Transcript
[0:00] Update number one hundred twenty-nine for january twenty first twenty twenty-one.
[0:10] Music.
[0:16] Hello everybody on welcome back happy new year this is entertainment law update on from los angeles california i am gordon firework.
Can from the dallas fort worth metroplex i am tamara bennett,
and this is our podcast about entertainment longmire each month we put together around up a legal in business news stories and sharpay evans and commentary on analysis and we thank you so much
for being here with us a little different character to the sound of my voice is probably reverberating like crazy
releasing this episode of day later than usual because i've had some
play the innocent man my office studio and.
The walls or barron the drywall is ripped out and we had a flood in fucking the good stuff so there with this for the sound quality this time around and.
[1:05] I will be back to normal next time i'm sure anyway yes i had crazy is in just
all of my computer updating and not going to play nice with how we normally record so so there you go happy new year.
I'm just glad to get to hear hear your voice.
Go through normal program we're both a year older which is better birthdays this month birthdays this month so that's a good thing always good.
Better than the alternative you are we have goodness just before we started what we were scheduled to record yesterday i got an email telling me that we have been ranked number one among entertainment low podcast
feed spot so that's an exciting little bit of both news and thank you.
[2:05] That's awesome yeah i don't even know that.
Yeah that's right.
What is it new years and that means as we are experience january first now a days
a bunch of new works fall into the public domain in this year is an interesting one because it's the year that the works that would have fallen into the public domain in two thousand and one
right before the sunny bonobo terminox tension act was passed now or actually falling into the public domain that's so works by the great gatsby
it's geraldine some works by jane i mean
by jim james some works by duke ellington number of famous works falling in public domain as every year duke law school publishes it's public domain day.
One posted lists and bent oxas about a member of those things so that's kind of just fun.
It's really cool because they have done.
[3:23] If possible they also included a link to that material now available on the internet so on youtube their maybe movies to watch the book available.
[3:36] Archive or google books service,
enough still wanna go purchase a copy of the great gatsby or download a formative copy because you're not getting the easiest to read version.
They're out there in available some things if you wanna watch him,
now you can feel okay about watching the movie actually interested in the upcoming
should be fun to pay attention to anyone.
What will we talk last month about.
[4:21] The copyright what he's been labeled a copyright troll richard leibowitz being sexually disbarred in in the district in new york where he does most of his practice
we have another originally bought case in the news this time from the eastern district
tennessee the cases called castle versus kingsport publishing corporation and
the background is that has become notorious for failing.
How's name of love value corporate lawsuits against meteor conversations on behalf of photographers
mostly related to the infringing yourself photos online i'm gonna talk little more about the case act which deals with this as well and future but anyway his methodist usually been demand a big excessive demand in order to seattle these cases that files
and the green to settle for some fraction of that initial demand
suspended in that southern district of new york but the kitchen case represented the planet.
[5:21] No suits ultimately there is fifteen dollars and twenty cents worth of ad revenue,
generated by the used this photo there is a the kiss fm related to a
possibility of a sinkhole under a spool construction site in tennessee and some members of community became concerned about the sinkhole possibility so one of them
drone and flute of the sitting ducks photos and one of those photos was used at a board of education meeting as a visual aid
and then the defenders publishing company later published the news story about this controversy and use that photograph,
ultimately back.
Hey portal apparently generator about in fifteen dollars and twenty cents and add revenue from web traffic and that kind of thing so the planets sue's under section five oh one of the act climbing.
No authorized reproduction and clean that he would charged up four to five thousand dollars license fee.
Never received any thing approaching that for muna previous photos or anything like that answer the court.
When through the furious analysis a pretty straightforward analysis in this case they said that.
[6:39] Purposing character of the used was reporting on a public controversy so that waiting favor of,
use the nature of the work is in this instance it was you know documentary bit of evidence was not the productive any particular artistic choice or expression my trigger entirely without analysis but also.
[6:59] And then,
sinkholes just don't call them
the police,
yes the entire world
interesting way of putting it that never really heard before that you have to use the whole thing in order for their to be a fairy use not sure,
the fourth factor market five effect on the market for the original value of the original in the court said there was no evidence presented of any potential market for this particular image or this kind of image and.
Are there for the definitely did not use the market for the platters work and found for freddie gibbs.
Give in the costs let the devil in had to beautified the suit over of alton ellis wolves fifteen dollars and prophets
hey portal what's fifty dollars and revenue thinking is the planet probably having to pay some.
Transfusion defense costs a lot of things.
[8:18] So yeah this was.
Rewind it was frivolous and everything else.
Weather at furious or not fair question put to the court but when there so little bit steak.
