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Can I Name my Characters after Famous Characters from Old Book – Entertainment Law Asked & Answered

Gordon P. Firemark

Will you get in trouble if you name your characters after famous characters from an older book or film? I can confidently say that there’s NO risk to using the names of Arthur, Lancelot, Guinevere, Merlin, and so on in your book… at least not any legal risk.

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

New Media and Technology Law

For those authors who have struggled to find a publisher or who would otherwise prefer to keep control of their IP rights in their books, there are many such businesses. But what happens when a self-published book offered for sale contains content that may violate a third-party’s right of publicity or privacy rights? The alleged privacy violations were aggravated when the book was displayed in nationwide media, including in jokes on some late night TV talk shows.

Tort 18

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.

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.

Example of “New Boss” Contracts: The YouTube covenant not to sue

Music Technology Policy

And because they will most likely take the music anyway requiring indie publishers to send them DMCA notice after notice after notice after notice after… The clause seems designed to limit indie publishers from joining the current YouTube class action, a class certification issue Google recently lost in the Google Books case.

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.

It’s Their Web: Google’s land grab with the new gTLDs for.music,film,movie,book

Music Technology Policy

The point about these new top level domains such as.music,film,movie,book, is that they could be community based for creators who work in these areas, not corporate monoliths that actually are key players in harming those creators.

The unreasonable expansion of the Right of First Refusal Clause in entertainment contracts.

Gordon P. Firemark

So, for example, when selling rights for a screen adaptation of a novel, the author of the book might wish to reserve rights for audiobooks, an author-written sequel, or a stage adaptation. The unreasonable expansion of the Right of First Refusal Clause in entertainment contracts.

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.

Featuring real people in a fictional work – Entertainment Law Asked and Answered

Gordon P. Firemark

Can you mention famous people in your book, play or movie? If it’s harmful to their reputation, or creates some implication that they endorse your book and its message, you could encounter trouble. For example: Napoleon’s stuff is in the public domain.

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.

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

New Media and Technology Law

For those authors who have struggled to find a publisher or who would otherwise prefer to keep control of their IP rights in their books, there are many such businesses. But what happens when a self-published book offered for sale contains content that may violate a third-party’s right of publicity or privacy rights? The alleged privacy violations were aggravated when the book was displayed in nationwide media, including in jokes on some late night TV talk shows.

App Will Let Lawyers Pick Pro Bono Cases

Media Law

Read the program book to get a taste of what was covered. In any event, it’s a good example of how even small-scale technology innovations can help make legal services more broadly available.

Trademark for Album Titles – Entertainment Law Asked & Answered

Gordon P. Firemark

And that was always pretty likely to apply to an album, a song, a book or a movie title, unless what you’re registering is actually a brand that is/will be affixed to a whole LINE of goods or services. AUDIO: TRANSCRIPT: [link]. Should you register a trademark for your album title?

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. Recall that Jean-Noël Jeanneney, former president of the Bibliothèque Nationale of France, warned of the same kind of problems and gave similar examples of botched scans of French cultural works in his 2007 work " Google and the Myth of Universal Knowledge ". Given the right machine, you could train a reasonably intelligent pet to scan books.

New Site Puts Spotlight on Exemplary Lawyers

Media Law

A website launched this week, The Xemplar , has the goal of shining a spotlight on “independent attorneys&# who serve as examples of the best of the profession. and co-author of the recent ABA book, Social Media for Lawyers: The Next Frontier.

The Importance of Controlling Rights Data

Music Technology Policy

However, as we have seen with the disasters of Google Books and YouTube ContentID, there are people out there who use metadata to shield themselves from liability regardless of how inaccurate it is. An example might be a company like Loudr.) What’s the point of having good metadata and rights information for licensing? It should be to actually know who owns a song and who owns recordings of the song so you can get permission and pay for usage or block it.

Why it’s dangerous to rely on free online entertainment law contract forms

Gordon P. Firemark

One glaring example that's easy for a layperson to conceptualize is the continued presence, in film deals, of clauses calling for a director to receive a “VHS copy” of the finished film. Unfortunately, many contract forms found in books or on the web are simply outdated.

9 Tips to keep your podcast legal

Gordon P. Firemark

For example, if I agree to be a guest on your podcast episode, does that also imply that you can later edit my appearance into a commercial product, such as a training video, or to transcribe my words and use them in a book you compile?

Tips 74

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.

The WordRake Editing Program Takes on Scalia, Kagan and El Pollo Loco

Media Law

It is the creation of Gary Kinder , a lawyer and writer whose 1998 book, Ship of Gold in the Deep Blue Sea , went to number seven on The New York Times bestseller list. As an example, he cited her dissent in the 2011 case, Arizona Free Enterprise Club v.

