Transcript
[0:00] That's entertainment number one hundred thirty two for april of twenty twenty one.
[0:09] Music.
[0:14] Welcome to entertainment lapdance from los angeles california gordon firework.
I am from the dallas fort worth metroplex tamara bennett so glad you are here today for this episode of the show.
We got a couple of cases to talk about and it should be good ones so thanks for being here.
This is our podcast about entertainment law where each month we pull together around up of legal in business news stories and sharpay evans and commentary analysis and
happy anniversary timer at this is the april addition for twenty twenty one we started doing the show together in april of twenty two thousand nine oh my gosh twelve year anniversary,
ok so this will be good so it's our twelve year podcast anniversary
and then my husband and i april is thirty one year this year we just celebrated thirty-one year wedding anniversary
help years a podcast in fifteen gordon because i don't say it enough of people don't hear this enough.
No if it were not for you i would not have twelve years old cast because.
[1:32] I am not the technology log in this conversation so thank you thank you thank you for letting me
be apart of what's become are entertainment update podcasts started.
Do you know it is working we have a team of people who help us play together smart information,
it's so worth it i am i learn so much
i don't think i would be ahead of the law or on top of it was better lawyers cause we're staying on top of the stuff and we're we're not just reading the you know that case
information about where actually that alizzz and talking about it and turn it around her hands so to speak and getting a good look at think so it's.
That's a very beneficial do we have some big stuff to talk about this episodes let's just jump right into it
the supreme court has made ruin just a couple of weeks back now after a decade vacation almost slipped
do in the podcast ten years liberation with cee lo in the case of google versus oracle in which oracle accused.
Google of infringing it's copyrights in it's java.
[2:59] Operating system app i code to help win win google want to build the android operating systems so let's do a little bit background on this and it will go it in two thousand five,
google acquired a company called android that was developing this
the software and they went on to build this platform for mobile devices but in order to allow programmers who are already familiar with the java programming language to work with this new android platform
copy ruffling eleven thousand five hundred limes of code from the java program which is ok computer platform that uses the,
the java computer programming language so oracle is the successor too soon microsystems which at the time.
Developed in the javad system so oracle now is the corporate owner of jabba the lines that google copied.
[3:57] What part of something called on application programming interface or app is this is a module of the software that allows programmers to call on a vassy library of prep written computing code the cars out certain complex tasks it's it's a kind of object oriented
computer programming codes very simple samsa programmer just centuries a simple command known as a method
open the system what becomes of shortcut to him usually fairly complicated piece of code that carey's the.
Implementation the implant it's called employment encode actually does that task and then
send the results back to the the primary tool so for example the method called max my call up a series instructions that actually tells the computer.
[4:46] Determine which of these numbers in this set for this array is the largest number so
in order for the computer to connect the method with the implementing code their has to be this intermediate piece of code that access the interface and that is what an app is in effect this is the code the translates the method into instructions to let the computer
find that implementing code and that's known as declaring code.
So in developing this app is for android google rodeo zone implementing code and wrote a lot of attom declaring code but it copied.
[5:24] Some of the code from oracles or from the job system so you know the court in this case uses analogy where a person could instructor robot pull up a recipe
i going to a cabinet pull the recipe out of the drawer and then assembled ingredients and then hang the recipe after the.
Person who's gonna cook though the food so if use that metaphor the declaring code is is the the way that you love me instructed that robot to perform the task and app is the same thing and.
[5:59] You don't use some of the same structures and names for it for the instructions so that jabba programmers wouldn't have to learn how new programming language and i'll be able to just you know operate sort of as they had been
so the accusation is the google in french jarvis copyright in this app i code,
google raise the subject matter and if it was better use.
Because we just using the language instruction carry at those instructions and and goes on top
get into it in some death oracle files it's suit against google in twenty ten alleging that the copying of this declaring code from the app i already in front of the arkells
happy lights and jabba and lower courts considered these to issues weather the.
[6:55] Play a p bio code declaring code is copyright above it all and weather not always furious so.