Two ghost through the motions all the way down interesting that they went through all the way to try or was it in motion for summary judgment or something else summer time yeah you know that they didn't,
have a settlement conversation and figure it out.
Amazing to play little wanderer if they made a.
[9:10] Turn off otherwise yeah yeah situation understand.
Reasonable but low offer of settlement what i've been the way to go
maybe result i don't know but oh yeah.
Oh well sure so we have talked about this new more time star trek mashup of dr seuss' the lorax receives a huge blow from the nights circuit.
I'm dying it all together they may not live long and prosper.
Hey portal lynn all of the references talk about it times going all the way back to two thousand sixteen on which harbour this summer
does that feel like ten years ago yesterdays.
[10:12] Actually one year ago by ten years defender comics mix by dr susan publishing,
wrong quote village parody of doctor susie's children's book oh the places you'll go which is
most people call the gold book and put comics books published star trek mashup and theme on this book which closely mirror decision original
end comic mixes initially victorious in two thousand nineteen march twenty nineteen the district court ranted their motion for summary judgment holding back the years a parade slash mashup.
Set for fairy use doctor susie's copyrighted work and,
as well that the soup enterprise did not have a recognizable trademarking french montana claim and set that this work as it relates to copyright was transformative.
[11:08] That excision was reversed in december twenty twenty the judge writing for the ninth circuit panel film that the baldwin work is,
meeting the new world is not transformative and not a parade and that's not fair use of the work,
the judge wright bold last claim to transformative used rest on the fact that it has extensive new content
meditation of new expression to an existing work is not a get out of jail free card that renders the used of the original work
transformative so they record also look at the four factors and analyzes those for fury used finding first factor of the commercial nature of the work wait against the finding a fairy used to talk about.
Anything average person in the world doesn't understand what the definition of paradise kiss you have to make fun of the original work,
you don't just take the original work it make something new with it has to
help find out the original worker critique the original work com in on the original work in the course did not change your message
the original work to be considered transformative so.
Fails on the first factor for furious seven factor meeting the nature of the arizona work the original suits book.
[12:35] What feeling that way against fair uses well
the court reason that creative works are closer to the core of intended copyright protection making furious more difficult to establish for creative works
how much of the work was taken third factor quantitative leon qualitatively much of the suits original work was used and it wait against them i think they found sixty percent
add the word was used in the new version and then the effect on the market at the fourth factor
also wait against comic mixes defensive fury use.
I claim that the mashup competes with this to original copyrighted work in the graduation gift market interesting.
No nobody go back to me when i graduated but i guess
yes i guess people do that's an interesting argument so all for factors wait against fair use in the court when ahead and also reformed that was not a trademark infringement.
[13:41] I have for the soul smart so
i will we see this go up to another level or will this be the end of this when the night so cool no copyright judgement.
Level of of the the proceedings so doesn't go back to the courthouse for a trial on the question of.
What in frenchman at all and alton ellis damages is it substantially similar may still be an open question.
I guess is the parties were probably settle or take this up on with the supreme court hear it.
[14:26] Yeah i don't know if i don't know that supreme court,
would you write if they're not gonna proceed very special damages calculation of something,
actually a finding of infringement you know if it works i mean one clearly is it almost to the other.
No no.
[14:54] It is over all.
Can feel of agust d a loving feeling hang your hat on that you know that the words of the.
[15:13] Pull up embody in the book art the same the drawings are exactly the same so you get into the question is it substantially similar certainly access is there is it really a copy,
i think it's still question could be put to a jury during this by saying.
I don't think it's actionable infringement.
[15:38] I don't know maybe about that we found the closest sixty percent of the soup work was used
yeah ok never taken directly from the quote heart of the suits work taking this much of the mark without water pixies me without you transformed transformations.
[16:01] Start.
Alright well we probably we will talk about it again when it comes too ruling damages
well we will hear more if we hear more and we will report on it
there's a bold statement gordon anyway well the district court in that big cocks,
communications corporate in frenchman case from a couple of years back now,
the infringement award of a billion dollars against cox so background here is that in july twenty eighteen sony music entertainment.
Alright number for the record company and publisher's suit
the internet service provider for legion infringing ten thousand or more cooperated works
over period of about a year and a half the legend knowingly contributed substantial prophets of rage committed by thousands of it subscribers and the coasters for life for both by carrie and contributory liability for copeland frenchman.
