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In this Episode:
- Ed Sullivan intro of Jersey Boys is fair use
- Kirtsaeng – First Sale has extraterritorial effect
- Sherlock Holmes copyright questions
- and more…
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Appeals Court: ‘Ed Sullivan’ Clip in ‘Jersey Boys’ is Fair Use:
(Last discussed in ELU 013, August 2010)
Sofa Entertainment, Inc. v. Dodger Prod. – 9th Circuit decision for Dodger Prod. – March 11, 2013
Appellate Court Clears Veoh in UMG Copyright Suit:
(Last discussed in ELU032, July 2012)
UMG Recordings v. Veoh – 9th Circuit decision for Veoh – March 14, 2012 – superseding opinion
Supreme Court upholds first-sale doctrine in textbook resale case:
Kirtsaeng v. John Wiley & Sons – U.S. Supreme Court decision for Kirtsaeng – March 19, 2013
Judge Bans Airing of Lifetime TV’s Chris Porco Movie, Injunction Stayed by Appeals Court:
Christopher Porco v. Lifetime – Appeal to NY Supreme Ct., Appellate Division – March 20, 2013
Current paparazzi cases/issues:
Text of the Bill:
California Judge Shoots Down Challenge to Talent Agencies Act:
(They plan to appeal – see press release pasted in this doc) – https://docs.google.com/document/d/1dcYiiAS4f7oEcv6guxJl4uPYxR49C_MNBzvNtsC9yQk/edit?usp=sharing
National Conference of Personal Managers, Inc. v. Edmund G. Brown, Jr – Nov. 9, 2012 – Central District of California
Is Sherlock Holmes Still in Copyright?:
Klinger v. Conan Doyle Estate – Complaint for Declaratory Judgment in N.D. Illinois – February 14, 2013
“Zorro” Rights Challenged as Invalid and Fraudulent:
Cabell v. Zorro Productions – March 13, 2013 – Western District of Washington
“Oz” Evades Copyright Concerns:
Stories we mentioned, but didn’t discuss
Suit over hiring of Michael Jackson doctor to go to trial:
Katherine Jackson v. AEG – L.A. Superior Court dismissal of all but one claim – Ongoing
- AEG Live (concert promoter) was promoting MJ’s comeback tour, “This Is It”
- MJ was struggling making it to rehearsals and preparing for the tour, so Dr. Conrad Murray was hired to care for MJ and make sure he was present and alert for preparations
- MJ died after Murray administered lethal dose of anesthetic propofol (which was intended to help MJ sleep)
Civil Suit (Katherine Jackson et al v. AEG Live et al.):
- MJ’s mother brought suit against concert promoter AEG Live, claiming AEG negligently hired and supervised cardiologist Conrad Murray
- Plaintiff argues that AEG controlled Murray’s actions and failed to properly investigate him before agreeing to hire him (for $150,000 per month)
- Claimed that if AEG had investigated Murray, they would have discovered debt problems, which would have been a red flag. Plaintiff claims this financial status created a serious conflict between his responsibility to Jackson and his own financial well-being.
- Defense argues that Murray was not employed by AEG, but rather was employed by MJ
Status of Lawsuit:
- Superior Court dismissed claims that AEG could be liable for Murray’s misconduct and breach of duty of care
- Superior Court sends to trial claim that AEG negligently hired Murray
“Real Calvin And Hobbes” Shut Down By Copyright Claim:
- Michael Den Beste ran a blog called Real Calvin and Hobbes, in which he would take scenes from the classic comic strip Calvin & Hobbes and place the characters in “real photographs.”
- Calvin & Hobbes’ publisher, Andrews McMeel Universal, responded with a takedown notice, claiming the works were infringing.
- “This is no reflection on the artistic merit of what you’ve done and certainly not a personal condemnation of the pieces you’ve created.
We’re protective of the copyright for a variety of reasons, most importantly it is the express and unwavering wish of the creator that any use of Calvin and Hobbes was limited to work he’d created and in very specific formats.”
- Den Beste has since complied with the takedown request. But he may have a decent fair use claim should he choose to pursue it. The primary issue would be whether replacing the backdrop for the characters adequately transforms the original.
- But in Lee v. Deck the Walls, the 7th Circuit found that cropping images and placing them on ceramic tile was not transformative enough to render fair use.
- Another crux would be the amount of work used. Den Beste used only a small percentage of each strip. However, this material was also the focal point of each strip.
- In Harper & Row, this was the reason the Supreme Court found that a mere 300 words taken from a book several hundred pages long was not fair use. (The Nation had taken a small sampling from Gerald Ford’s biography, but this was seen by the court as the “heart” of the original work)
Animated Calvin & Hobbes:
- A few animated versions of Calvin & Hobbes comic strips have sprung up on YouTube
- These are just two of them, there are others
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