Just prior to get into the supreme court case the federal circuit help but the declaring code was copyright and then a jury actually found.
Google on the finding faith use but the court reverse that finding,
conclude the local federal circuit reverse to finding and concluded that the copying was not fair use as a matter of law so up to the supreme court we go
review that federal circuit determination and it's a donovan review on both points and.
The this sixty-two decision written by justice bryan with a justice barrett,
not taking part of the decision because i guess she wasn't yet set it on the court when they heard arguments the spring court ruled in google favor reversing the federal circuit and.
Justice briars opinion is there so on the subject of the copyright ability the court just.
Contact they said black widow can address that because will aso if we assume form arguments save that the material was copyright able we're still finding faith use that gets the case resolved and that's all we have to do on fair use.
[8:18] Prayers says the google talk only what was needed to allow users to put their accrued talents to work in a new transformative program and that their for constitutes fair use as a matter of wale.
[8:30] So first should i have punted on the copyrighted village.
I mean i guess i can get to the end conclusion.
[8:46] I don't know what you i guess maybe we need to talk about their fair use analysis say is it a bigger change to
what we think how corse vol subsequently follow this opinion because of the ruling based on fury used versus maybe i would even if they had,
turn off all analysis on copyright ability.
[9:11] Right so and so on a question of ability just gold economy,
of decision making it up minimum listen to sensato we don't have to dance issues that aren't going to make a difference in the outcome over they could have arrived at the same outcome by concluding mother wasn't so,
choosing which issue they wanted to address i guess im them the briar has always partly been a little.
What's the word i'm looking for philosophically opposed to expansions of copyright protection.
So you know taken away about the way on the on the issues choose but they up to the discussion furious and i think we were sort of two for a fair use clarification but.
[10:06] This one was is a little bit interesting so the court looks at fair use and says that this is a mixed question effect and law so reviewing courtship defer to a jury's findings of the underline fact.
But the ultimate question of weather those facts amount to affair used is a legal question that in this case could be decided to know that's interesting the jury gets to determine factual stuff but then the balancing of the factors.
How is in the court handsets cuz i think that's important procedural think we're gonna have to
contact with in the future so it's really the application of the wall to the facts at that point said we agree these are.
[10:50] Yes not xyz the facts are xyz a great and then comes on top of,
i guess that's what federal circuit also they said ok we your facts but we don't agree the balance tips the way you say it.
[11:07] Anyways so it looks at the four factors.
And go to start a little bit of those usual sequence that we see they took the nature of the working issue first and they said this favorite furious i note that the declaring code give me
was different to other types of code black implementing code by it's very nature it was in me bound together with unconquerable ideas the division and organization of tasks for example and
new creative expression which is the upcoming concerts this sort of hybrid think it also observe that the value of a copy lines largely derives from value that,
no copyright holders that computer programmers invest of their own time and effort to learn the pit system i don't really.
[11:54] Based on these differences i found the f a application furious in this case was unlikely to undermine.
The kind of principals behind general corporate protection that congress had provided for computer programs in the amendments and nineteen eighty.
[12:12] Next.
Yes look at the purpose and curator of the years finding that googles limited copying of the app i was transformative do u wanna plug in here while its sounds like i think we said there is eleven thousand plus
lines of code copy the internet
what is being a lot of the code that was copy both i think that's another factor bad wolves will go
who helpful this together always likes to leave me a note transformed listening to this for twelve years
headlines in various in which all of this translate i guess i'm gonna ask the question has transformers completely swallowed purpose character analysis transformed,
specifically describe purpose
caracter so google copy only the courses google only what was needed to allowed programmers to work in a different
computing environment,
discarding a portion of familiar programming language so this section like you like we talk about if you worked in java.
[13:38] You already know how the job language works.
You and problem oil patch town programming in the basic so run and if there were our programming codes so.
[13:50] Latest developers what have to learn a new language to use new labels and the the reunion app is is common within the industry one just going to assume that's correct,
furthermore the coordinated the record provided numerous instances in which r. e. d. m clementine and interface an app is,
development of computer programs supported by language functional code in the market.
