Fair Use

Appeals Court: DVD-Copying Kaleidescape Device Illegal

Authored by Mark Hefflinger on August 13, 2009 - 3:35am.
San Jose, Calif. - A federal appeals court has overturned a favorable ruling for Kaleidescape, a maker of high-capacity DVD home video servers, and ordered a lower court to make another determination on whether the devices violate a license for the studios' DVD encryption technology. The 6th District Court of Appeal ruled in favor of the DVD Copy Control Association (DVD CCA), a standards body created by the Hollywood movie studios that own the encryption technology on DVDs, which had argued that the Kaleidescape machine circumvents that encryption to copy DVDs to its server.

Judge Declares RealNetworks' DVD-Copying Software Illegal

Authored by Mark Hefflinger on August 12, 2009 - 11:48am.
San Francisco - A federal judge has ruled that RealNetworks' (NASD: RNWK) DVD-copying RealDVD software product violates the Digital Millennium Copyright Act (DMCA), and has banned its distribution. "This is a victory for the creators and producers of motion pictures and television shows and for the rule of law in our digital economy," said Motion Picture Association of America (MPAA) CEO Dan Glickman.

Judge Rejects 'Fair Use' Defense in Tenenbaum File-Sharing Case

Authored by Mark Hefflinger on July 27, 2009 - 9:43am.
Boston - U.S. District Judge Nancy Gertner has rejected an accused file-swappers motion to argue 'fair use' of the copyrighted songs he allegedly shared on a peer-to-peer network, according to the Recording Industry vs. The People blog.

McCain, GOP Apologize for Use of Jackson Browne Song

Authored by Mark Hefflinger on July 21, 2009 - 10:19am.
Santa Monica, Calif. - Singer-songwriter Jackson Browne has settled a lawsuit he filed against the Ohio Republican Party, the Republican National Committee (RNC) and Senator John McCain over the use of his song "Running On Empty" without permission in a campaign ad. "We apologize that a portion of the Jackson Browne song 'Running On Empty' was used without permission," reads a statement from McCain and the other defendants.

MediaSentry Evidence In, 'Fair Use' Defense Out in P2P Case

Authored by Mark Hefflinger on June 11, 2009 - 12:16pm.
Duluth, Minn. - A federal judge has denied accused file-swapper Jammie Thomas' request to disallow evidence from MediaSentry, the firm hired by record labels to track activity on file-sharing networks and gather evidence on suspected copyright infringers, CNET News.com reported.

RealNetworks CEO Testifies in RealDVD Disc-Copying Case

Authored by Mark Hefflinger on April 29, 2009 - 8:18am.
San Francisco - The CEO of RealNetworks (NASD: RNWK) testified in federal court on Tuesday that his company's RealDVD disc-copying software does not facilitate piracy, and that consumers have a legal right to back-up their movie collections, according to published reports. The Motion Picture Association of America (MPAA) sued the company for copyright infringement and violation of the Digital Millennium Copyright Act, arguing that the $30 software circumvents the CSS encryption on DVD discs.

Don Henley Sues Republican Over Songs in Campaign Videos

Authored by Mark Hefflinger on April 20, 2009 - 9:41am.
San Bruno, Calif. - Musician Don Henley, a member of the Eagles, has filed a copyright infringement suit against Charles DeVore, a Republican running for the U.S. Senate in California, for using his songs in campaign videos without permission, CNET News.com reported.

Warner Music Targets User-Generated Videos on Vimeo

Authored by Mark Hefflinger on April 7, 2009 - 12:59pm.
San Francisco - Warner Music Group (NYSE: WMG) has expanded its campaign to rid user-generated videos of its copyrighted music beyond YouTube (NASD: GOOG) to Vimeo, where the wife of a ZDNet columnist saw her video slideshow of friends drinking removed under a Digital Millennium Copyright Act (DMCA) takedown notice. The reporter believes the music in the video to be a "fair use" of Warner's content. The Electronic Frontier Foundation (EFF) noted that a recent court ruling stipulated that copyright owners must consider fair use before sending DMCA takedown notices, or face charges of misrepresentation under the DMCA.

Associated Press Plans to Pursue News Aggregation Sites

Authored by Mark Hefflinger on April 7, 2009 - 12:00pm.
Mountain View, Calif. - The Associated Press plans to aggressively pursue websites that feature its news content without the proper licenses, the organization's board announced on Monday. "We can no longer stand by and watch others walk off with our work under some very misguided, unfounded legal theories," AP chairman Dean Singleton said at the meeting, according to an AP story.

Case Against McCain Over Use of Browne Song Advances

Authored by Mark Hefflinger on February 24, 2009 - 11:27am.
Los Angeles - Sen. John McCain (R-Ariz.) has lost a bid to have his name removed from a lawsuit filed by songwriter Jackson Browne against him and the Republican National Committee, over their use of Browne's song "Running on Empty" in a presidential campaign ad. U.S. District Court Judge R. Gary Klausner said that, despite McCain's contention that he had no involvement in developing the ad, and had not even seen it before the lawsuit, "once an agency relationship is established, the principal is liable for the acts of her agent, even if the principal does not expressly authorize or instruct her agent to take any action."

