Author Sues Universal Over Musical Theater Adaptation of 'October Sky'

THR, Esq. Entertainment & Media Law Blog

says Universal only had rights to turn his book 'Rocket Boys' into one movie, and now the company is changing the meaning of their contract and hijacking his life story. Homer Hickam Jr.

Why theatre authors are more powerful than screenwriters.

Gordon P. Firemark

Authors in theatre enjoy privileges and approval rights not held by their screenwriting brethren. Authors' rights in Theatre are far more expansive than in film, television, etc. but works of modern authors generally do enjoy copyright protection.

Asked & Answered: What obligations when author is dead and publisher can’t be found?

Gordon P. Firemark

Q: If there is a book or books where the author/s are no longer alive or exists and the publisher no longer holds a copyright/patent and/or is defunct — what are my legal or ethical obligations regarding any living relatives (if any) to the original author/s…?

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.

Two Books Help Lawyers Get LinkedIn

Media Law

Lest there be any doubt about how tardy I am in reviewing these two books, let me point out that, in the time it has taken me to get around to this, the authors of one of the books have already written and published a second book. The Knapp/Dayton book has nothing on this.

Book Review: “Free Ride: How Digital Parasites Are Destroying the Culture Business and How the Culture Business Can Fight Back” by Robert Levine

Music Technology Policy

So this is as good a time as any to mention Robert Levine’s book, Free Ride, currently the subject of the Two Minutes Hate on the Internet. Yet the book is, as Bill Keller, former executive editor of the New York Times, put it recently , “a wonderfully clear-eyed account of this colossal struggle over the future of our cultural lives.” Levine has written a book that is a must read for all policy makers and indeed all professional creators.

Book Review: “Free Ride: How Digital Parasites Are Destroying the Culture Business and How the Culture Business Can Fight Back” by Robert Levine

Music Technology Policy

So this is as good a time as any to mention Robert Levine’s book, Free Ride, currently the subject of the Two Minutes Hate on the Internet. Levine has written a book that is a must read for all policy makers and indeed all professional creators. Levine’s book takes a very even-handed look at topics that are generally spun so hard by execuprofs from big institutions like Stanford and Harvard that it’s often hard for policy makers to know what reality is.

Book Review: “Free Ride: How Digital Parasites Are Destroying the Culture Business and How the Culture Business Can Fight Back” by Robert Levine

Music Technology Policy

So this is as good a time as any to mention Robert Levine’s book, Free Ride, currently the subject of the Two Minutes Hate on the Internet. Levine has written a book that is a must read for all policy makers and indeed all professional creators. Levine’s book takes a very even-handed look at topics that are generally spun so hard by execuprofs from big institutions like Stanford and Harvard that it’s often hard for policy makers to know what reality is.

Judge Dismisses Authors Guild Suit Against Google

Media Law Prof Blog

District Court Judge Denny Chin has dismissed the Authors Guild lawsuit against Google, ruling that the search engine company''s practice of displaying parts of books as part of its Google Books Project does not violate the plaintiffs'' copyright

Google e-Book Takeover Still Struggling, but Not Stopping

JetLawBlog

It appears that in the very near future, when you snuggle up in bed with a good book, you may be snuggling up with your computer as well. The technomedia giant is plowing ahead with its plan to scan and digitize millions of books and make them available to anyone with a computer.

Canadian Authors Oppose Google Book Settlement: The Smartest Guys in the Room Can't Handle the Truth--AGAIN

Music Technology Policy

In the latest round of Google's "make me" litigation strategy, the biggest bully in the schoolyard is confronted by yet another group of angry authors opposed to Google's wholesale landgrab of the works of civilization. The objection to the Google Books Settlement filed on 1/28 by Canadian authors clearly lays out the high level legal reasons why the Google Books settlement is unlawful on its face. Google Books and the Heidelberg Appeal ; Conflict Search The Man 2.0

@GTP_updates Report on “Google Academics, Inc.”

Music Technology Policy

This is particularly timely given the “fake news” hot topic and the new book by Sharyl Attkisson all about manufactured information in our astroturf culture entitled The Smear: How Shady Political Operatives and Fake News Control What You See, What You Think, and How You Vote. Yes, just like Big Pharma, “Google Academics” funnels big bucks to shape authority figures in Google’s image for 329 papers that the group was able to identify.

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Google's author of books settlement jumps ship to Twitter while DOJ investigates his deal

Music Technology Policy

Talk about your getting while the getting's good.Paid Content reports that the chief architect of the Google Books settlement is leaving the company to take a general counsel job at Twitter. Yep, Alexander Macgillivray tossed $60 into the author tip jar, and probably cashed out his Google options and will no doubt get a bunch of Twitter options.

SAG Presidential Candidate: I'll Seek Strike Authorization Next Year if Elected

Digital Media Law

In an open conference call today, SAG VP and presidential candidate Anne-Marie Johnson said she will seek a strike authorization next year, before the mandated early negotiations next fall, if she’s elected. She denied that, but said that union members would feel the impact of new media defects in the existing contract before the negotiations next fall, and added that she thought at least 75% of the board will support a strike authorization.