This is cameras a side which is
part of white gold is of copyright is it make an help people be created and protect those things accordingly google purpose,
courtside was consistent with the creator progress that is basic of the objective copyright so but here's what the court did not consider was the economic purpose of the used as well as weather succubus was made a good face.
[14:50] Can i dismiss this factors.
Relying on the transforming abuse maintaining bad bad way the economic person purpose of the used i don't know how.
Feel about that it's it's not easy purpose we're gonna do we google android circumvent code.
Teach your own language to teach that and people have to learn it.
[15:23] What year sounds like the corner looking at this purpose and character component and saint look if your purpose behind doing the coping is to make things easier on yourself that's ok.
[15:35] Ok i don't know about that i don't think of this is us expansion basically anything that makes your job easier is a transformative use you know,
hollywood has justifiable concerns about this guy easier to make a movie if you dont have to go get the other line
create something original don't go in that or you have
a new story line.
You really think this part of some other this segway between the beginning in the middle
yes that is not transformative nissan i think about the.
This pinion and smothers also sort of clearly drop this transformative miss component in as an overlay to the purpose and character.
Component of the furious analysis so maybe not a fifty factor but maybe it's ok replacing the purposing character or or shortcut,
transformative that's all i need think i think that is correct now the conversation ten years ago was transformed it was a factor
yeah that's what i'm saying that many times ok so.
[17:03] On the next olympics the amount and substantial the potion used in relation of corporate to work is a whole here we have i think we're a family controversial.
Look at this so the court of the crimson king that were copied from the pit and amount of virtually all of that declaring code needed to call up.
All these different tasks.
[17:30] Brian says look yeah it's all of the code it's all this declaring code but it's only about point four percent of the entire app i code.
[17:40] So
One question of substantial city their looking at you know the quantitative and qualitative were copy not because of their creativity because i get back to this making it easier they would allow programs to apply their skills in a new
smartphone computing environment,
because the used tethered to this ballad transformative purpose the courtship substantially factor waiting favorite furious i think that was.
Too much of a shortcut.
Looks at the fourth all you wanted the bridge from the song it's ok.
That's i think that's all you talk with a piece of a bridge too far,
show me that cnn allergy or the first version five you know right same thing.
What you mean soundtrack sample.
[18:55] Guitar riff
yeah yeah some of those things that music analogy understand we have rulings those going both directions,
for the value of that underline of pi carpet copyrighted the nature of the beast to compete,
androids marketplace
which they say is the source of a lost revenue and the risk of create creativity related horns to the public when taken together.
Convents at this fourth factor on market effects also ways in favor of firehouse.
So because slash or goals was poorly position to succeed in the market smartphone marketplace on their own.
That means it was against them,
they were quite well-positioned to license their software to the folks that were competing in the android market and that the market in question is the market for suns,
software oracle software not the market for android operating system so yeah this is.
[20:17] This is challenging for me to accept that.
Is this view of the market as being a market that just because oracle wasn't competing and wasn't position to compete in that market.
Doesn't mean that wasn't a market for what oracle had as property.
That's like saying will you know it's fine for me to squad on your land in nebraska because you don't you don't.
[20:42] You know you don't sell your little use or sell your lando lisa in california just different market in my video different.
Hey portal go to the back that i would assume and need a new software people like this eleven thousand five hundred lines of code could potentially be used.
Bye mini developers'.
Not developing android developing other programs with what they want to use job language program.
Now basically this java anybody wants to go grab the code cause it's not even know it's.
Are you blew copyright it's gonna be used that's all you take i guess if you're not developing a product.
The news is the cat seems to me the very product is the software.
[21:46] Anyways so you know.
[21:54] Not really pains but i say this isn't going to overturned modified earlier cases about furious.
It's just applying these principles to this particular cenario this software.
Software cenario and it specifically didn't address the corporate ability of the app and so may have limited implications but.
No
They also said there's hope discussion also bad idea the computer programme are in hartley functional and their for different from you know.
More artists creative contact expression and other maybe other.