McCain Campaign Claims "Fair Use" of Jackson Browne Song

Authored by Mark Hefflinger on November 20, 2008 - 11:54am.

Los Angeles - Sen. John McCain's presidential campaign has responded to a lawsuit from singer Jackson Browne, alleging copyright infringement for unauthorized use of his song "Running on Empty" in a campaign ad, by making a claim of "fair use," Wired.com reports.

Google Appeals German Image Search Copyright Rulings

Authored by Mark Hefflinger on October 16, 2008 - 9:40am.

Berlin - Google (NASD: GOOG) has appealed a pair of court losses in Germany that found that its Image Search service, which indexes thumbnail images of pictures from across the Web, violates the image owners' copyrights, the Associated Press reported.

YouTube Rejects McCain Request on Removed Videos

Authored by Mark Hefflinger on October 15, 2008 - 8:56am.

San Bruno, Calif. - Google's (NASD: GOOG) YouTube has rejected a request from the McCain presidential campaign for a more thorough legal review of copyright takedown requests made on campaign videos it has posted to the site, CNET News.com reports. The McCain campaign yesterday sent a letter to YouTube, complaining that several of its videos were taken down after copyright owners complained of infringements in the videos -- which the McCain campaign contends made "fair use" of the copyrighted materials.

Google Loses German Copyright Lawsuits Over Image Thumbnails

Authored by Mark Hefflinger on October 14, 2008 - 10:18am.

Hamburg, Germany - Google (NASD: GOOG) has lost two copyright lawsuits in Germany, where courts have ruled that the thumbnails of larger images the company creates for its Image Search engine violate copyrights, Bloomberg reported.

Yoko Ono, EMI Withdraw Copyright Suit Against Filmmakers

Authored by Mark Hefflinger on October 7, 2008 - 8:17am.

Stanford, Calif. - Major record label EMI and recording artist Yoko Ono have withdrawn all copyright infringement claims against Premise Media, the producers of a documentary called "Expelled: No Intelligence Allowed" that uses a 15-second clip of a John Lennon song.

Web Retailers Ask Court to Declare 30-Second Samples 'Fair Use'

Authored by Mark Hefflinger on September 19, 2008 - 9:00am.

Washington - The Digital Media Association (DiMA), a trade group that represents webcasters and online retailers like Apple and Amazon, on Friday asked a federal court to rule that online retailers' use of 30-second music preview clips are "fair use," and not subject to royalty payments.

Judge: "Harry Potter Lexicon" Infringes Rowling's Copyrights

Authored by Mark Hefflinger on September 8, 2008 - 12:09pm.
New York - A federal judge on Monday sided with J.K. Rowling in a copyright suit filed by the "Harry Potter" author and Warner Bros. Entertainment (NYSE: TWX) against the creator of the "Harry Potter Lexicon," an online encyclopedia related to the novels that was due to be published in print form, the Associated Press reports. "I took no pleasure at all in bringing legal action and am delighted that this issue has been resolved favourably," Rowling said in a statement.

Judge: Copyright Owners Must Weigh "Fair Use" in Complaints

Authored by Mark Hefflinger on August 21, 2008 - 9:45am.

Los Angeles - A federal judge ruled on Wednesday that copyright holders must consider the potential "fair use" of their works before sending copyright takedown notices to online video sites. "In order for a copyright owner to proceed under the DMCA with 'a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,' the owner must evaluate whether the material makes fair use of the copyright," U.S. District Judge Jeremy Fogel wrote, in his ruling.

tags: Video | Law | Lawsuits | Music | DMCA | Copyright | Fair Use | EFF |

Facing Lawsuit, Redlasso Suspends Web Video Clip Service

Authored by Mark Hefflinger on July 25, 2008 - 8:56am.

King of Prussia, Pa. - Days after being served a copyright infringement lawsuit by broadcasters NBC (NYSE: GE) and Fox News (NYSE: NWS), Web video clipping service Redlasso announced on Friday that it will suspend access to its clipping service. "We believe we have always acted within the law and have been respectful of the networks rights. Unfortunately, they have forced our hand and are denying the blogging community access to the Redlasso platform that beneficially tracks the usage of newsworthy clips across the Web," said Ken Hayward, CEO of Redlasso.

NBC Universal, Fox Sue Web Video Clip Service Redlasso

Authored by Mark Hefflinger on July 24, 2008 - 9:45am.

New York - NBC Universal (NYSE: GE) and News Corp.'s (NYSE: NWS) Fox News Channel and Fox Television Stations have filed a copyright infringement lawsuit against Redlasso, an online service that offers clips of news broadcasts and other video and audio content to bloggers for republishing online, The Wall Street Journal reported.