Burbank High School has show choirs, which are choirs that combine choral singing with some choreographed steps. If you watched the TV show Glee you’ve seen it; in fact the court says that Burbank High School inspired the TV show. Brett Carroll is the vocal music director at the school and the Burbank show...
Read more →I previously wrote about a puzzling case, Small Justice LLC v. Xcentric Ventures L.L.C., with the defendant better know as Ripoff Report. The First Circuit has now grappled with it, although based on a revised district court opinion amended with a highly consequential footnote. To distill it down as much as possible, a lawyer,...
Read more →I asked in a prior post whether plaintiff Joseph Cooper had the right to publish his videotapes of performances of famous comedian Steve Harvey, taped at Harvey’s Texas club in 1993, based on this invoice: Click here for larger version Unfortunately we don’t know yet, because it’s most certainly a question of fact, not...
Read more →Click here for larger version Can Cooper, the videographer, put his videos of now-famous comedian Steve Harvey on YouTube? This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
Read more →Oh, adidas. adidas AG is a large multinational conglomerate headquartered in Germany. It reported that at the close of 2014 it had 154 subsidiaries, one of which is co-plaintiff adidas America, Inc. A few years ago adidas developed “miCoach,” an “interactive personal coaching and training system.” Parent adidas AG owns the company’s US patents...
Read more →As I’ve written about before, Sybersound is a 2008 Ninth Circuit decision that was not well-received by copyright authorities. We now have a second Ninth Circuit opinion interpreting Sybersound that undoes the original harm. The decision is Corbello v. DeVito, the case that just keeps on giving for someone who writes about copyright ownership....
Read more →You probably don’t need to be told this, but just in case you had any doubt: “dope!” is not “clear, unambiguous and unequivocal” acceptance of an offer as required under New York law. The court didn’t say it categorically, but I’m going out on a limb here and say no matter what the context,...
Read more →I previously wrote about an unusual case in Florida, where a state agency alleged infringement of registered trademarks. The lawsuit was dismissed for lack of standing, with the district court reaching the conclusion that the enabling statute for the agency didn’t grant it the right to enforce its trademarks. According to the statute, Florida VirtualSchool...
Read more →For a two-week period of time, from July 16, 2012 through August 8, 2012, Craigslist presented users with the following statement when submitting a post: Clicking “Continue” confirms that craigslist is the exclusive licensee of this content, with the exclusive right to enforce copyrights against anyone copying, republishing, distributing or preparing derivative works without...
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