Basely another kinds of cases involving books and movies and music and things that migos differently.
[22:45] I'd like to resume from brian eno majority of the movement some sort of hustle with two.
Converses action two to allow protection for for software in the first place.
[23:02] Interesting there was a december in this who was thomas and who join with him in the a pinion forgotten.
[23:12] Add i have to see if you wanna talk about the distance just us thomas's,
jackson the strongest terms to the reasoning of the majority and use that arkells cold as you is copyright able and the google uses anything but fair regarding the declaring cody says decline code defines sub programming
programs of information code.
Including by controlling what input stay can process is were gets here to technical and the majority is he says the majority is wrong to suggest the purpose of declaring code is just connecting pre existing method calls to implementing codes.
Declaring code is as create the method college create those those calls he practically criticism dirty for bypassing this question of corporate ability all together.
The only reason for doing that is because i'm driving can't square it's fundamentally flawed fair use analysis with a finding the declaring code is copyright able,
yes so it goes on to say that the most important elements furious is that economic impact as well and then followed by the purpose of the used i don't know that
but there's no priority of importance of one of the elements over the others but here he saying it's the economic impact and the purpose of the used and he says the majority is used furious to advisory congresses considered policy judgment,
authorizing popular protection for software the first place.
[24:38] Eventing seems to think that the thomas loof ignored some of the facts of the situation deal with a fuck of their only certain you know so many ways you can refer to mathematical functions something like that so.
[24:51] It was just a solido that join him in the descent.
One of this things thomas said was never google vinai coffee the code
play apple and microsoft simply three the clearing codes instead of copying thomas also compare this to a
computer code to a stage play which i think this is suitable with the patriots ahead in town a broadway musical script needs,
there's an singers to invest time learning and rehearsing but i theatre cannot copy a script.
Right do at your held by a smaller theater simply because it wants to entice actors to switch theaters and because coping the script is more efficient then requiring the actors to learn a new one.
So play on words of script and what that means and how it works but maybe don't you know different different fact pattern mike.
[25:47] Learn different result.
The tattoo how 'bout you definition advisories copyright and says that movie studio converts a book into a film without permission not only create a new product to the film but also enabled others to create things like reviews and merchandise
youtube highlight real sleep night tv interviews and all that stuff.
Is this a single nearly every computer programme once copy could be used to create new products and so is the majority saying that an author could pirate the next version of microsoft word simply because you can use it to create new manuscripts,
let's start interesting approach the issue,
it is what is this is this is now belong least retrospective software copyrights and the nature furious seven adam and we will have to see i guess what happens in in the coming decades too.
[26:42] Yes the same time we are due for a new copyright back does well and realizer pepper law so who knows how this world.
How long is the last amour play out the congress i guess could come along and say no no you got it wrong and we're gonna.
Clarified in the statue at some point of the representatives from the various
parties of course reacted the way you expect him to on the general council oracle
basically said google play bigger much more market power the barriers to entry or higher and they stole java and spent a decade only u monopolized camp
end this behavior is exactly what regulatory authorities around the world in the united states are examining.
Google business practices that's not a dog whistle to the regulators to do something about this company guys i don't know what i mean while google.
The senior bp of global affairs walker hayes decisions cost for consumers and innovators to celebrate.
It's a big victory for consumers and interoperability and computer science in this decision gives certain to the next generation of developers,
what's new products and services will benefits consumers i think that companies like apple and microsoft to be concerned about this tune now they developed these things not it does this sort of give.
[28:09] Software developers carpool build on the the building blocks that.
[28:17] The pizza platforms have created for themselves so i am.
I make his praise surely microsoft and apple selenium forest articles about netflix.
Submitted an important briefing cases well i'm looking for my notes about that here.
[28:45] Yeah i think from a practice pointer is it people are really.
Increase the in the east issues reading nash bridges written by weather company sometimes are so informative,
sometimes are so well written easy to read other time is not where you can really get a good grasp on the history in the law
set the course looking at because they are again their persuasive in their,
take it back it was the motion picture association that file the breath and life flix abstained from participating in mount one they.
