Class on Sept 6

There will be no class today. I have to go out of town. Don’t worry, we will make it up.

Follow Up to Authorship Discussion

The following article, Copyright Issues for Freefall Photographers, is a good review of the work for hire discussion we will have today.

I recommend reviewing it during your exam preparation. While it is not required reading, I just might use it to draft some exam questions on work for hire.

Unpretty Suit

TLC prevailed in a suit related to its musical composition, “Unpretty.” The plaintiffs claimed that it infringed on the copyright to the song “Make Up Your Mind.” However, evidence demonstrated that TLC recorded “Unpretty” three weeks prior to the recording of “Make Up Your Mind.” Plaintiffs also failed to establish “striking similarity.” See Glover v. Austin, 447 F.Supp.2d 357 (S.D.N.Y. 2006).

Professionalism: Rekindling Greatness

Aaron Thalwitzer, a law student at Barry University School of Law, recently won first place in The Florida Bar’s Standing Committee on Professionalism Student Essay Contest. I am very proud to say (as an adjunct member of the faculty at Barry) that this is the third year in a row that a Barry student has taken home that honor.

His essay is available here.

Music Industry Sues XM

The National Music Publishers Association sued XM Satellite Radio claiming that the XM radios that allow listeners to store individual songs that are broadcast on XM. http://online.wsj.com/article/SB117459929926145965.html

EFF sues Viacom over Colbert Report Parody

Essentially, the DMCA requires service providers to take down any infringing material upon proper notice. However, there is exposure if you send a bogus DMCA notice. EFF thinks that the Viacom DMCA notice was baseless and infringed upon the free speech rights of the video’s producers. They may have a point.

http://news.com.com/2100-1030_3-6169765.html

Supplemental Reading: Don Post Studios v. Cinema Secrets

Pull and review Don Post Studios v. Cinema Secrets, Inc. 124 F.Supp.2d 311 (E.D. Pa. 2000).

You will not be held responsible for this during the August 30 class period, but the case may appear on the exam and ties together some of the principles we will discuss today.

Merger Doctrine v. Scenes a Faire Doctrine

Last evening, Ms. Harchuck asked a question about the merger doctrine vs. the scenes a faire doctrine. Someone emailed me and asked what the difference is.

The merger doctrine prevents an author from gaining a monopoly on an underlying idea. This would defeat our hypothetical scenario of a news organization gaining a “24 hour copyright” in the facts that it gathers in the pursuit of a news story. If the facts and the telling of the facts merge, then there will be no copyrightable interest.

Scenes a faire is related, but not married to facts. SAF keeps commonplace storytelling elements safe for widespread use. (Like the Indiana Jones case).

Reminder – Writing Assignment Due

Ok, I got an email requesting clarification.

The Writing Assignment is NOT part of your regular blog participation grade. This is graded separately (as will a few more over the course of the semester).

I also got another email stating that some of the content is blocked on work computers.

If you had any misconceptions or technical difficulties, especially since my content was not viewable at work, I am sorry. I will extend the deadline by 24 hours to accommodate those of you who may have had some problems.

The assignment is due by noon TOMORROW, 8/29/07.

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