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Why a 'Twilight' plagiarism lawsuit won't suck much blood

THR, Esq. Entertainment & Media Law Blog

That's our philosophical thought of the day after reading this cease-and-desist letter sent to Hachette Book Group's general counsel (and TMZ) by an attorney representing Jordan. Tags: Books Copyright By Eriq Gardner Vampires are obviously parasites. But what about authors of vampire novels?

Why is there a Google Books? Part 1: Machine Translations and Customer X

Music Technology Policy

It’s worth taking a longer look at exactly what Google Books is and who it may be meant to serve. book on Peter F. Perhaps dozens. 

John McCain settles Jackson Browne lawsuit, apologizes for use of song

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner We can finally close the book on the 2008 presidential election now. Singer Jackson Browne has announced he's settled a lawsuit against John McCain. Last year, Browne sued the Republican presidential candidate for using Browne's "Running on.

Run 20

Midem 2009 - Day 2

The Digital Lowdown

Here's a brief update from Cannes. The bad news is that the attendance is definitely down. Some of these may not survive till the next Midem.

Google Books vs. Library Books?

JetLawBlog

Under the agreement, a Book Rights Registry would be set up to allow publishers and authors to register their work and get paid for their titles.

Blawg Review #213

Cyberlaw Central

31 - Norm Pattis is on a journey to “heaven&# , which for him is a Welsh festival devoted to the used and antique book trade. Why a towel?

Class Action Filed in Response to Amazon e-Book Deletions

JetLawBlog

Amazon.com’s efforts to prevent copyright infringement have landed it in hot water. A to view, use and display. So much for copyright protection.

Book review: "Moral Panics and the Copyright Wars" by William Patry

Digital Media Law

He says he’s in favor of “effective” copyright statutes, and I opened his book hoping to learn what those might look like, since the divergence of public behavior and existing copyright laws makes it clear that something has to change. If you work in tech, check out my book How to Write LOIs and Term Sheets. Alas, not.

Washington Post: '© 2009? Wishful Thinking, Perhaps, as Backlog Mounts'

Copyrights & Campaigns

The author was trying to copyright a children's book. The Washington Post has taken a look at the copyright registration process, and discovered a major backlog as the Copyright Office struggles to cope with the mountains of new registrations, both paper and electronic: A serious logjam in the U.S. copyright system.

A Book on Detroit TV

Media Law Prof Blog

A new book of interest: Tim Kiska's A Newscast for the Masses: The History of Detroit Television News (Wayne State University Press, 2009). Mr. Kiska teaches journalism at the University of Michigan, Dearborn

The Google Book Settlement and Antitrust Concerns

Media Law Prof Blog

Picker, University of Chicago Law School, has published "Antitrust and Innovation: Framing Baselines in the Google Book Search Settlement," in GCP: The Antitrust Chronicle (October 2009). The Google Book Search Settlement has received a Randal C. Here is the abstract.

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Google Books Transcript Excerpt

Music Technology Policy

District Court for the Southern District of New York October 7, 2009 10:00 a.m. That is a deadline by which class members must claim their books in order to receive a cash payment for books that Google has already scanned. Tags: fairness hearing google books Mr. Green2 google books settlement FYI U.S. Before: HON.

Buy This Book

The Legal Satyricon

However, my little sister wrote a book called Go Tweet Yourself: 365 Reasons Why Twitter, Facebook, MySpace, and Other Social Networking Sites Suck. I don’t plug products on this blawg very often. Flip Twitter the bird. Tell Facebook to f#@% off. Lose it on LinkedIn.

