Sheila House
Podcasts I’m blogging about this week are:
Podcast 1: Entertainment Law Update Podcast
Episode 32: Lawyers, Libel, Logos and Lolipops
Host: Gordon P. Firemark, Esq. and Tamera H. Bennett
Podcast 2: This Week in Law (Scroll down to watch this show)
Episode 178: HTML5 Saves Democracy
Hosts: Evan Brown & Denise Howell
A wonderful thing about this podcast, Entertainment Law
Update, is that it is well organized on a Web page with links to details on
each topic and story covered. The
hosts of the show are Gordon P. Firemark and Tamera H. Bennett. Mr. Firemark’s
law practice focuses mostly on aiding artists, writers, and above the line
talent such as producers and directors.
He is also the go-to-guy on matters of cyberspace and new media. His B.A. is in Radio, Television and
Film and he earned his J.D. at Southwestern University School of Law. Mr. Firemark is also a professor of,
Business Law, at Loyola Marymount University and California Institute of the
Arts.
Ms. Bennett’s legal focus is on intellectual property and
brand management. She is practicing
law in Texas and Tennessee. Her
specialty is the management of music publishing catalogs. She has been involved
with several industry related boards, publications and did a stint in teaching
at Dallas Baptist University. She
is also the owner of Farm To Market Music, LLC that is aimed at the music
industry. Ms. Bennett earned he J.D.
from Texas Wesleyan University School of Law.
One thing that I really like an episode 32, is the story
about Canada updating the Canadian copyright protection law. Apparently Canada
was in need of better piracy laws. Now the Canadian law is stricter on digital
locks, and enforcing copyright protection on CDs and DVDs. Another improvement
in the Canadian copyright law, is a fine of $20,000 for people who use
copyrighted material for commercial use. Anyone using copyrighted material for
noncommercial use can be charged as much as $5000.
Because a production company needs to keep up on copyright
protection as well as use of trademarked material I’m happy that this episode
includes a discussion on the 11th Circuit Court’s ruling in a
case. In the case, University of
Alabama Board of Trustees v. Daniel Moore, the Board went after the painter for
a license on the use of the schools athletic teams in uniform. The 11th
Circuit Court ruled in favor of the artist. The opinion is that the paintings
fall into free speech and thusly protected by the First Amendment.
THIS WEEK IN LAW: EPISODE #178, HTML5 SAVES DEMOCRACY
My other Podcast
I’m looking at this week is, This Week in Law, hosted by Denise Howell and Evan
Brown. Ms. Howell is a lawyer in Newport Beach, California. She earned her J.D. at UC Berkeley
School of Law. Evan Brown works in
Chicago and he graduated with a J.D. from the University of Denver College of
Law.
The episode, 178, features guest Roger Skalbeck, a professor
of law at George Town University and Tech lawyer, Rob Hassett, and Evan Brown,
intellectual property & technology lawyer.
This episode also reviews the new Copyright laws in
Canada. Ms. Howell points out a
difference between US law and Canada’s law that requires a, “take-down
notice.” Evan Brown,
internetcases.com, thinks it would be helpful if the US followed other
countries updates to their copyright laws. Brown suggests that digital media
be thought of as “access right.”
Anyone who has a production company, hires writers, is a
writer, should understand copyright and trademark laws. Having some knowledge can help prevent
trouble for the company and the writers.
TOPICS FOR THESE TWO BLOG EPISODES
Topics
In episode, 32, Entertainment Update
Podcast, the topics are:
<![if !supportLists]>1.
<![endif]>APPEALS
COURT TO RE-EVALUATE UMG V. VEOH IN LIGHT OF VIACOM-YOUTUBE RULING
THResq:
http://www.hollywoodreporter.com/thr-esq/viacom-youtube-lawsuit-334889
IPDuck
– Links to briefs: http://ipduck.blogspot.com/2012/07/further-briefing-in-umg-v-veoh.html
2. JUDGE
BLASTS UNIVERSAL IN EMINEM ROYALTIES CASE RULING
3. SONGWRITER’S
FAMILY SEEKS ROYALTIES FOR “ON THE GOOD SHIP LOLLIPOP”
Nashville Post: http://nashvillepost.com/news/2012/6/21/famous_songwriter_s_family_seeks_royalties_for_on_the_good_ship_lollipop_others
4. LADY GAGA
BATTLING COSMETIC COMPANY OVER TM
5. CANADIAN
COPYRIGHT LAW UPDATE
6. 11TH
CIRCUIT: ARTIST’S USE OF TRADEMARKED UNIFORMS AND LOGOS ENJOY FIRST AMENDMENT
PROTECTION
Likelihood of Confusion: http://www.likelihoodofconfusion.com/11th-circuit-real-iife-not-endorsed-doesnt-need/THREsq:
http://www.hollywoodreporter.com/thr-esq/court-ruling-team-uniforms-trademarks-3363127.
7. FUNNY JUNK
V. THE OATMEAL
The Globe and Mail: http://www.theglobeandmail.com/technology/digital-culture/social-web/the-oatmeal-vs-funnyjunk-an-online-morality-tale/article4350216/
8.
