Lil Nas X Takes His Horse to the Old Town Road and Moves to Dismiss Producers’ Copyright Infringement Action Concerning “Rodeo”

26 03 2020

LexBlog
Josh H. Escovedo
February 13, 2020

Lil Nas X broke onto the scene in spectacular fashion when he released the viral sensation “Old Town Road,” featuring Billy Ray Cyrus. Old Town Road broke the prior record for most consecutive weeks at No. 1 on the Billboard Hot 100 charts and eventually resulted in Lil Nas X receiving a Grammy award. Unfortunately, fortune and fame comes with its share of problems.

Lil Nas X was sued by producers Don Lee and Glen Keith (the “Producers”) in October 2019 for allegedly infringing their copyrighted material with his track “Rodeo.” According to the Producers, Rodeo bears a substantial similarity to their 2017 song “GwenXdonlee4-142[,]” which was subsequently incorporated into a song called “Broad Day” by PuertoReefa and Sakrite Duexe. Specifically, the lawsuit claims that there are substantial similarities between the chord progression, use of instruments, drumbeats, and other protectable characteristics from “GwenXdonlee4-142” and “Broad Day.” According to the Producers, the song was widely distributed in locations including Lil Nas X’s

Lil Nas X’s legal team responded to the lawsuit last week by filing a motion to dismiss.

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The content in this post was found at https://www.lexblog.com/2020/02/13/lil-nas-x-takes-his-horse-to-the-old-town-road-and-moves-to-dismiss-producers-copyright-infringement-action-concerning-rodeo/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Senate IP Subcommittee Kicks Off Year-Long Review of Digital Millennium Copyright Act

26 03 2020
IP Watchdog
Eileen McDermott
February 13, 2020
Senator Thom Tillis (R-NC) and Senator Chris Coons (D-DE) this week held the first in a series of eight tentative hearings scheduled for this year on the topic of updating and modernizing the U.S. Digital Millennium Copyright Act. Tillis’ goal is to address changes to the internet since the DMCA was passed in 1998, and by December 2020 to release the text of a draft reform bill for stakeholder comment. Senator Coons pointed out that the IP Subcommittee has been the most active subcommittee on the Senate Judiciary Committee, and Tillis said that the process will take place in the same vein as last year’s patent eligibility hearings, which involved gathering extensive input from a variety of stakeholders.

The content in this post was found at https://www.ipwatchdog.com/2020/02/13/senate-ip-subcommittee-kicks-off-year-long-review-digital-millennium-copyright-act/id=118866/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com



Oracle Files Opening Brief at U.S. Supreme Court in Copyright Fight with Google

26 03 2020
IP Watchdog
Nancy Braman
February 14, 2020
In the latest stage of the Supreme Court battle between Oracle America, Inc. (Oracle) and Google, Oracle filed its opening brief with the Court on February 12. Google’s petition for a writ of certiorari was granted in November 2019 and asks the Court to consider: “1. Whether copyright protection extends to a software interface” and “2. Whether, as the jury found, petitioner’s use of a software interface in the context of creating a new computer program constitutes fair use.” The Court of Appeals for the Federal Circuit (CAFC) previously unanimously reversed a district court decision that held Oracle’s code as uncopyrightable, finding it well established that copyright protection for software programs can extend to both code and their structure or organization. Oracle is suing Google for $8.8 billion in lost revenue.
The content in this post was found at https://www.ipwatchdog.com/2020/02/14/oracle-files-opening-brief-u-s-supreme-court-copyright-fight-google/id=118895/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Supreme Court rules states are immune from copyright law

26 03 2020

ars technica
Timothy B. Lee
March 24, 2020

A state government that infringes someone’s copyright doesn’t have to worry about getting sued, the Supreme Court ruled on Monday. The high court held that federalism trumps copyright law, effectively giving states a free pass.

The case pitted a North Carolina videographer, Frederick Allen, against the state of North Carolina. The state was the legal owner of a famous shipwreck, the Queen Anne’s Revenge. It was the flagship of legendary pirate Blackbeard until it ran aground off the coast of North Carolina in 1718. A company discovered the wreck in 1996 and got a contract from the state to do recovery work. The company hired Allen to document those efforts with photos and videos.

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The content in this post was found at https://arstechnica.com/tech-policy/2020/03/supreme-court-rules-states-are-immune-from-copyright-law/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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WIPO and U.S. Copyright Office Team Up to Talk Copyright in the Age of AI

24 03 2020
IP Watchdog
Michelle Sara King
February 17, 2020
Earlier this month, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) held a joint event titled, “Copyright in the Age of Artificial Intelligence” (AI) at the Library of Congress in Washington, DC. The event explored how global copyright law and intellectual property law, as well as broader policy, may currently address AI technology, and included dialogue about changes that may be needed. Panelists also shared how AI is being utilized now and what future technology deployment and innovation may look like. The event was part of a series of conversations organized by the U.S, Copyright Office and WIPO both in the United States and Europe, with the next conversation scheduled for May 11 and 12 in Geneva, Switzerland. The summit illustrated that AI presents unique opportunities for innovation, assuming intellectual property rights are respected, but questions remain in several areas, including whether machine learning is producing “original” work and whether the product of such software is inherently reproductive, derivative or the result of a system or process devoid of human action.
The content in this post was found at https://www.ipwatchdog.com/2020/02/17/wipo-us-copyright-office-team-talk-copyright-age-ai/id=118958/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Nintendo Gets ‘Dreams’ Mario Taken Down Because Of Course It Did

24 03 2020

Tech Dirt
Timothy Geigner
Mar 23rd 2020

If you haven’t heard of the Playstation 4 title Dreams, it’s a fairly fascinating little game. The entire concept of the game revolves around creating. Art, music, game mechanics, and even entire new games are all able to be created within Dreams itself. As you might imagine, while players have spent much time creating brand new content within the platform, others have also reproduced existing video game content within it as well. This is a matter of tinkering, mostly, and reproducing known content just to see what the Dreams system can do.