[29:28] Merge the recording against finding the google head made any transformative used in the lovers rock look unlike pearly expressive works,
software by definition has a functional composer that makes it in hartley different applying the concept transformation to parcels nono expressive works like software is like trying to put a square peg round hole.
Transformation with the focus on you expression.
Minimum message as soon as an effect on human thought emotion and contrast software in significant part operate independently of such a human for emotion the brian via.
Invite so they say the google use of the sun
java a p bio six two create new products and bad is all the exile to caribou the expanse the used useful of android smartphones programmers wanna create a platform would learn a new language of that's what it.
What need to happen so google was like a said that makes it easier that's transformation.
[30:28] I don't ok well we will see actually we're gonna see a little bit it's already coming out from that we will continue to see new cases or cases who made me without you dad and suddenly get revibe to some extent
well here's one that this decision came up just before the supreme court.
That's rolling in the google case this is the andy warhol foundation for the visual arts versus lynn goldsmith.
This is a second circle appeal that we were talking about as far back is episode hundred eleven so that's about.
Two years ago start over lynn goldsmith is a you know
what's liberty start fishes photograph numerous rock jazz rnb performers on back in nineteen eighty-one she was on assignment from newsweek she photograph prince in concert at the new york city platinum.
The next day she had him to her studio and photographing there as well nineteen eighty four she license.
What is the image of questions to vanity fair magazine and then vanity fair commissioned andy warhol to make a silk screen.
From this photograph warhol created fifteen additional works for a series on prince and goldmund and find out about this until twenty sixteen when prince died.
[31:46] So that you're goldsmith started.
Raising the issues complaining to the foundation that warhol.ss prince series in french department copyright associated with her photo the foundation.
[32:00] Yep to sud goldsmith and her company in twenty seventeen for declarative judgment that works based on the photographs
do not constitute covered in frenchmen being dissimilar to the goldsmith prince photo and in an event the serious protected by fur use dot com.
[32:17] So court granted foundation's motion for summary judgment dismissing the corporate,
infringement counter claim the trial court this is the truth hurts said he was transformative because the goldsmith photo portraits princess
not a comfortable person and loverboy human being the prince series from warhol.ss portrait amazon iconic larger than life figure
that's transformation ok that's just a lot of bull yeah because if you're looking at it in perspective december nineteen eighty one,
where prince was in his career but i don't know when in the process nineteen eighty four is when golds is win.
Yes created the silkscreen so obviously alive happened in princess career in that
time frame for mostly unknown too people rain so,
i can tell you what i was doing all of that so and so so yeah changed in the fast forward to two thousand sixteen obviously everything that's happened happened in the room time period till death.
[33:30] Hey that people record
so you know finding faith say go into the second factor purpose of nature the original scuse me the goldsmith photograph is both creative and unpublished which will traditional way in her favor
that was a limited important because the princess diaries works are transformative work so here we go back into that girl could sing transformative missouri,
swallows up the rest of the third man amount of substantial increasing a printer is warhol removed nearly all of the photograph protected elements what hold on a minute.
Zoom out yahir remove those things but it was still.
You can tell this came from the photograph and then on the fourth element.
Prince series works are not market substitutes that of harmed or have a potential to harm goldsmith.
[34:28] I decidely disregard lost licensing revenue as a consequence value of the original so there we go the secret circle reverse.
Rollings
delivering a big victory for goldsmith saying warhol.ss in french the nineteen eighty one photos prince the trial court found out the princess could be considered transformative because goldsmith photograph center on helping prince reveal is identity while warhol's creep undetected this iconic larger than life figure
i using these unreal estate colors newest that i can someone the judge in the second circle opinion wrote the film adaptation of annabelle isn't afforded protection merely because i had something new he says were secondary work doesn't.
Obviously comment on relate back to the original or use the original purpose other than that for which was created the bear assertion of a higher or different artistic use is insufficient to render the work transformative.
Rather the secondary work itself must reasonably be proceed as i am bonding entirely distinct artistic purpose one that comethazine new meaning or message entirely separate from a source material.
