright Law Intellectual Property Litigation

Georgia Supreme Court Rules That Internet Posts About Someone Don’t Constitute “Stalking”

The Supreme Court of Georgia unanimously overturned a lower court’s permanent protective order against a Columbus, Georgia businessman named Matthew Chan; Chan had been hit with the order back in 2013 when a woman named Linda Ellis claimed she feared for her safety after reading 9 posts on Chan’s website, called ExtortionLetterInfo.com (“ELI”). [Disclaimer: Since […]