And, because it’s video games, one of the most common reproductions in Dreams are models of Mario from Super Mario Bros. Nintendo, however, recently got Sony to remove one popular Mario character model from the game over copyright concerns.

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The content in this post was found at https://www.techdirt.com/articles/20200323/12203744152/nintendo-gets-dreams-mario-taken-down-because-course-it-did.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Earth to Google: Here’s Why APIs Need to be Copyrightable

23 03 2020
IP Watchdog
Michael Shore
February 18, 2020
On January 6, 2020, Google submitted its brief in Google v. Oracle, kicking off the Supreme Court case that many are calling the “copyright case of the decade.” The suit pits the search engine platform controlling 93% of the worldwide search market against Oracle, the owner of the ubiquitous Java program, which submitted its response brief last week. After attempting and failing to secure the rights to Java, Google decided to cease negotiating and instead replicated 37 API packages from the copyrighted program, a decision that precipitated the years-long lawsuit.
The content in this post was found at https://www.ipwatchdog.com/2020/02/18/earth-google-heres-apis-need-copyrightable/id=118999/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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NFL Gets Shopify To Take Down Clear NY Jets Parody Merch Site With Trademark Complaint

23 03 2020

Tech Dirt
Timothy Geigner
March 6, 2020

All regular readers here will need is to see a headline that includes both the word “trademark” and the NFL to get their eyes rolling. The NFL is notorious in its jealous protection of its intellectual property. In fact, the league goes much further than your everyday trademark bully, chiefly by pretending it has trademark rights that it absolutely does not have. This usually rears its head in the run up to the Super Bowl.

But the other game of pretend the NFL likes to play is one in which it pretends to not know that Fair Use exists. That can be seen most recently in the league going after a seller or parody NY Jets gear on his Shopify site, getting the whole store taken down by asserting trademark infringement.

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The content in this post was found at https://www.techdirt.com/articles/20200306/12173244051/nfl-gets-shopify-to-take-down-clear-ny-jets-parody-merch-site-with-trademark-complaint.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Copyright In The Modern Era: Fortnite Lets Players Mute Emote To Avoid Auto-Copyright Claims Against YouTubers

23 03 2020

Tech Dirt
Timothy Geigner
February 20, 2020

If you had told me a few years ago that we would have multiple stories at Techdirt over copyright issues surrounding video game emotes, I would have said you were a crazy person. Unfortunately, it seems that it’s the world that is crazy instead.  Fortnite in particular has been a focus of many of these stories, as a popular feature in the game is the ability to perform emotes, some of which are or are accused of being based on pop culture occurrences from other media. It is all, I can assure you, very stupid.

But people claiming likeness to Fortnite emotes isn’t the only copyright issue that surrounds their use in the game. Even when Epic has tried to do right by creators of copyrighted content, it still has managed to find itself in trouble. For example, it seems that Epic, which properly licensed Rick Astley’s meme-famous Never Gonna Give You Up audio for an emote inspired by his song, has been forced to patch the game so that players can mute the musical content of that emote. Apparently, YouTubers are finding themselves receiving copyright strikes over the song.

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The content in this post was found at https://www.techdirt.com/articles/20200225/10432543982/copyright-modern-era-fortnite-lets-players-mute-emote-to-avoid-auto-copyright-claims-against-youtubers.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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After A Long Climb, Led Zeppelin Prevails In The Stairway To Heaven Copyright Battle

23 03 2020

LexBlog
Ira S. Sacks & Evelina Gentry
March 18, 2020

Nearly 40 years after Led Zeppelin released Stairway to Heaven – viewed by many as one of the greatest rock songs of all time – Led Zeppelin was sued for copyright infringement. The estate of guitarist Randy Wolfe, who composed Taurus in 1968, claimed that Led Zeppelin and its guitarist Jimmy Page and vocalist Robert Plant copied portions of it. After a six-year-long court battle, the en banc Ninth Circuit Court of Appeals (the “Court”) upheld a jury verdict in favor of Led Zeppelin finding that the two songs are not substantially similar. Additionally, in a decision that will broadly impact the music industry, the Court overturned the so-called “inverse ratio rule,” a precedent that has governed copyright cases in the Ninth Circuit for the last 43 years. Of the eleven judges sitting en banc, 8 judges joined the majority opinion, one judge concurred, except for one portion, and two judges concurred in part and dissented in part, comprising a total of 73 pages in the slip opinion. [View the opinion here.]

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The content in this post was found at https://www.lexblog.com/2020/03/18/after-a-long-climb-led-zeppelin-prevails-in-the-stairway-to-heaven-copyright-battle/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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