Asked & Answered: Original vs. Adapted works

Gordon P. Firemark

Q: “When is a work ‘Original’, and when is it an ‘adaptation’?&#. This is intended as general information only and does not establish an attorney-client relationship.

The Origin of Race in the USA

Communications And Entertainment Law Blog

Who is the original Glasshole?

Music Technology Policy

Who was the original Glasshole? Professor Geoff Nunberg writing at NPR tells us that. Google G]lass can seem a lot creepier when it’s being worn by somebody else. People have started call the early adopters”Glassholes,” and I can see why.

Police Brutality Backfires (Original)

Communications And Entertainment Law Blog

Buzzfeed Publishes Original Memos Concerning Allegations Re Trump and Russia

Media Law Prof Blog

Here, Buzzfeed's original piece Buzzfeed's decision to publish memos including unverified information regarding personal and financial information relating to President-Elect Donald Trump has caused some reaction among journalists. Here, a story from CNN, here a piece from Slate.

CNN 52

'Kong, the Origin' Film at Center of Fraud Suit

THR, Esq. Entertainment & Media Law Blog

The film at issue is a sci-fi adaptation of Chinese literary classic 'Journey to the West,' which tells the story of Sun Wukong, the Monkey King. read more. THR, Esq. Movies Movies THR Online

Boyden on Daly v. Palmer, or the Melodramatic Origins of the Ordinary Observer @BruceBoyden

Media Law Prof Blog

Palmer, or the Melodramatic Origins of the Ordinary Observer in volume 68 of the Syracuse Law Review (2018). Bruce E. Boyden, Marquette University Law School, is publishing Daly v. Here is the abstract. Daly v. Palmer, decided in 1868, began

Where Did the Idea for Stopping Brand Sponsored Piracy Originate?

Music Technology Policy

I’ve had enough questions lately about why I started focusing on brand sponsored piracy that I thought it important enough to give credit where it’s due.

Copyright's Originality Standard

Media Law Prof Blog

Joseph Scott Miller, Lewis & Clark Law School, has published Hoisting Originality, as Lewis & Clark Law School Legal Studies Research Paper No. Copyright's originality standard is ripe for reappraisal. 2009-4. Here is the abstract. Many have described how copyright

Senate GOP tax bill hurts the poor more than originally thought, CBO finds - The Washington Post

Communications And Entertainment Law Blog

Senate GOP tax bill hurts the poor more than originally thought, CBO finds - The Washington Post

Lauriat on Walter v. Lane (1900), Originality, and Copyright Protection Under UK Law @KCL_Law

Media Law Prof Blog

Originality is a cornerstone of contemporary copyright law; in order Barbara Lauriat, King's College London, is publishing Walter v. Lane (1900) in Landmark Cases in Intellectual Property Law, chapter 7 (Jose Bellido, ed., Hart Publishing, 2017). Here is the abstract.

The Origins of the Press Clause

Media Law Prof Blog

Air Force, and Kevin Francis O'Neill, Cleveland-Marshall College of Law, have published Saving the Press Clause from Ruin: The Customary Origins of a 'Free Press' as Interface to the Present and Future, in the 2012 Patrick J. Charles, U.

Guadamuz @technollama on The Monkey Selfie, Copyright, Originality, and Internet Jurisdiction

Media Law Prof Blog

Andres Guadamuz, University of Sussex, is publishing The Monkey Selfie: Copyright Lessons for Originality in Photographs and Internet Jurisdiction in volume 5 of the Internet Policy Review (2016).

And Speaking of Black Box…ISP Licensing is the Original Black Box

Music Technology Policy

With all the discussion on “black box”, I’m reminded of the original black box–ISP licensing. The post originally appeared in Content Agenda, a great blog that seems to have unfortunately vanished): Choruss hits a sour note. Every now and then we see the resurgence of “voluntary collective licensing” or what I call ISP licensing.