9 Tips to keep your podcast legal

Gordon P. Firemark

Copyright is a “bundle of rights” belonging to the “author” of a work of expression. Protection exists from the moment the work is created, whether or not the author does anything to register the copyright, and whether or not there’s any copyright notice affixed to the work.

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Five Lies In YouTube’s Spin on Content ID

Music Technology Policy

According to the Times : YouTube says that about 8,000 companies and organizations have access to Content IDand that independents may get access through affiliated companies and industry groups. Remember Google Books?

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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.” Google Orphans are a special class of works for which Google cannot locate the author (for whom Google has no incentive to look very hard). The companies that are making these objections have done nothing for orphan works,' Mr. Brin added.

Why is the New York Times Coverage on Artist Rights So Oddly Inconsistent?

Music Technology Policy

I’m not accusing the author of being on anyone’s payroll (except perhaps the Times itself…more about that later), but I can’t help noticing the similarities. Here is the author’s thesis: But starting with [Lars] Ulrich’s [2000] testimony [in the Napster case and hearings], a new complaint has taken center stage, one that flips those older objections on their heads. People didn’t stop buying books, they just stopped buying them from booksellers.

Why Can’t Songwriters Audit? A Brief Guide to Statutory Audits Under the U.S. Copyright Act

Music Technology Policy

Until the last few years, mechanical royalties were almost always licensed under direct licenses to record companies that incorporated by reference the statutory license provisions of Section 115 of the 1976 U.S. An interested copyright party or an authorized representative. BLANCHE.

Authors Guild explains stance on new Kindle 2; muddies the waters

Copyrights & Campaigns

The Authors Guild has released a statement attempting to clarify an earlier quotation from its executive director, Paul Aiken, suggesting that the text-to-speech "read-to-me" feature of the new Kindle 2 violates authors' copyrights. According to the Authors Guild, the Kindle 2: presents a significant challenge to the publishing industry. Audiobooks surpassed $1 billion in sales in 2007; e-book sales are just a small fraction of that.

Google Fouls Up Again: Google Book Search is a Disaster for Scholars AND Copyright Owners

Music Technology Policy

Google's Book Search: A Disaster for Scholars. We've become accustomed to librarians and academics uncritically fawning over the disaster that is Google Books (especially those privileged librarians among the sovereign ly immune), yet give this one by Professor Geoffrey Nunberg a read: "Start with publication dates. A book on Peter F. The applications running the Google Books registry will need to make a distinction between works in copyright and works out of copyright.

The Wall of Shame Diaspora Jumps the Pond: UK Authors Speak Out on Brand-Supported Piracy

Music Technology Policy

This issue has come up in the shareholder suit against Google over the $500 million fine the company paid for advertising illegal drugs. Danuta Kean’s Action Plan for Authors. British author Danuta Kean published “ The Big Online Ripoff “, an excellent call to action for UK creators ripped off by brand-supported piracy (actually any creators, not just UK creators). Welcome to the Diaspora.

More Bunk from the CCIA: What do Derek Jeter, Tom Adams and Ari Emanuel have in common?

Music Technology Policy

If you think that the movie, television, recording, book and newspaper businesses think that they are in the “fair use” business, think again. But even if you did believe that these companies receive some small benefit from the fair use defense, wouldn’t you think that the benefit to the U.S. And wouldn’t that require the companies themselves participating in the study to accurately allocate their revenues from works that had nothing to do with fair use?

Entertainment Law Update Podcast #46 – Top Ten Stories of 2013 – Forecast 2014

Gordon P. Firemark

Google Books. On November 14th, NY District Judge Denny Chin has, at long last granted Google’s summary judgment motion, and dismissed the authors’ guild’s lawsuit concerning the scanning of entire books into their databases. Searchlights Arguments: The production companies (i.e.

Homeless Military Widow: “My heart is sad for my teenager”

Digital Media Law

She had both not long ago, but she got laid off, unemployment ran out, and the mortgage company took her home. Until earlier this week, even Cindy’s memories of her husband were at risk: almost everything she and Evan own is in storage, and the storage company threatened to auction the contents of her unit for non-payment. However, PHH’s website isn’t shy about proclaiming the company’s commitment to bringing good to the world.

The New York Times > Books > Sunday Book Review > 'The World Is Flat': The Wealth of Yet More Nations

Communications And Entertainment Law Blog

The New York Times > Books > Sunday Book Review > 'The World Is Flat': The Wealth of Yet More Nations The New York Times May 1, 2005 'The World Is Flat': The Wealth of Yet More Nations By FAREED ZAKARIA THE WORLD IS FLAT A Brief History of the Twenty-First Century. Friedman's excellent new book, ''The World Is Flat: A Brief History of the Twenty-First Century.''. The book is done in Friedman's trademark style. There are difficulties with the book.

The New York Times > Books > Sunday Book Review > 'The World Is Flat': The Wealth of Yet More Nations

Communications And Entertainment Law Blog

The New York Times > Books > Sunday Book Review > 'The World Is Flat': The Wealth of Yet More Nations The New York Times May 1, 2005 'The World Is Flat': The Wealth of Yet More Nations By FAREED ZAKARIA THE WORLD IS FLAT A Brief History of the Twenty-First Century. Friedman's excellent new book, ''The World Is Flat: A Brief History of the Twenty-First Century.''. The book is done in Friedman's trademark style. There are difficulties with the book.