Entertainment Law Update Podcast, Epsiode 5 – of Hobbits, Lamps, Photographers & Google Books

Gordon P. Firemark

Episode 5 of my Entertainment Law Update podcast is now available. Visit the site to subscribe using iTunes or your favorite RSS Reader.  Attorneys can get California MCLE (Continuing Legal Eduction) credit, too! Ellen Degeneres doesn’t roll with licensing

Kindle class action claims 'future of book banning' has arrived

THR, Esq. Entertainment & Media Law Blog

The company remotely deleted traces of books by George Orwell, Ayn Rand, and J.K. Tags: Books Copyright Litigation Web/Tech By Eriq Gardner Amazon ate a high school student's homework. That's according to a new class action lawsuit filed in Washington District Court. Rowling from its.

Google Books: Implications for Ex-US Rights Holders

Music Technology Policy

New Zealand joins Germany in opposing the Google Books Settlement, largely for the same reasons. Tags: creepy google books google books settlement creepy eric schmidt

Analyzing the Google Book Settlement

Media Law Prof Blog

Matthew Sag, DePaul University School of Law, has published "The Google Book Settlement and the Fair Use Counterfactual." Here is the abstract. This Article compares the pending settlement between Google and the representative author and publisher plaintiffs to the most

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Man fingered in Roger Clemens steroids book sues for defamation

THR, Esq. Entertainment & Media Law Blog

Tags: Baseball Books Defamation Litigation

Another View of the Google Books Settlement

Media Law Prof Blog

Einer Elhauge, Harvard Law School, has published "Why the Google Books Settlement is Procompetitive," as Harvard Law and Economics Discussion Paper No. Although the Google Books Settlement has been criticized as anticompetitive, I conclude that Here is the abstract.

Who Profits From the Google Book Settlement?

Media Law Prof Blog

Pamela Samuelson, UC Berkeley School of Law, has published "Legally Speaking: The Dead Souls of the Google Booksearch Settlement," in volume 52 of Communications of the ACM (July 2009). Here is the abstract. This short article argues that the proposed

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Copyright Termination: 2009 and 2010 Cases of Interest

Current Trends

The Second Circuit  overturned a lower court’s decision and maintained copyrights assigned to Penguin Book Group from Steinbeck’s widow.  denied 2009. . CV-04-8400-SGL (RZx),  2009 WL 2512842 ( C.D. 2009 ). Bennett for the Texas Entertainment Law Institute. Penguin Group (USA) v. 2008), cert. Siegel v.

Opposition Gathers To Google Book Settlement

Media Law Prof Blog

From yesterday's New York Times, an update on the forces opposing the Google Book Settlement plan. Among the opponents: librarians. That's never a good sign. As Spider Robinson has said, "Librarians are the secret masters of the universe. They control

The Book of “How Convenient”

The Legal Satyricon

It seems that some of the hucksters who make gobs of money lying to MSZJ eaters have come up with an interpretation of the Bible that supports their decision to ignore that whole “meek shall inherit the earth&# thing — The Theory of the Wealthy Jesus. Posted in ass hat, imbeciles [.].

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A New Book on Defamation and Celebrity

Media Law Prof Blog

Here is the introduction to the book. David Rolph, University of Sydney, Faculty of Law, has published Reputation, Celebrity, and Defamation Law (Ashgate: 2008). The concept of reputation is the central legal interest protected by the tort of defamation but

Former Illinois Governor Signs Book Deal

Media Law Prof Blog

Former Illinois governor Rod Blagojevich has landed a six-figure book deal with Phoenix Books, but some political rivals aren't happy about it. An Illinois legislator has already filed a "Son of Sam" bill aimed at prevented the former chief exec

More On the Google Book Search Settlement

Media Law Prof Blog

Not everyone thinks the Google Book Search settlement is a good idea. Pamela Samuelson at Boalt Hall Law School has pointed out the pros and cons of the settlement in a letter sent to Judge Denny Chin, who's overseeing the

Taking a book off the e-shelf

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Popular literature has been around at least since the Greek ages, and printed books since Johannes Gutenberg figured out the mechanical printing press, but that doesn't mean the book industry is immune to some of the same.

Is the Google Books Settlement Good For Readers? Authors?