OU student won't reveal racist chant's origin | MSNBC

Communications And Entertainment Law Blog

OU student won''t reveal racist chant''s origin | MSNBC

The Origins of Film Censorship

Media Law Prof Blog

Barak Y. Orbach, University of Arizona, has published "Prizefighting and the Birth of Movie Censorship," at 21 Yale Journal of Law and the Humanities 251 (2009). Here is the abstract. Censorship scholars unanimously, but mistakenly, treat a 1907 ordinance of

The argument against Scalia style Supreme Court "Originalism" Alexander Hamilton

Communications And Entertainment Law Blog

The argument against Scalia style Supreme Court "Originalism" "Constitutions should consist only of general provisions; the reason is that they must necessarily be permanent, and that they cannot calculate for the possible change of things." Elliot's Debates, volume 2, p. 364. (28 28 July 1788) By Alexander Hamilton

@chriswillman: @WriteGirlLA Teams Pro Songwriters With Local Youth to Create Original Music — Artist Rights Watch

Music Technology Policy

via @chriswillman: @WriteGirlLA Teams Pro Songwriters With Local Youth to Create Original Music — Artist Rights WatchThe Saturday afternoon event is an annual highlight for WriteGirl, a charitable organization that puts on monthly mentoring workshops to help teen girls who come from disadvantaged backgrounds and underserved communities find their voices.

Composer's Heirs Sue Over CBS' Use of Original "Hawaii 5-0" Theme

Media Law Prof Blog

Remember that propulsive, beat-heavy theme song for the original television series Hawaii 5-0? CBS is reusing it in the reboot, and the late composer Morton Stevens'' children have filed a lawsuit alleging that the network does not actually have the

CBS Argues Remastered Versions of Old Songs Original Enough to Be Copyrighted

THR, Esq. Entertainment & Media Law Blog

Does adjusting the loudness and timbre of a sound recording mean indefinite copyright duration, but no ability to stop radio stations from playing it? read more. THR, Esq. The Business Music Tech Business THR Online

The Origins of Holmes' Opinion In "Abrams v. United States"

Media Law Prof Blog

Thomas Healy, Seton Hall University School of Law, has published The Justice Who Changed His Mind: Oliver Wendell Holmes, Jr., and the Story Behind Abrams v. United States at 39 J. March 2014). Here is the abstract

Original Sin and Obama’s Missed Opportunity: What’s Next for the ASCAP and BMI Consent Decrees? — Music Tech Solutions

Music Technology Policy

via Original Sin and Obama’s Missed Opportunity: What’s Next for the ASCAP and BMI Consent Decrees? For the moment, songwriters are in a holding pattern but with the wind at their backs.

Odd Legal Question Du Jour: Was 'Y.M.C.A.' Originally French?

THR, Esq. Entertainment & Media Law Blog

The answer will play a difference in a closely-watched lawsuit concerning the copyright termination rights of authors. read more. Music THR, Esq. Business

Celebrity Photographer's Family at War Over 'Bert Stern: Original Madman'

THR, Esq. Entertainment & Media Law Blog

The documentary was made by Stern''s secret wife, and amid a battle over inheritance, comes strife directed at footage showing Stern''s children and grandchildren read more. Culture Movies THR Online THR, Esq. Style

The Origins of the First Amendment's Speech and Press Clauses

Media Law Prof Blog

Ronald K. Collins, University of Washington School of Law, has published The Speech & Press Clauses of the First Amendment at 29 Delaware Lawyer 8 (Winter 2011/2012). Here is the abstract. Examining the history leading to the adoption of

Danish Newspaper, Original Publisher of Prophet Mohammed Cartoons, Issues Apology

Media Law Prof Blog

The Danish newspaper that originally published the cartoons which set off a firestorm of anger in some Muslim countries has apologized "to anyone who was offended by our decision to reprint the cartoon drawing." But the newspaper Politiken still asserts

The Originality of Fictional Facts and the Protection of Copyright Law

Media Law Prof Blog

Matt Kellogg, Covington & Burling LLP, has published The Problem of Fictional Facts: Idea, Expression, and Copyright's Balance Between Author Incentive and Public Interest at 58 Journal of the Copyright Society of the U.S.A. 549 (2011). Here is the abstract

The Extent of Copyright In Original, Unpublished Material: Raymond Carver's Stories

Media Law Prof Blog

Cardozo School of Law, has published Publishing Raymond Carver's 'Original' Stories as 'Fair Use' in volume 7 of the Cardozo Public Law, Policy and Ethics Journal (2008/2009). Matthew J. Weldon, Benjamin N. Here is the abstract. This is a paper

A Blast from the Past: David Lowery at the 2012 SF Music Tech–the original meet the new boss lecture

Music Technology Policy

'X-Men: Wolverine' Pirate Sentenced to Year in Federal Prison

THR, Esq. Entertainment & Media Law Blog

Movies Movies Hugh Jackman X-Men Origins: WolverineMatthew Belloni Gilberto Sanchez said he bought a copy of the 2009 Hugh Jackman superhero movie on a street corner near his home in the Bronx and admitted to uploading it to the Internet. read more. THR, Esq. THR, Esq.