[17:15] They the detail frenchman is it where a person is held liable for infringing active another if you're she had the right and ability to control those infringing activities and a direct,
interested in activities and contributory infringement is weird the party
is liable if here she knowingly induces causes or materially contributes to the infringements of the courtside in rolling on pretrial motion for summary judgment found the planets owned the copyrights in the cox have knowledge
sufficient satisfied contributory frenchman
jury cox was label for both and contributory infringement on all of those ten thousand plus works
set the statue damages at ninety-nine
thousand eight hundred thirty dollars and twenty nine cents per work which came out to just over a billion dollars in a post promotion for new trial the court denied the motion info.
Patch new that again as a matter of love child court.
[18:21] Damn to the party tonight in park and allowed cox to present evidence that some of the words were derivative works and that's why not eligible for the stature damages and then there would need to be recalculate so the issue presented.
Now in this post trial briefing is weather not cox fourth of the right to challenge the number of works eligible for statutory damages by failing to raise the challenger trial.
Weather the court kenny kentucky only involved ministerial action.
[18:54] Cox's look here should be a statue ward for works that are derivative other works in lawson that's a double dipping and they cleaned about four thousand of the works in question are derivative of others in lawsuit.
And planet said never presented and now now face so you shouldn't be allowed to make the argument.
Hey portal said.
[19:19] Entitled the law weather they were divorce was a matter of fact that the jury should've been presented to decide and because they didn't presenting evidence the trial over any of that.
The jury answer that question essentially with what information was available since cox and provide them any information they concluded what they concluded and.
The initial award implicitly necessitated in finding of how many words are derivative,
end the jury found it not words that was a reasonable decision billion dollars awards held and.
Hey portal system termination of weather work was derivative requires extensive analysis and is not a ministry election go back and make it on recalculate.
This is still the trial court talking and i know you think this is something to feel billion dollars.
Trump change your company like clocks.
What i think it's just an interesting arguments so i had a really process through wine.
[20:29] Why can't recover for the river in.
I think it's this question between part of the allocation was for the musical composition and part of the allocation damages hydrogen for the sound recordings.
So if it works.
[20:51] Composition that would make sense that four thousand young pappy early half of the works or derivative.
Put the thing is different people on the copyright so why so i was just a little fuzzy.
[21:09] When will say because i leave it is dolly parton road the song i will always love you,
if one of the sound recordings was dolly singing that so we have the underline musical composition we have version of the recording and then let's say we also have whitney houston's version of the
recording.
[21:33] I don't think the music publisher did they get to recovered publishing damages for both dolly's.
Record a video recording.
[21:46] Shouldn't if there two separate record labels by both been damaged their sound recording was in france.
Yeah i think we have an interesting question for appeal on weather not that finding that,
you can't get steps turn down for conference of a derivative work.
Make sense to me i think you have the same issue.
Answer just,
what is my spirit time austin moon time ticking into that because i look at the cases.
[22:30] Double damages for derivative work but if different people.
[22:36] Yeah that's seem to distance send to vice the creator affordable making a derivative work like you know the additional originality that goes into making a recording of a composition.
[22:48] That seems country bumpkin damages song should be able to get damages for the sound recording.
I don't necessarily think the publisher gets to get double damages just because the same composition where.
[23:10] I'm hoping that's what those prior cases say right well
maybe someone on our team can investigate that a little bit too come back with a subject that's right actually listening to the episode on someone will take that up someone someone excited about this
music operate stuff degrees.
Will speaking of music remember we talked a couple of episodes back about nicki minaj and tracy chapman the lawsuit over minaj use of.
One of tracy chapman samples of tracy chapman tune in one of her recordings as a demo and then after it was the license was refused.
[24:01] I'm so tracy chapman have filed suit back in twenty eight is really long ago alleging that managing friends on the song baby can i hold you sample the song
sorry i made clear the sample with chapmans.
Chapman is notoriously known for prohibiting samples after works and apparently there's a unread do not sample list the producers and then composers.
No about refused to allow the sample.
End the song was excluded from the album when a woman is released the album queen because that like a clearance bot at some point.
Hey demo of the song end up in the hands of radio dj funk master flex who then leave to the song on the radio and consequently on the internet.
So
[24:55] California courtney central district california judge determined and summer judgment they had a fairy use right to use the song in the studio for experimentation because it was a limit
creativity and stephen elevation in the music industry and this is so this was a minor win for nicki minaj but significant questions surrounding the league.
I'm just using the song stay open questions now.
Will stay that way because because there's been a settlement documents chapman accepted a seven offer from the mage.
The tune of four hundred fifty thousand dollars when reach for common chapman noted that she was asked to clear the sample numerous times and politely
multiply unequivocally said no and social is left with no choice but but litigation.
What other manage avoids potentially harmful facts from coming out over weather not the week was intentional.