[35:41] They look up gary go goldsmith and warhol.ss subjective intentions and even the overall meeting of art.
Doesn't matter is much as how the words will reasonably be proceed so they remanded the case back to the district court for further proceedings but then.
Just a few days later google versus oracle comes out.
Answer the warhol.ss foundation is now filter partition for referring before the second circle arguing that.
The second circle rolling now conflicts with the rolling in the google kiss so they are you.
The second circle explained judgement exam weather the secretary work stands apart from the roma trial used to created.
And that works cannot stand apart if it remains both recognizably deriving from retaining me a central elements of the source material now that was recently denied transformative status to any work.
Who source material is clearly recognizable within them even where's undisputed at the later works convey a different distinct messenger meaning.
Anderson spring court in google how bout that line for limes copying of source code.
Where the original work was obviously recognized in the newark was none the less transformative so.
[37:03] And then the google court also explain the principal would apply and case just like this one observing artistic painting could follow the disco preferences even though it precisely replicates a cooperated advertising logo
has a comment about consumerism is not sort of interesting reference to this campbell soup can is.
[37:24] That's me some how different even.
[37:31] I don't know what am i doing a good at actually have you know both images pulled up online computer screen as we been talking about this,
i look at an i go how is this not just blake direct.
[37:52] Happy coming home device their are is a divorce realized there are some new things i have been added in addition to know colorado station.
[38:04] Looking more than words a drawing versus versus a photograph there are things that are different but yet.
[38:15] Yes is wrong is identical to the photograph and maybe there's only so many ways to express prince.
Yeah well anyway so they file their.
Petition for referring on april twenty third so just a week ago and respond no response yet from goldsmith team.
But the following me this is probably another couple of months about this.
Yeah in the second circle said requesting the a static is not transformed.
[38:57] That's interesting could be how they hang up.
[39:02] I'm going for pieces is that is setting conflict with the google or supreme court decision.
Well i think it's been court decision help with something that is an essence not anesthetic at all.
They're done with a functional you know useful article almost kind of situation and so their they're very expensive i don't know whether.
[39:28] That is that i don't know
this is not the situation but it can i have something that kina popping bubble up from my past memories easy.
[39:46] Call out nine original nine copyrighted elements and that was in a photograph for that was snow hey oh and museum and then you put it on a t-shirt a baseball cap changing.
[40:01] The media.
Change something about it i don't know that we have to change in media both of these are artwork one one officially was reasonably sized in the otherwise oversized war hall.
Will you know we also had those richard prince appropriation things with the.
We call instagram things blow up on campus and that was,
help me transformative in it's nature bryan ferry once i was princess well colourized.
[40:36] I was teaching about this stuff yesterday they were.
I hope that the richard princeton areas up for them and they said what the.
The rest of arianna it's it's no it's a collage and it's got a lot of stuff and he's done other things to it with the instagram all he did was a large it and add a comment.
[40:58] Distinction between those two.
[41:02] They work they were trouble by the instagram things that you know if it's gonna be interesting will be watching for the reheating and and the rolling,
pause fallin' out present situation for that again.
Yeah it's got to be swallowing up the law.
[41:33] Timer for twelve years we've been talking about we going to get a new.
Revise copyright
what you know what we talk about a lot on the show and so we have it.
Consequences shakedown for a while getting suspect actually see how.
No i was just gonna throw out for people who are interested in furious cases the office that for restructured their website so not exactly sure wearing is now
search copyright dot gov they have in the pass i'm a similar the freezing index which is super helpful statue based on types of works
super super helpful information to the chinese in your research,
so let's more we've got a few other cases to talk about fairly quickly we got ed sheeran us judge has not decline to dismiss the third lawsuit alleging that ed sheeran ripped off marvin gaye let's get it on.
