“Hot News” Claim Not Preempted by Copyright Act, says S.D.N.Y.

By: Ian McClure
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This week, a U.S. District Court in New York has upheld a "hot news" claim under New York law against a motion to dismiss, finding that the US Copyright Act does not preempt the state law claim.  The Southern District of New York is entertaining a case in which the AP has filed suit against All Headlines News Corp. (AHN) for allegedly copying and pasting the AP's news stories without expending the resources and time to actually research and uncover the stories.  ... Read More

Categories: Today in IP

Facebook Changes Policy On Content Rights, Faces Scrutiny, and Changes Policy Back

By: Ian McClure
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Facebook's lawyers recently modified its user agreement terms and conditions, and all was fine until somebody realized that a few sentences covering content rights were deleted.  Specifically, a provision that released content rights upon deletion of an account was struck out, and it sparked quite a fury.  Consumer advocacy blog, The Consumerist, phrased Facebook's new policy as "We Can Do Anything We Want With Your Content. Forever."  Facebook's terms of service do assert that "user content" is exempt from Facebook's claims of ownership ... Read More

Categories: Today in IP

Fairness and Politics: Artist Claims Fair Use Over Obama Photo

By: Ian McClure
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Artist Shepard Fairey and his atrorney, Stanford Fair Use Project director, Anthony Falzone, are claiming fair use in the Southern District of New York over the Obama picture that became the staple image of his campaign. The photograph was taken by a member of the AP, and Fairey turned the photo into the creative mix of colors that every American has presumably seen and identified the Obama campaign with. The image was sold on posters, t-shirts, and more. There is no question ... Read More

Categories: Today in IP

Barclays is New #1 Tech Deal Maker

By: Ian McClure
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The 451 Group's annual tech dealmaker report has announced that Barclays is the new king of the hill for Merger and Acquisition advisory services when it comes to information technology deals.  Barclays' own acquisition of Lehman Brothers last fall propelled the British bank to the top spot.  According to the report, the bank worked on the three largest IT service deals in the past year.  Following Barclays is No. 2 Goldman Sachs, No. 3 JP Morgan Chase, No. 4 Citi Group, and ... Read More

Categories: Today in IP

EU Extends Music Copyright Term to 95 years

By: Ian McClure
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The European Parliament has today extended the term of protection for music copyrights from 50 years to 95 years.  Also contained in the legislation is a provision preventing past contractual agreements from deducting new royalties resulting from the extension.  In addition, there is a provision providing for a session-musician fund to be created to which producers must pay 20% of new royalties.  The Parliament Press Release considers a meeting by January 2010 to discuss an extension for audiovisual works, and the extension for ... Read More

Categories: Today in IP

Live Nation and Ticketmaster to Test Anti-Trust Crack-down

By: Ian McClure
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Entertainment giants Live Nation and Ticketmaster are set to merge, creating a horizontal monopoly in the concert ticketing market.  Both companies have sizeable artist management rosters as well.  In a media industry already scrutinized for monopolizing the market, this may be the  first test on the Obama administration's proclaimed anti-trust crack-down. Read More

Categories: Today in IP