Chapin avoids the cost of location on the possibility the finding you perhaps love furious so.
That's a dream infinite was worthless than this four hundred fifty so settled interesting that.
[26:13] This idea that maybe nicki minaj did this intentionally i wanted to you know.
Chapman's something happened.
Or maybe it was to say hey this gets out people love it you approve it.
[26:36] Who knows in north window nicki minaj had anything to do with the with speculation speculation really know who's paying the four hundred fifty thousand dollars.
[26:52] Good point.
[26:54] Turn completely don't know exactly who's cutting the check or if anybody's being indemnified on this that's right,
well lets move on to our next story this is the stars mgmt,
over over the exclusivity i think we reported on this previously right.
Yes talk about it remember we die stars lawsuit last may
cleaning media god dexclusive right to exhibit four hundred twenty one mgmt movie and television episodes the library including
james bond movies bill and ted's excellent adventure bull durham rain man feldman louise mad max the terminator on a bunch of weathers anyway so appalled was an exclusive deal and mgmt
maybe a similar exclusivity deal with another exhibitor a couple of years later
so in august twenty nineteen one of stars employees discovered bill and ted's excellent adventure play
discussions suit suit lawsuit.
Is this love that bill and ted's excellent adventure is what trips this up they won't be each other.
[28:23] Anyway mgmt.
Set on the table for two long before taking action because it again the exclusive deal happened in twenty thirteen and
wasn't until twenty nineteen before they discovered the issue are you believe they should have discovered mgmt the judge
look at the recent case lost in the cold arena about timeliness including that patrulla eighty one bull supreme court case that said the latches defense couldn't bar damages claims,
three years.
We talked about the episodes forty-five forty seven fifty and sixty-two so no more on damages claims for three years proceed in the city another.
Play was mozart.
[29:25] Question of the weather players can recover for infringements occurring prior to three years if they only belatedly discover the injuries and the second circuit court of appeals,
ruled we talk about this case versus glowstick episode hundred twenty one second service road bad newly discovered injuries aren't time bard but releases limited to the three year old look back window,
so we have a judge out here in california judge judy writing.
[29:56] The best read petrel is that i did not change any lonely nights circle pertaining to the discovery rule and three year damages bob marley reaffirmed the rolling approaches general bar to recovery.
Outside that three year period.
Letting stand the nights secrets exception for the discovery ruin some absentia definitive statement from the ninth circuit of spring part of the country,
discord will continue to play the discovery rule as an exception to the damages bar.
Pause by section five seven mgmt frenchman secured more than three years before.
March twentieth that march twenty four twenty twenty which i guess was the filing date.
[30:37] Those are barb purcell from recovery if stars didn't discover them and it felt your to do so was reasonable under the sea com stances.
[30:48] Weather that was reasonable should have known about the breaches sooner the court says he answers no comprendo hold her has a duty of diligence to investigate potential infringements.
Important notice has to be triggered by some event or series of events that comes to the agree parties attention
no factor alleges that would give stars reason too suspect that mgmt breached it's exclusivity applications when stars did detect smoke in the form of bill and ted's excellent adventure it quickly discovered the fire and properly filed suit
three hundred forty and french fields the dutty love diligence doesn't created duty to continuously monitor license or to ensure compliance with it's applications
any reason to otherwise suspect preach log doesn't inject paranoid into the lessons or license relationship and love that line.
I'm so the microphone clipped out just a little bit i do want to clarify that.
I'm reading this to say mgmt in french music curing more than three years prior to date filing suit are not
pursue bard from recovery stars did not discover them.
Purse barr they might be able to recover from them.
[32:09] Yes i miss reddit it wasn't the microphone clip out i didn't say the word not gonna catch.
[32:18] I'm gone with the microphone clipped ok alright.
I was space we are excellence one another that's right the act take this one.
[32:35] Yes this is exciting and scary this is this is my response to the twenty seven
part of the.
Big push covered relief act that went into effect on december twenty seventh and so it's been in.
Propose legislation for years and years finally passes it's the acronym for a bill called the copyright alternative in small claims in fort smith act
add twenty nineteen it create a three judge tribunal called the copyright claims ford at this is within the us copyright office
add the judges are appointed by the register copyrights and it will handle small claims.
Copyright matters because federal courts have exclusive jurisdiction over copyright and.
[33:34] Federal legation is expensive mini professional creators and small businesses can't afford to defend reinforce their right through you federal court so this is been the reason behind pushing for this app.