Media Law Prof Blog

Commentary on the Google books deal, from the New York Times

Open Book Alliance

Music Technology Policy

According to the AP , Microsoft, Yahoo, Amazon and the Internet Archive are going full bore at opposing the Google Books Settlement. Justice Department that Google's broad settlement with authors and publishers could undermine competition in the digital book market." You never know where that kind of investigation will lead

Radical lawsuit hits comic book powerhouse

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner In the comic book world, there are heroes and evil-doers. In the real world, it's sometimes hard to tell the difference. Just in time for Comic-Con comes allegations that Radical Comics owner Blatant Entertainment, the company behind.

Louisiana's Governor To Write Book About His Life, Policies

Media Law Prof Blog

Louisiana Governor Bobby Jindal has signed a publishing deal with Regnery Books to write a book about his experiences and political views. The book, to be co-written with Peter Schweizer, should be out next year

U.S. Register of Copyright Marybeth Peters on Google Books

Music Technology Policy

Marybeth Peters gave her usual cogent analysis at a congressional hearing last week, this time on the Google Books case. This is not to say that a compulsory license or collective license for book digitization projects may or may not be an interesting idea.

G-books and Googleopoly

Music Technology Policy

Scott Cleland has another illuminating post on Google's anticompetitive activities, this time in the context of the G-books settlement in the Google Books class action litigation. Note that the Google Books class action is the first time in history that a class action has been used for a future license not correcting a past harm.

William Morris Endeavor: Opt out of Google Books Settlement

Music Technology Policy

Not surprisingly, the William Morris Endeavor talent agency has advised its clients--twice--to opt out of the Google Books settlement: "There is an important right that is relinquished under the terms of the Settlement that the Authors Guild does not adequately address. done so within twenty-seven months from the Notice Commencement Date."

On the Google Book Search Settlement

Media Law Prof Blog

Picker, University of Chicago Law School, has published The Google Book Search Settlement: A New Orphan-Works Monopoly? Randal C. as U of Chicago Law & Economics, Olin Working Paper No. Here is the abstract. This paper considers the proposed

Google Books: How bad is the metadata? Let me count the ways.

Music Technology Policy

Professor Nunberg provides some excellent slides illustrating his complaints about the abysmal quality of Google Book search and its metadata. feel very, very certain that the metadata that was delivered by the best libraries in the world along with the books to be scanned was correct. The Google who only hires from the best schools.

New Zealand Herald: Google Books is Cultural Imperialism

Music Technology Policy

An excellent article on Google Books from the New Zealand Herald: "'The deal is cultural imperialism on a par with the 1980s US flexing of military might over nuclear ship visits, says the Auckland branch secretary of the Society of Authors, Adrian Blackburn. ". These arguments apply equally to all authors, US or ex-US. Stay tuned.

Harkaway nails it: Google Books is the inverse of Gutenberg

Music Technology Policy

UK author Nick Harkaway nails the fundamental fallacy of Google's argument about the dissemination of information through Google Books: "Gutenberg’s invention led to a massive decentralisation of information, as the Church was no longer able to control what was written down and read.

Lessig's bad advice redux: FT: "[Google Books] is cultural rape."

Music Technology Policy

Excellent reporting by Financial Times on the new twist in the Google Books fiasco. Tags: cultural rape google books settlement Welcome to France, Mr. Schmidt. Here's a tip: N'entendez aucun mal, ne voyez l'aucun mal, ne parlez aucun mal.

J. D. SALINGER SUES TO PREVENT PUBLICATION OF BOOK

Entertainment Law Resources Blog

California, introduces “Mr. C.” in his book as the 76-year-old Holden Caulfield who escapes from a nursing home and pontificates on his experiences while meandering New York City. The suit further argues that sales of Colting’s unauthorized book would siphon off profits due Salinger. 5095 DAB (June 1, 2009).Complaint Salinger."