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Copyright

Cohen Law > Copyright (Page 3)

Foo Fighters Copyright Infringement In Australia

The Foo Fighters recently sued an Australian advertising company for Copyright Infringement for using a re-recorded version of “Learn To Fly” in one of their TV commercials. The lawsuit was filed in Australian federal court last week, and alleges that the RE/MAX company made commercials that “incorporate a musical composition… that reproduces a substantial part” of the Foo Fighters’ hit.Nicholas Thiele, regional director of RE/MAX, told TheAge.com.au, ”It’s certainly not the position of this company to intentionally infringe on anyone’s copyright. We’ve got very strong trademark and copyright issues regarding our own brand that we feel are very important.”The band...

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Copyright Litigation May Commence Without First Obtaining Registration

In order to commence a copyright infringement action in federal court, under 17 U.S.C. § 411(a), makes registration of a copyright a prerequisite prior to bringing an infringement suit. But in a May 2010, Court of Appeals for the Ninth Circuit case, Cosmetic Ideas, Inc. v. IAC/Interactive Corp., has held otherwise. The case was an appeal from a U.S. District Court, California Central District case in which Cosmetic Ideas, Inc. sued the Home Shopping Network for copyright infringement involving a necklace. Cosmetic Ideas submitted a copyright application for a necklace, and then sued HSN before getting an official registration from...

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Jessica Seinfeld Copyright Infringement Battle Over Cookbook

Last week, a federal appeals court upheld the previous decision of a lower court in the Jessica Seinfeld cookbook case. Jessica (Jerry Seinfeld’s wife) was sued for both trademark and copyright infringement by Missy Chase Lapine, author of “The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids’ Favorite Meals.” Jessica’s book is titled “Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food.” See the original lower district’s complaint here. It does seem a bit close for comfort, but two judges have now ruled that Jessica’s book is not a copycat.According to Judges Reena Raggi and Peter...

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Craigslist awarded $1.3 million judgment in copyright infringement case

Last week, Craigslist sent a clear message to sites offering third-party posting software. Powerpostings.com, owned by one Igor Gasov, had been offering customers the ability to post (including multiple postings) and manage ads on Craigslist. Craigslist sued them for copyright infringement, referencing the Digital Millennium Copyright Act, the Computer Fraud and Abuse Act, and trademark law. The defendants didn’t contest, and Craigslist was awarded a $1.3 million judgment.In the past, other companies have offered Craigslist posting software, but Powerpostings took it too far. They also offered listing agents, who would post ads for customers, and they used false email addresses...

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Green Day Copyright Infringement of Scream Art

Immediately following a Green Day concert in LA last August, local artist Dereck Seltzer began receiving calls and emails, alerting him that his ‘Scream Icon’ art was being used as the backdrop to the show. Seltzer was surprised, since he had no previous contact with the band. Scream Icon was copyrighted by Seltzer in 2003. When he approached the band, complaining that they had used the art without regard for the registered copyright, they offered him concert tickets in settlement. Green Day continues to use artwork in promotional materials and backdrops.Seltzer filed a complaint in the Central District of Los...

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Copyright Infringement Harry Potter Style

A 36 page children’s book from a now-deceased and totally obscure British author may have lead to Harry Potter. Last week, the Associated Press reported that J.K. Rowling and her publisher are being sued for copyright infringement.The estate of Adrian Jacobs, who died penniless in 1997, alleges that Rowling’s fourth book, “Harry Potter and the Goblet of Fire,” was lifted from “The Adventures of Willy the Wizard,” written by Jacobs in 1987. The trustee of Jacobs’ estate, Paul Allen, is suing for over $500 million pounds.According to Rowling: “The claims that are made are not only unfounded but absurd, and...

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LOS ANGELES COPYRIGHT ATTORNEY FILED LAWSUIT AGAINST CHRIS ROCK

A complaint and later filed Ex Parte Application for Temporary Restraining Order (TRO) was filed against Chris Rock and HBO to prevent the release of Rock’s film, Good Hair, in the Central District of Los Angeles. Plaintiff Regina Kimbell, has already written and produced a documentary entitled My Nappy Roots, which explores the social and cultural issues surround black hair care.Kimbell claims that Rock invited her to the Paramount lot and asked her to bring a copy of her film with the intention helping her with it. But rather, Rock was really looking for research and help himself with his...

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Annie Leibovitz Is Having Copyright Issues

Celebrity photographer Annie Leibovitz nearly lost the copyrights to her famous photography as a result of her default on a $24 million loan. Art Capital Group (“ACG”), the lender, sued Leibovitz back in July due to breach of contract of their agreement. As collateral, Leibovitz used her real estate assets and the copyright to every photograph she has ever taken.ACG estimated that the value of her intellectual property is approximately at $40 million in addition to $40 million in her real estate.Luckily for her, she was granted an extension to repay the $24 million and ACG seems to be in...

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