So the cbs needs to start operation within one year from creation which will
play december twenty twenty one with pandemic
there's been at least six months extension so we probably will not see any cases happening until june two thousand twenty two i also spoke with a colleague of mine that's gonna be in boots on the ground
with this saying that they probably will not even start the process of looking for,
people to fill the role of the judges till six months from now so.
[34:26] And again hozier pointed by the library of congress so what are they gonna hear there the courts gonna hear in frenchmen claims there also gonna here deck actions of nav in french mont
they were hear ttng edm takedown notice challenges not i think this is an interesting
play for that to fit into it makes a hawaiian since for me that that that falls into that category so infringement
check actions of not in french meant did mc related take me on and counter notices are gonna fall under their
add jurisdiction at least a hundred dollars feat file a claim so what has to call something but it doesn't wanna be discouraging you don't have to go the route of using the cbs if you still wanna file in federal court
what you are limited damages awards so the maximum
start story damages is gonna be fifteen thousand dollars so if you can meet all the requirements that would allow you to receive statutory damages that's the max maximum
actually damages is thirty thousand dollars so there is a cat.
[35:40] Matt procedure's sounds like they're going to be a little.
More lenient from evidencias.
[35:59] Add ccr have the thirty dismiss previous claims they could award returnees face up to five thousand dollars.
Forks strawberry circumstances they can limit the number of cases eight cases a personal institution bring in a year,
that sounds good prohibit bad factors from falling cases against give them a one year bar you can't file anything.
Hey this fits into the prior case we were discussing with the attorney who might be filling lots of previous cases that that's my biggest concern is.
[36:35] The.
Lawyers who sings these demand letters because he knows maybe it was me mistake not that image on your website and didn't get a license immediately take it down.
The value of that infringement is probably three hundred dollars.
[36:58] Yes you know i don't know we gonna see your real uptick or will the cctv judges.
[37:08] Shut shadows kinda things down it sounds like they may have the authority to do that if you're filling lots of lots of claims
i am i think i'm a fan of this overall but i do have some reservations as well as one of them if it is an optional
no it's a party out of it say no to this let's go to court let's go to big boy.
[37:34] Is this is it really gonna be utilized much as i just gonna be an extra procedural hurtle for some places who would otherwise feel.
[37:45] I know you know maybe give me a chance to get something recovery without investing tender hundreds of thousands of dollars over.
Relatively small
yeah i know the photographers organizations are excited about this because people use a photo on their website they don't know and you know it shouldn't cost you ten thousand dollars just to get.
[38:10] You know that.
If this small claims procedure's user friendly enough that people can do it on their own without lawyers then maybe it will be a good.
[38:27] How long form of alternate just resolution innocence i think so i have clients who are photograph version their like we just wanna go down i found this at the small claims court i might.
Yeah you're welcome to do that here's why,
it should be kicked out the local small claims court county
set a station over claim for copyright infringement a few maybe some how this was you had a contract.
Nail there's a route to to do this i know i have a couple of of friends and clients who i suspect are gonna jump on this once it's available and i'll be interested to see,
update they are more than seven after represent themselves in this kind of preceding.
If it works well i wonder if if i fall suit filed or or threatened for a while is the deck action side of it is the way you do this but it is someone stealing for relatively small some.
Does the defender have an opportunity to say hey wait a minute this belongs in the case.
[39:43] Claims board proceedings and then you on the planet but still having changed up out of it i guess but
we don't need to go this path
i don't know episodes of our talked about we need some kind of a parking ticket approached.
I think this is a step in that direction of the challenge.
Really get something running if it gets up and running so i think it's really interesting.
I just think it's from a legal standpoint meal my lawyer brain thinks it's fascinating to see how it's going to work into.
You and i,
normally interacting with people who we have claims that fit into this category i have a client who doesn't fit into this category
because that's what they need to pursue that and over the years i've had clients like that hey you know you really need to play somebody lied otherwise
will trying gosha the settlement here.
[41:05] I feel like attorney's like you and i probably have a really good handle on how those working the real world how do we help.
[41:15] Yes.
[41:20] By detail that it becomes hard for a planet with a small claims too.
Two pursuit in this method you know i'm and then lawyers on one side you need lawyers on the other side and so unlike small claims court most places
i don't i don't need anything that says you cant use a lawyer consequence so i made just be another.
[41:47] I think that i don't think restriction or.
[41:58] I don't know that the chiffons courageous suggestion here's what put in the suggestion box make this easier,
when paling a copyright application good point point.
[42:15] You know i hate it,
here's the other thing i said before following procedure,
i don't know the answer that video games like you have two step number one,
byrd in a message furious defense claims handle by people who don't know how to.
Make those kinds of claims in this defensive and saying another another bureaucracy.