Slavery, the Second Amendment, and the Origins of Public-Carry Jurisprudence - The Atlantic

Communications And Entertainment Law Blog

"Public-carry advocates like to cite historical court opinions to support their constitutional vision, but those opinions are, to put it mildly, highly problematic. The supportive precedent they rely on comes from the antebellum South and represented less a national consensus than a regional exception rooted in the unique culture of slavery and honor.

Stan Lee, Originator of "Spiderman," Sued Over Profits

Media Law Prof Blog

Mr. Lee is the originator of "Spiderman;" he sued Marvel Comics in 2002 (Lee v. Shareholders in Stan Lee's company are suing him over profits they think are due from film and book sales. Marvel Comics, 386 F.

YouTube's original nemesis wins a round in court

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Back before it became popular to sue YouTube, there was Robert Tur. The journalist and helicopter pilot managed to capture on videotape the infamous OJ Simpson white Bronco chase and some of the more stirring moments from.

Up w/ Chris Hayes: You Should Know: Violent origins of May Day

Communications And Entertainment Law Blog

Visit msnbc.com for breaking news , world news , and news about the economy

Original Meaning of the 14th Amendment As Expressed In the Print Media of the Time

Media Law Prof Blog

Hardy has published "Original Popular Understanding of the 14th Amendment as Reflected in the Print Media of 1866-68." David T. Here is the abstract. In District of Columbia v. Heller, a majority of the U.S. Supreme Court endorsed a form

'Wolverine' Pirate Pleads Guilty to Copyright Infringement

THR, Esq. Entertainment & Media Law Blog

Movies Movies X-Men Origins: WolverineMatthew Belloni Gilberto Sanchez, a New York-based glass installer and musician, uploaded a work print of Fox's hit superhero movie a month before its May 2009 release. read more. THR, Esq.

Daily Read: Jackson Memorial In Theaters, Penske's Movieline, Twitter Talent, Original Formulas

Thompson On Hollywood

Slate looks back at the original movie formulas. In Michael Jackson news, Phil Anschultz has struck a deal with the Jackson family and Cinedigm Digital Cinema Corp. to show the telecast of the Jackson Memorial in about 80 movie theaters around the country, reports Bloomberg.

FCC Releases Draft Order to Abolish Main Studio Rule – To Be Considered at its October 24 Meeting

Broadcast Law Blog

The FCC also would eliminate local program origination obligations. So station owners need no longer have some physical presence in their community where they can originate programming. While the changes may allow broadcasters to recognize significant cost savings, we reiterate the FCC’s warning that stations, no matter the physical source from which their programming originates, need to remember that they still have an obligation to serve the interests of their communities.

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

Film and Television Law Blog

Tales of drug-dealing, jail time and growing up in the ghetto are too common to be considered original elements of a copyrighted work. To establish a claim of copyright infringement, a plaintiff must establish: ownership of a valid copyright; and unauthorized copying of original elements of the plaintiff’s work.” Though Winstead was able to prove ownership of a valid copyright in his book, the Court found that he could not prove any copying of original elements from his work. “[G]eneral

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

Film and Television Law Blog

Tales of drug-dealing, jail time and growing up in the ghetto are too common to be considered original elements of a copyrighted work. To establish a claim of copyright infringement, a plaintiff must establish: ownership of a valid copyright; and unauthorized copying of original elements of the plaintiff’s work.” Though Winstead was able to prove ownership of a valid copyright in his book, the Court found that he could not prove any copying of original elements from his work. “[G]eneral

Happy New Year!

Gordon P. Firemark

originally appeared on Entertainment Law Offices of Gordon P. - - - - - - - - - - - - - - - - - - - - - - - - - - - -. The post Happy New Year! Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media. Entertainment Law

Breaking: Pandora’s IRFA Lobbyists Return for the Astroturf Reheat in NPR Alliance Against Artist Rights

Music Technology Policy

Originally posted on The Trichordist : More to follow: View original

Six Lessons of Summer Box Office

Thompson On Hollywood

Originals sell. The very thing that the majors are most afraid of is what makes Pixar King of the Mountain, every single time: originality. Origin myths sell. X-Men Origins: Wolverine , which cost $150 million, opened huge and dropped off drastically.