[42:51] What his twenty fourteen hit thinking out loud in,
twenty sixteen the a state of ed townsend who was the cold writer of let's get it on soon ed sheeran original thinking out loud ribs off the melody harmony and rhythmic compositions of
add marvin gaye song that was the first lawsuit structured assets sales a company
steak in the let's get it on copyright filed its own lawsuit based on a sec,
on the same that was the second lawsuit and then we'll both cases we're going through the motions that the ninth circuit court of appeals ruled in the stairway to heaven case that the scope of the corporate is limited by the deposit,
another words that the work is only protected as filed,
will that technicality could be problematic for these older preme nineteen seventy six act works like let's get it on.
[43:41] Before seventy-six only sheet music was what was allowed to be deposited with the corporate office meeting those older songs were protected only us presented in the deposit copy any additions made in the studio even if they appear in the original recording,
turn off protective so in luv technicality the judge in the first round of the thinking out loud location said,
he was now unlikely to let the town soon side play any recordings of let's get it on to the jury in court.
Instead of the doors could only considered the gaze song as shown on the original hope not a jury the can read music right
no play alarm on the side of the first lawsuit and structured sales
i said it's lawsuit so strong come up with interesting workaround.
They have filed a new registration.
[44:38] With the corporate office last year submitting me original recording as the fixed version of the work rather than the shit music and then they found a new lawsuit climbing that sharon headed friends the newly registered twenty twenty version of let's get it on
raven the nineteen seventy three version.
[44:55] Search sharon and his publisher's sony music files at a motion to dismiss the lawsuit are going one it's duplicate of the earlier lawsuit and two,
that structured sales which acquired it's over shipshape from the townsend from one of the boys townsend was not authorized to attend the new registration of the song.
[45:16] Interesting.
End so now the judge has decline to dismiss the lawsuit based on those arguments and found that be twenty twenty registration sufficiently alleged planets beneficial ownership and the registration incorporation of new musical elements,
precluded finding the two suits for duplicates.
The judge did say there's enough similarity between the third suit and the previous two to justified posing the new vacations until the original cases have work through to their conclusions.
[45:45] Set up daxsen interesting just can't proceed royal blood because it's really important understand.
What benefits that
play nofx doesn't get so won the lawsuit on this third one on the twenty twenty registration is so limited to what is new
not not encompassed in the original so basically they found a derivative work.
Set a claim against the derivative the copywriting the driver of work two this was filed after the election frenchman has a card.
No timers do not disturb.
What is protected under this derivative work copyright filet so very very nero.
[46:43] Internet g. o. m. d. will never even reached that depending on how this place out with the first one i mean i guess it's a great way to preserve right.
I think it's a practical matter what this is telling us at least here in the night circuit for the moment is if you are a,
turn owner of one of these preme nineteen seventy six works registered as she music and you learn of a new infringement of something go out and register the comfort in the recording right away just preserve the possibility they have some lights too,
the person that,
when do you think so sorry i was gettin' my mom on off their his little bit noise in my area that i can't control somehow you want
i think yes i would.
[47:36] Is a word talking bad is the sheet music was close the best addition it's interesting i just been recently reading and the cab office compendium.
What is nail the best addition to submit for musical works in seoul recordings.
She music is the best addition limited two
make arrangements orchestration season big school score not just a beach the whole score
interesting lana for sound recordings their still sing a compact disc is the best audition over a digital download but first songs.
[48:17] M p three or a compacted scar considered the best edition page for that so you potentially could.
You know why don't send in the demo demo song a few that it's going to be a full version of that.
I don't think you anything is hurt by the planet of filing a new application.
[48:51] I just think they have a very limited protection under the dome application for the driver era that would be very limited damages again with a big massive hit like,
sheeran song those last three years of damages could add up to some significant.
[49:09] Right is other people third party in french,
now we've got it fired up anybody else that comes up.
[49:21] Learn how we can we have a registration for this derivative work,
proceed some of the new orlean frenchmen second mask rush of of capron holders in older works going to register recordings of those works as as.
[49:41] Hedrick kansas cover for this coming think about it
music repeat a big hit that's likely to be ripped off how do you know how do you know something that's likely to be sampled would it be kind of these classic works from this
time period or works better i already have a history of violence sampled or the field.