[42:55] No smart people involved at the kovert office will figure out how to.
How to design so that it works and hopefully that easy for people to use and there was another.
[43:08] Happy right related law that was passed in that last minute,
bill at the end of the of the twenty twenty so i lost my face lawful streaming act was past.
This song locked created new section two three one nine c of title eighteen of the us code protecting lawful streaming act.
[43:35] Include this is gunna part of that consolidated
creations bill that included the six hundred dollars belief for koven those games like this is,
is that u2 close a loophole that's existed for ten years the felony streaming loop all the losses
applied to people person's willfully and for purposes of commercials advantage or private personal game offer or provide.
To the public digital transmission service that is primarily designer provided for the purpose of publically performing copyrighted works without love authority via digital transmission,
end has no commercially significant purpose or use other than publically perform cooperated works without
hey portal digital transmission intentionally promote the services used in publically performing cabaret it works without bella thorne transmission so really were saying.
[44:39] I want there's a lot of alarm is about this as it was getting ready to be signed
passed because the the twist users on youtube as well afraid means of muse piece of music on now gonna be subject to a felony and clearly that's not the intention.
Yeah you know when there's a service that is in the business of streaming
contact without you here in the business of doing that we their subject to a felony claim which has existed for other forms of willful,
just copying just not for public performance copying.
[45:17] Set that yeah yeah yeahs and it's funny that just triggered wrote whole memo about the
not the streaming portion but when this felony pushing came into play at one o'clock for the radio so
sorry just triggered trigger to me another part of this,
relief package that passed and white mentioned this in our december rap saved me stages which has been renamed to the shutter ben new
venue operators grant and it is money for venues and it's not just music venues is much brother definition including theatricals
as well as including movie theaters so.
[46:13] If you represent or are involved with any venues that has had to close their doors during covet you need to take a look at this the specials is running.
Distribution of the fans they have a very brief ten eleven minute.
Webinar that's up on their video that's up on their website or youtube channel i would say go take a look at that i know or texas music office is doing a webinar on
friday the twenty second of january so if we get the time you can go watch that live or,
look for a recording am sure other organizations are posting them as well it's one of these you have to do in either or you potentially could qualify for new paycheck protection funding
war
the shattered venue grant can't take back if you're venue operator so you need to figure out which one makes the most sense for you moving parts on the today
lower paycheck protection was also included in the covet relief one of the qualifiers for that is you have to show anyone quarter.
What you to twenty five percent decrease in revenue from my think the prior year.
[47:31] Set you may not venues my qualify because they had that but maybe they don't are paying payroll anymore so i'm trying a grand that is not.
[47:44] You have to pay back so it didn't take take a look at both of those is part of the kovert relief
past on december twenty seventh one more love passed at the end of the term and was signed into lose the trademarked modernization act.
This makes it easier for trademarking to get inductive relief basically
previously course required prove it from further now modernization act frenchman enjoys the legal presumption that the harm caused
will be a reputable so this sings sailing creases the likelihood the treblemakers will be granted that and juanka believe it also requires that.
The usb implement new procedures to allow third parties tomorrow regulate challenge pending applications as well as the challenge issues registrations that might be spurious this obviously comes up from the
do not a flood of.
[48:50] What's trademark registrations brought by people from china one point were doing it a lot of the office has implemented some procedure's make that.
How to do but there's all of these markets now registered that are you know.
Questionable evidence that third party submit for concentration examination of a pending application.
As well as the streamline procedure the challenge registrations that are in place
also requires the game of the governor accountability office to study the problem of false and accurate claims of use in trademark applications and reports congress with recommendations of changes to the law to improve accuracy,
what else.
Also new feist implemented of january second and not gonna charge of future registrants who wanna maintain a renew.
Registration but they asked remove certain goods or services from the registration due anonimus so that's interesting.
Can i was kind of okay with that you know so i think,
maybe that is looking forward as word rising our clients to.
[50:13] I don't think hard even though you maybe using it let's say you are it's actually use on all of these variety of goods and services.
Do we really need to follow application for all these things one that there's more money now obviously there's gotta be more to life tain it.
I don't know as long as it is not as much is the fee to maintain the class
if they want to charge fifty dollars to delete the class at i think that's ok ministry function.
[50:50] End the leading i don't know i don't it gonna kind of our group to see what.
Various opinions have been on their app
you know the handbags just turned selling so we're gonna stop that line of business and you know when it comes time to renew they they don't need the end shouldn't renew.
Three classes they should drop on but if it's gonna cost them to do you know that doesn't cost as much but don't want to clean up the craft by allowing them just drop one.
I think we do so i think it.
