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?

Jury finds libel in fictional character

THR, Esq. Entertainment & Media Law Blog

Tags: Books Decisions Roundup Defamation Litigation

Trending Sources

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. A good way to accomplish this is with books in translation. In some cases, the delicate, rare and impossible to replace out of copyright books. A book on Peter F.

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! Download audio file (EntertainmentLawUpdateEpisode005.mp3) Download Episode (right click) Approximate Running Time: 1:03 In this Episode: Annie Liebovitz mortgages her copyrights, gets sued. Ellen Degeneres doesn’t roll with licensing

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.

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The Google Books Settlement and music publishers: EMI opts out.

Gordon P. Firemark

Chris Castle over at the Music Technology Policy blog has posted an insightful piece about EMI’s decision to opt-out of the Google Books Settlement. Here’s the link: [link] Did you know that music publishers would be affected by the Google Books Settlement? Did you know that publishers with large catalogs are supposed [.].

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. (Photo credit to Markbult under a Creative Commons license.). Welcome to the Towel Day edition of Blawg Review!

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. DENNY CHIN, District Judge THE COURT: Of course we are not proceeding with a fairness hearing today.

Controversy Still Surrounds Google Book Project

JetLawBlog

to move forward with its plan to scan millions of books and make them available on an online database. Most of the controversy surrounds so-called “orphan works,&# which refers to out-of-print books still under copyright.

Google Books: Implications for Ex-US Rights Holders

Music Technology Policy

In one of the best summaries I've seen on the implications of the Google Books settlement for ex-US rights holders, the New Zealand Society of Authors told its members: “Unless New Zealand authors or publishers formally opt out of the settlement, or formally opt in but request Google not to digitize and/or display their books, Google will have the non-exclusive right to digitize any of their books that were published anywhere before 5 January 2009, whether it has digitized them already or not.”

Class Action Filed in Response to Amazon e-Book Deletions

JetLawBlog

The aptly named “Big Brother Class” in the complaint further alleges that not only did Amazon delete e-books without its customers’ knowledge or consent, but it also deleted any electronic notes made by those customers.

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. Moreover, the book is larded with unnecessary block quotes, among them a half-page endnote analyzing the phrase “Tastes Like Chicken.” If you work in tech, check out my book How to Write LOIs and Term Sheets.

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 Office has created a growing mountain of paper applications, more than the staff can process.

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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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. Somewhere between the advent of Facebook and launching Twitter to the masses, the [.].

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."

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. A very quotable synopsis of the "de facto compulsory license" problem: [Register Peters explains] why allowing Google to continue to scan millions of books into the future, on a rolling schedule with no deadline, is tantamount to creating a private compulsory license through the judiciary.

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. Tags: creepy google books william morris endeavor google books settlement creepy eric schmidt

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.

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. Jean-Noël Jeanneney will be partcularly galled (no pun intended) by yet another variety of metadata screwup in Google Books--authorship attributed to the writer of a forward-- Madame Bovary by HENRY JAMES for example. Given the right machine, you could train a reasonably intelligent pet to scan books.

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. ". Department of Justice, the Open Book Alliance, the Germans and the French in calling foul on the Leviathan of Mountain View.

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.

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. Google Books] is actually the opposite: broad access to a single resource through one entity – Google." Tags: creepy google books getting googled creepy eric schmidt

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 "French publishers say Google has never negotiated with them about its digitisation scheme even though the millions of works held in US libraries already scanned by the company include thousands of French titles." Welcome to France, Mr. Schmidt. Here's a tip: N'entendez aucun mal, ne voyez l'aucun mal, ne parlez aucun mal.

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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Google Books, Unclaimed Property and Google as State

Music Technology Policy

Like the tar baby, the Google Books settlement agreement often raises more questions than it answers. The state is supposed to keep this unclaimed property on its books forever. unclaimed funds from Google Books will be applied to cost and then distributed to the club. I mean the Books Registry. Tags: creepy google books google antitrust getting googled creepy lawrence lessig creepy eric schmidt

Sony Reaches Deal to Share in Google’s E-Book Library

Music Technology Policy

In case you were wondering what the future holds for those who don’t oppose the Google Books class action settlement, there is a helpful story in the New York Times announcing a deal that Google has already made with Sony to cover books in the public domain. Also, how does this license of public domain books actually work? Does it go to the “Google Books Registry” or does Google keep it?

Alert from the National Music Publishers Association regarding sheet music and the Google Books Settlement

Music Technology Policy

The Google Books settlement (which is currently being investigated by the Department of Justice, among other people) clearly includes sheet music. Tags: google antichrist music business google antitrust google nation google books google books settlement getting googled songwriting Songwriters How you may ask?

Alert from the National Music Publishers Association regarding sheet music and the Google Books Settlement

Music Technology Policy

The Google Books settlement (which is currently being investigated by the Department of Justice, among other people) clearly includes sheet music. Tags: google antichrist music business google antitrust google nation google books google books settlement getting googled songwriting Songwriters How you may ask?

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.

Aux armes citoyens! France joins the opposition to Google Books

Music Technology Policy

It should come as no surprise to anyone that Reuters is reporting that France will file an objection to the Google Books settlement with Judge Denny Chin. Tags: creepy google books creepy lawrence lessig creepy eric schmidt France joins a growing list of countries--yes, COUNTRIES--opposing Google.

Internet Archive Seeks to Intervene in Google Books Case

Music Technology Policy

It is possible for an interested party to actually intervene in the Google Books case, meaning actually become a party to the case, a litigant. Brewster Kahle is seeking to intervene in the Google Books case. Register of Copyright ennumerate all the ways in which we loathe thee Google, you can see a webcast of the recent Columbia Law School symposium on the books settlement here. Speaking of webcasts.will Judge Chin permit the Google Books fairness hearing to be webcast?

Internet Archive Seeks to Intervene in Google Books Case

Music Technology Policy

It is possible for an interested party to actually intervene in the Google Books case, meaning actually become a party to the case, a litigant. Brewster Kahle is seeking to intervene in the Google Books case. Register of Copyright ennumerate all the ways in which we loathe thee Google, you can see a webcast of the recent Columbia Law School symposium on the books settlement here. Speaking of webcasts.will Judge Chin permit the Google Books fairness hearing to be webcast?

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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Sergey Brin, Monopsonist Book Enthusiast

Music Technology Policy

If you’ve been following the Google Books settlement debacle, you know that there are some serious questions about what are probably inaccurately referred to as orphan works, but what are probably more accurately called “Google Orphans.” In a WSJ interview with the very well grounded Sergey Brin (and our favorite PhD, Eric Schmidt, although it appears that Schmidt was just along for the ride), it becomes apparent that he is the very model of the monopsonist book enthusiast.

Jeff Bezos on Google Books: It doesn't seem right that you should get a prize for violating copyrights

Music Technology Policy

An excellent insight into the creepy Google Books settlement in an news.com interview by Caroline McCarthy of Jeff Bezos of Amazon--a tough customer himself. I remember being interviewed at length about the music business by an Amazon employee back when they were just selling books in late 1997. Just because you can figure out a way to sell advertising inside books doesn't mean you get to do it because you're "disruptive" or whatever the O'Reilly word is this week.

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 ). Copyright terminations under sections 203 and 304 are hot topics in the news and at the courthouse the past 12 months. 2013 will be the first year that terminations can be effective under 17 USC Section 203… if notice of termination was proper.

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