TRAVOLTA
AND SINGER SUED FOR LIBEL
Defamation Law Blog: http://www.defamationlawblog.com/2012/06/articles/defamation-basics/travolta-singer-sued-for-alleged-libel/
9. SUPERMAN
ANTI-SLAPP MOTION – WARNER BROS. V. TOBEROFF
10. MAKERS
MARK WAX SEAL GETS TRADEMARK PROTECTION – SIXTH CIRCUIT
Food Identity Blog: http://foodidentityblog.com/2012/05/09/sixth-circuit-upholds-trademark-protection-for-makers-mark-red-dripping-wax-seal/
Reuters: http://www.reuters.com/article/2012/05/09/makersmark-seal-lawsuit-idUSL1E8G9G2U20120509
11. COPYING
THE “LOOK AND FEEL” OF TETRIS CONSTITUTES COPYRIGHT INFRINGEMENT FOR IPHONE
GAME MINO
12. WHAT WHAT
(IN THE BUTT) CASE – DECIDING FAIR USE PRIOR TO DISCOVERY
Ars Technica: http://arstechnica.com/tech-policy/2012/06/fair-use-gets-stronger-thanks-what-what-in-the-butt/
Techdirt: http://www.techdirt.com/articles/20120607/17481419243/big-victory-fair-use-via-south-park-what-what-butt-numa-numa-afro-ninja-et-al.shtml
In Episode #
178 of This Week in Law the topics are:
Topics
<![if !supportLists]>▪
<![endif]>Content
ID for Streaming
<![if !supportLists]>▪
<![endif]>The Algorithmic Copyright Cops: Streaming Video’s Robotic
Overlords via
Wired
<![if !supportLists]>▪
<![endif]>Ustream suspends
Vobile DRM amid outrage over Hugo Awards takedown
via The Verge
<![if !supportLists]>▪
<![endif]>Evolution
of Licensing
<![if !supportLists]>▪
<![endif]>iTunes
Licensing
<![if !supportLists]>▪
<![endif]>Bruce Willis
fights to leave his iPod tunes to his family: Actor considering legal action
against Apple in battle over who owns songs downloaded from iTunes via The Daily
Mail
<![if !supportLists]>▪
<![endif]>Bruce Willis to
take on Apple over iTunes inheritance [updated]
via CNET
<![if !supportLists]>▪
<![endif]>The Price
of Creative Commons
<![if !supportLists]>▪
<![endif]>Publisher makes
authors pony up big for Creative Commons publishing via Roger
Skalbeck Google+
<![if !supportLists]>▪
<![endif]>Copyright
Office Update RE Yoga Suits
<![if !supportLists]>▪
<![endif]>Bikram Choudhury
continues to press copyright claims in hot yoga routine via The Knock Off
Economy
<![if !supportLists]>▪
<![endif]>Grooveshark
<![if !supportLists]>▪
<![endif]>Google
Reinstates Controversial Music-Streaming App Grooveshark via The Wall
Street Journal
<![if !supportLists]>▪
<![endif]>FB and
Family Law
<![if !supportLists]>▪
<![endif]>Family Court
Says Facebook Photos of Grow Operation Wrongly Admitted in Termination
Proceeding – In re A.D.W., et al. via Eric Goldman
<![if !supportLists]>▪
<![endif]>Louboutin
Prevails
<![if !supportLists]>▪
<![endif]>Louboutin Wins
Appeal in the Trademark Case of the Red-Soled Shoes via TrademarksandBrands.com
<![if !supportLists]>▪
<![endif]>http://www.scribd.com/doc/105125764/Christian-Louboutin-S-A-v-Yves-Saint-Laurent-America-Inc-11-03303-cv
<![if !supportLists]>▪
<![endif]>There's
not an app for drone tracking
<![if !supportLists]>▪
<![endif]>Apple, Summoning Its Mighty App-Squashing
Powers, Spikes Drone Tracker via The Atlantic
<![if !supportLists]>▪
<![endif]>Free
Speech as Competitive Advantage
<![if !supportLists]>▪
<![endif]>3rd Party
Camera Control
<![if !supportLists]>▪
<![endif]>Apple Moves One
Step Closer Toward Location-Based Camera Disabling via PetaPixel
<![if !supportLists]>▪
<![endif]>JOBS Act
and Crowdfunding
<![if !supportLists]>▪
<![endif]>First S.E.C.
Rulings Launch Crowdfunding with Accrediteds via Forbes
<![if !supportLists]>▪
<![endif]>SEC Uses JOBS
Act to Set Up New Roadblocks to Crowdfunding via Venture Beat
<![if !supportLists]>▪
<![endif]>Magnatunes
"Digital Music for Libraries"
<![if !supportLists]>▪
<![endif]>Magnatune
discussed at "public library trends" meeting via Magnatune
<![if !supportLists]>▪
<![endif]>Tip of
the Week
<![if !supportLists]>▪
<![endif]>Cartoonify Your Antitrust Briefs
<![if !supportLists]>▪
<![endif]>http://www.abajournal.com/files/AppleAmicusBrief.pdf via The ABA Journal
<![if !supportLists]>▪
<![endif]>Faced with a
Five-Page Limit, Lawyer Files Cartoon Amicus Brief with Proper Font Size via The
ABA Journal
<![if !supportLists]>▪
<![endif]>E-Books
Pricing Settlement Approved
<![if !supportLists]>▪
<![endif]>Resource
of the Week
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