It hot to be normal i need to be able to tie to some reason for administration not just working a charging i think we're administrative.
You know ten different kinds of goods within a single class you know t-shirts and sweatshirts and i don't even know if they're all in the same thing and you're really no longer doing sweatshirts anyone delete that from the list of goods
the class.
[52:09] Hey portal list of godzilla included.
[52:15] Yeah i told you another one change and i don't know if this came up
how is part of the implementation of the tmt or just timing why is now in new file
make new filings and use submit your specimen there is a field if it is a screenshot above album website to actually include.
The line in the application or for the new filling your making where is we have.
[52:52] Turn for some amount of time for the last couple of years again this tyson two trying to fight erroneous specimens put the exact
link to the website where can took the screen shot when you access it so and so far
yes anyway there's a field for that now and if you submit more than one screenshot you can include more than one link i think
doesn't it's not really set up that way but it's just a text field so will see if we get some push back because we included to links because they won't.
Two different feels so good.
I think we used to see me collateral see if it works the best practice has been to do that in the description of the
the spaceman field anyway and and orgy actually include the url and the date
the screenshot itself so that evidence obvious from the look at that butt i got this does definitely clean things up on.
Is it possible includes database so that it's searchable useable another way later on it's good.
[54:13] Increase the fees for craig mack registrations all the way up on january second so as your.
Trademarks baby be mine charger clients enough i don't think it was such an extravagant
update that i need to know what's more i don't know personally from my practice i didn't flat famous to this works
i just a assuming.
[54:42] Increase the difference.
I have a flash flood gonna have to make sure you get got that built in you know you're definitely no that jeremih is going up on that falling in reverse hundred dollars.
The things that you really but i did notice one one from like.
Dollars to three hundred twenty dollars or something like you should look at that one more closely
really just designed to address you increase costs expenses
the office closed the office one of the few government agencies that's basically self funding is not right now.
[55:39] I think that's correct i mean they they make they have to pay for themselves so.
Anyway pay attention to the future if you're doing this gonna work,
netflix and hulu have been delta kind of a.
Troubling laws relating to taxes and nf facebook by states and municipalities the missouri judge has made two significant findings in this streaming service
ruling against the motions dismiss brought by netflix and hulu the casin questions filed by the city of craig cool and hope i'm saying that right missouri
on behalf of a classroom blues at least forty different municipalities in the state city is sinking to require streaming services to pay fees to the municipalities under the
video services providers act,
set the city has to support the claim streaming services
no more specifically satisfied conclusion streaming services don't fall for it exception.
[56:50] For programming delivered over the public internet because their content delivery systems effectively bypass the public internet,
because they keep the video programming with the energy directly connected to the private network of local h isp's that's right understand exactly that but.
Trust the judge did the second significant the services cant use the internet,
which bars discriminatory taxes on electronic commerce as a shield to avoid the video service providers act the judge from with a purpose of that statue,
is too prevent taxes specifically targeted ecommerce where is missouri 's flaws technologically neutral.
It doesn't specifically target electronic companies just video service providers are used to public right away so that's really here comes down to this idea that the internet is a public right away you know the wires or privately owned.
The most part right again i don't understand it.
[57:57] Cable companies were digging
right away latest cable and the municipality.
[58:15] If i'm watching netflix and hulu and cut the cable.
Getting that revenue should i receive that same.
Percent of revenue from netflix and hulu and other providers like that.
I don't think they meet the definition i think that's the question and these are state laws in local municipality regulation so there's no overarching federal.
Radio station seems a little double dipping this is this is content.
Internet service weather is a telephone fiber optic cable or,
no tv whatever it is that company is still paying those local taxes.
[59:11] Just man on a wire it is only for you user basis but recently people are only needing one instead of two of those now and i guess some of these cities were charging one feat for.
Internet provider access another fee for tv video content stuff so they are trying to you know to,
repeat the last from the cut the cord.
What date is data a bit is a bit weather it's provided by netflix or google or the library of congress or whatever the you know it the expensive delivering it is the exact same the used of the public.
Call the public god right away is exactly the same so it does fuel little bit.
[59:57] Discriminatory to charge attacks to netflix and hulu if you're not also charging these taxes to.
Number project or wikipedia for google.
Example target so.
[1:00:17] This is the trail court earlier motion to dismiss face so we're gonna see more location on this but it is a.
Hello to these companies on your list in the state of missouri will see what other,
instructions do about the sun my guess is this will be able to fight it goes on for a long long time and we talked about it again for tomorrow.
[1:00:41] Hey portal raised first amendment arguments hero heroine texas on our own going case regarding free speech in the the feels burden up netflix and it's subscribers so.