Jean-Michel Jarre Identifies the Value Transfer

Music Technology Policy

The income transfer is not difficult to see–the songs, recordings, movies, television programs or books are simply stolen and posted on ad supported sites that directly compete with legal sites. Jean-Michel Jarre.

Google and Amazon Leverage Copyright Loophole to Use Songs Without Paying Songwriters

Music Technology Policy

New releases, including one example from Sting, are also targets suggesting significant revenue loss to songwriters. (I Not to mention ten years of information Google has scraped from Content ID on YouTube or sheet music on Google Books.

Blogs Are Evolving, Not Declining

Thompson On Hollywood

I use Twitter and Facebook as newsfeeds and delivery systems, and I am an example of a former print journalist who is making a living as a professional blogger, a growing trend. Tags: Bloggers Books blogs Gawker Book Club Say Everything Scott Rosenberg

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. Or that any book publisher benefits Google on fair use grounds given Google’s spectacular loss in the Google Books case?

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. For example, the use in advertising of taglines such as “Stock Up for the Super Bowl” for beer or snacks or “Get the Best View of the Super Bowl” for big-screen TVs has routinely led to the prompt issuance of cease-and-desist letters. Last year, we posted some guidelines about engaging in or accepting advertising or promotions that directly or indirectly alludes to the Super Bowl without a license from the NFL.

New Yorker Review of the Chris Anderson/Wikipedia Book "Free"

Music Technology Policy

To recap: YouTube is a great example of Free, except that Free technology ends up not being Free because of the way consumers respond to Free, fatally compromising YouTube’s ability to make money around Free, and forcing it to retreat from the “abundance thinking” that lies at the heart of Free. An excellent review of Free by Chris Anderson/ Wikipedia by Malcolm Gladwell in the New Yorker.

Lawyers Diary is Now Online and Mobile

Media Law

For lawyers in certain states, the Lawyers Diary and Manual — popularly known as the Red Book — is one of those legacy print volumes you probably still have close to your desk. Say, for example, you look up an old friend from law school.

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. The UPS story is a classic example of this.

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. The UPS story is a classic example of this.

The Lawyer’s Deskbook Goes Mobile

Media Law

Thereafter, each book will be sold as an annual subscription at a minimum cost of $29.99, with some costing as much as $149. What you get for that are books containing statutes or rules along with brief annotations of leading cases.

The “Free Culture” Book Report Redux: Terry Hart’s Part 1 on why the RSC “paper” really wasn’t ready for primetime

Music Technology Policy

” I’d put it a bit more bluntly: The report reads more like a book report on Free Culture rather than a bona fide policy paper. For example, it omits many important issues that a government sponsored paper should take into account–such as the effects on our treaty obligations of the paper’s recommendations.

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. The most striking example of this is PACER, the system for accessing electronic records of the federal courts. [Note: Since March 1995, I have written a syndicated column, legal.online, that has run in various legal and bar periodicals. After 17 years, I'm calling it quits. Below is my final column, which I sent to editors last month. Many of the columns are archived here.

Will the Use of Common Elements and Themes Leave Filmmakers Susceptible to Copyright Infringement Suits?

Film and Television Law Blog

The plaintiff, Shadrach Winstead (“Winstead”), claimed that 50 Cent (also known as Curtis Jackson) (“Jackson”) used words and plot themes from Winstead’s copyrighted autobiography “Preacher’s Son – But the Streets Turned Me Into a Gangster” (the “book”) in a CD/DVD set produced by Jackson in 2009. Winstead also claimed that portions of dialogue were taken from his book and used in the script of the film.

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

Music Technology Policy

Indie bookstores account for only about 10 percent of overall book sales, but they have a vastly disproportionate impact on the sale of the creative midlist books that are so vital to the health of the culture. People didn’t stop buying books, they just stopped buying them from booksellers. Another major issue the author skipped is the brisk market for pdfs of pirated books on Torrent sites. Another example of what we’ve all come to expect.

Welcome to State Sponsored Theft: Iceland is Becoming a Pirate Utopia

Music Technology Policy

So the concept has been around for a while–putting servers for various illegal items on Sealand is another example. “Pirate utopias” have been a twenty year fascination with the anti-copyright crowd, spillover from the ”information wants to be free” cult.

Useless Streaming Artist Data: You Know Where to Put the Thumb

Music Technology Policy

They continued the streaming service meme that somehow talent buyers and concert promoters care about how many thumbs you get when deciding to book a gig. [C]oncert Nonetheless, this CNBC post is a great example of how unreliable this “artist data” can be and just how hard it is to verify.