Why music publishers (and their licensees) should care about the Google Books Settlement

Music Technology Policy

I've been trying to beat the drum on the importance of the Google Books settlement for a while (see chez Reg "Is Google's Culture Grab Unstoppable?"). This is the "license" that allows the titles to get into Google Books. An Elaborate Scheme Brewster Kahle (no friend of copyright in my view) summarizes why the Google Books settlement matters rather succinctly as it applies to orphan works, but the same argument applies to any publisher or author not before the court.

Hot Girls, Lawsuits, Defamation, and Douchebags

JetLawBlog

A New Jersey judge recently handed down the long-awaited decision in the defamation case filed by “hot chicks&# pictured in the book entitled Hot Chicks with Douchebags , who had apparently taken offense to having their pictures published in the book without their permission.

For Legal Professionals, the Internet Has Come a Long Way, But Still Has a Long Way to Go

Media Law

You still needed to use a dial-up terminal or hard-copy books in the library. And there have been some attempts to create legal treatises and encyclopedias using the wiki group-authoring format. I don’t begrudge those companies their right to charge for what they’ve created and published. Attempts at collaborative authoring among legal professionals seem to hit dead ends.

Is The Music Industry Really Broken?

The Digital Lowdown

Without minimizing the role of companies like YouTube or Spotify, one oft-forgotten factor is that the barriers to entry are now completely gone. The same situation is already at play in the book world. Authors, too, no longer have any barriers to self-publish their ebooks. As I ponder the tumultuous past year in the music business, I have to wonder if the business is as broken as all the pundits claim it is. When I drive down Sunset Blvd.

Sherlock Holmes, Elementary, Copyright Protection and Trademarks

Current Trends

The recent lawsuit filed against the estate of Sir Author Conan Doyle might bring out heirs of other great works created in the late 1800′s and early 20th century to see just how long copyright protection can be stretched.

How Google Took Over the Justice Department Antitrust Division: Renata Hesse’s Timeline

Music Technology Policy

Hesse is the one who has authority over the process, at least most directly, so if the DOJ professional staff did not originate the idea, and if no one in the voluminous consent decree public comments came up with it, it must have come down from on high.

Google blows it again: Which is more insulting? That they say it, or that they think we will believe it?

Music Technology Policy

It would appear that Google is starting to crack under the pile of opposition coming from European authors--don't you believe it. The Financial Times reports that "A spokesperson for Google on Monday said: 'The parties to the Settlement Agreement have sent a letter to several national publisher associations in Europe to clarify that books that are commercially available in Europe will be treated as commercially available under the Settlement. The AUTHORS have those rights.

Copyright Registration Checklist Scripts or completed Motion Pictures

Entertainment Law Resources Blog

Which persons or companies currently own the script? If a company, give full legal name and state of incorporation. Is the author (owner) a U.S. Is this script original or based on another work (like a book)? Either individuals or a company). Was the motion picture created by individuals as its owners or was it created for a company? Is the author (owner) a U.S. Is this motion picture based on another work (such as a book or play)?

As Super Bowl Approaches, Advertisers Should Be Aware of The NFL’s Efforts to Protect Its Golden Goose – 2017 Update

Broadcast Law Blog

However, the NFL’s rule book defines trademark violations very broadly. Similarly, a company should not be listed as the sponsor of a “Super Bowl” event or party. Disclaimers : A disclaimer such as, “Not an Official Sponsor of the Super Bowl” or “This Advertisement (or Event) Has Not Been Licensed or Authorized by the NFL” will not ward off a cease-and-desist letter.

Entertainment Law Update Podcast Episode 13

Gordon P. Firemark

Eli Stone” series not an infringement of books with character Ely Stone. American Broadcasting Companies, Inc. Eli Stone” series not an infringement of books with character Ely Stone. American Broadcasting Companies, Inc.

Rachael Ray Wins Trademark Battle Over Her Name

JetLawBlog

Ray is the star of the popular talk show, “ Rachael Ray, “ and the author of many classic cookbooks such as 30 Minute Meals and Yum O!

Jean Michel Jarre: ‘Don’t forget that us creators are the smart part in a smartphone’ by @Helienne Lindvall

Music Technology Policy

Last year, he took over the presidency of CISAC, the global body for authors’ societies, after the previous president, Robin Gibb, passed away – and so his Midem “visionary talk” went under the headline Fair Share for Creators. They question if we need authors’ rights – of course we do.

Trickle Down Innovation Alert: Mr. Pandora the secret union buster

Music Technology Policy

‘ You would not necessarily catch this unless you knew about the efforts by Clearchannel and Sirius to enter into direct license agreements with record companies and bypass SoundExchange. And as we’ve always said, what the tech companies really want is to break up any form of collective that empowers creators and keep us all weak and alone so they can treat us how they like. “Have you seen the bigger piggies in their starched white shirts.

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