What is netflix some different than the new york times dot com,
i need information.
Give energy entertainment video now different forms.
So it's,
i think it's opens a dangerous door for municipalities too for governments cities counties whatever too.
Just start charging.
[1:01:30] User based feist for any subscription service offered via the internet not just money the active is a video providers act right but.
I guess i'm trying to figure out the situation when this truly triggers so.
[1:01:47] Yes we still pay stub front we pay for gable pay for cable.
Enable am butler pandora within that is our internet access bitch ion stream netflix and amazon prime.
Any hulu but i don't pay for hulu because i also pay now t-mobile
yes for my telephone serve for my email cellphone's dead playing for my access so situation where
who lionel pay for cable i don't pay for internet i just had.
[1:02:32] Cellphone service and i'm streaming me who are they attack who who is
play user that they're not getting their money for least having internet in the house
play your cable bill your service bill let's just called that there is attached that's a tribute to the video service provider whatever it is and there's an.
That allows the city to charge for video service another one that allowed him to charge for data service but if you cut off the video service now you're only paying for.
The data and their not no longer collecting that video.
Ok the time be used to get from the capable server cable providers watched you know,
one time works separate companies from the telephone company that was providing before internet right so.
Maybe we have someone out there listening you can shut a little more light on this but,
lost one of their revenue streams from at least of a good chunk of the subscribers.
No longer doing it but didn't they also lose that rednex dream on people switch from cable to direct tv satellite tv.
[1:03:58] I think there was litigation about that yeah cellphone.
Says for your access is is wireless i do think that if the cellphone companies electing antennae in the city it's collecting a female.
So you know.
[1:04:18] I got it the cities are getting the pinch but there also not rendering the same level of services because you don't have two sets of wires you don't have trucks going back and forth and then.
Turn pictures of the pool digging holes in the ground and those kinds of things as much cuz it's only one set of cade.
That's right sounds interesting yeah we've got somebody who's this is their thing comes doctor mateo information.
[1:04:51] You know what homes case you're talking about this a little bit.
State of sir arthur conan doyle's,
netflix film nola holmes the freshmen and trademark fillion claims based on me this new character that had components of the sherlock holmes character that only developed later in.
Characters evolution the in the works that were still covered by copyright and so we're planning you know that.
Does components where in frenchmen to end now settled the case and so we won't get an answer they still just before christmas and no details of the terms of the settlement but the final stories by.
[1:05:45] Well-founded public domain in the next couple years by by twenty twenty three so.
The state probably won't have much to say it a list of the copyrights space after,
play twenty-three still be some trademark hands of things that live come up but i think the sherlock holmes character is gonna be pretty much fair game just couple years from now.
There you go and we've been watching this pretty much the whole time we've been doing this podcast we've been talking about sherlock holmes,
infringement cases interesting retrospective episode it's all over questions about.
Well i mean us doing this inspired me to go back and read sherlock holmes.
[1:06:35] Didn't smart me to go back to bread watsky anyway,
the new companion of father practices that will be it's not actually available yet its a few days away so we will be reporting more on that
next month but in the meantime there's a link to the federal district notice about the new new compendium coming out and.
Will be sure to bring you money is about that want to the actual compendium is available have a link and that's gonna do it for this episode of entertainment loft date.
[1:07:11] Let's see thank you to all of our loyal listeners thank you so much for spending your time with us we can make sure attention and if you have feedback for us if you were talking about any of this stuff we talk about leave a voice message widget at entertainment law update dot com or
email gmail dot com.
No directions at the handles at an update and timer tell us how we can get a hold of you,
you know what folks can find me almost social media sites at
tamara bennett my website is tea bennett lol dot com or create protected dot com i notice that you and i both have just
join the new social media platform what's audio only called clubhouse so if you're on clubhouse lettuce now and we will figure out how we connected their i want to shoot out and give a big,
congratulations to one hundred former contributors lisa.
[1:08:17] For passing i know that tennessee bar i feel like she also passed another bar,
do i don't want alyssa if i don't remember that
but she's been a great great help us over the years and wayne wonder missing not saying that last month and she has written some great articles that she sent to as well so anyway we're excited to see her start her next step as
cancel license to chill in nashville people if you need a great liar let us now
congratulations listen welcome to the profession officially is cameron i can say anyone
yeah that's right so it's true
let's say thanks for marc benjamin haley mccullough elizabeth lander
annapolis and brenna albert orbital scuse me all contributors and help us out with a show and.
Things that doesn't do anything else you want to add before we wrapped up let's hear happy new year to everyone.
[1:09:28] Music.