Has been taken.
[50:12] I think those probably should i am i'm contemplating it for a few projects i'm working on as i'm sitting here it would it makes sense.
[50:22] Defile that you know.
[50:26] In some cases iconic recording for the river is good at hurt in somewhere that we can't for safe that would be the case could it.
[50:38] Could it hurt a new whitney declaimed i was need to make a special well now there's the pre existing not invierno
new material part this on the application i say now it's been there you know you could make your information.
[50:59] Put in this place for notes to the cataracs office bitch the preexisting new material allowed you to put in the prior registration information
i don't know
sorry i'm a king bee making myself a task here songs i wanna talk about me
that's right continuously alright next story we have to talk about is another music industry story of this one deals with
doctor luke in his lawsuit for defamation against the artist kesha he has been deemed not to be public figure for purposes of definition log,
dr lucas one of the most acclaimed music producers in the twenty first century working with artists like katy perry avril lavigne
britney spears miley cyrus and kesha notice it all die young women and he's been deemed by a new york pellek court not to be a public trigger
purposes of his lawsuit against definition suit filed by him against kesha the famous popstar ledges in her what she made allegations that he gave her drugs and raped here and now the court
that's what you doing her for defamation is real name is lucas got wald by the way in the new york appellate court ruled three to two that.
[52:26] Display his status as a music mobile he is not a public figure the panel road all that he maybe well known music industry circles he's never been a household name or chief
general pervasive fame and notoriety in the community norris a limited purpose public figure.
Jodi benson that also he has salt publicity for his label his music and his artist none of which of the subject of the definition here he never injected himself into the public debate about sexual assault or abuse of artist in the entertainment industry.
That fuel very very limiting the fact that is never raise the issue of sexual abuse assault.
So he's not a public trigger it's on.
On the same basis of foxx serve squash purpose public figure.
[53:22] Yeah he has an attractive media attention for his relationships his clients or treatment of artists but for his work as a producer.
How behalf of fame of those artists themselves so the minority said hey that's not right majority knowledge what is anna clendening the pressure repositories not.
Figure because he's not a household name.
[53:45] The definition of a limited purpose public figure is not so crafters to include only individuals and entities that purposefully speak out about the specific nero topic.
[53:56] In this case the prodigy sexual assault upon which the definition cleaners based up yeah that's my feelings just feels like tonight with them.
I never history maybe i'm just admitting something about my lack of.
General knowledge back i don't know when we had these conversations about definition related to the call.
Guy in west virginia
i forgot this name too but i forgot his name never heard of you wasn't household name he wasn't
call business our lives in west virginia how would i ever heard of that guys name and i think he was was
for purposes i did it public figure.
[54:48] Maybe its because he talked about it he he jacked himself the conversation the difference.
Yeah this majority pigeon sings we sink know if you didn't do it before the definition you know if you defend yourself against the claims of the defamatory claims after the fact
that is not enough injection into the end of the marketplace to now be limited purpose public figure,
seems like a logical disconnect to me too but anyway.
Play with the state of new york has a new anti slap a lot that basically means that even
no public figures private figure planez have demonstrate defence actual malice on issues of matters of public concern and here sexual assaults and abuse are.
Go to be found i think would be found to be matters a public concerned so i humid still have to prove the actual malice in order to proceed with a case.
Assistance right now.
Squashing the definition for shaun of the dead lawsuit and i know that are some other issues acoustic is online.
[56:01] Provide the establishment he doesn't have to prove that actual malice computer stoped to prove the fall city and you know that damaged reputation and sol rising i can tell so.
I'm not sure prove it damages aspector things.
Take this next quit talking about the author let me hear you whisper.
Erma del toro rider and director of the shape of water have a great day dismiss in french my case i guess single released a statement
that one allergenic french montana quote his claims of plagiarism unfounded and knowledge is game gmo del toro is the true creator of the shape of water so that is that's all we got we don't know what if anything else happened in the sentiment
where is justice simply amazing white flag in,
well i surmise that's that you know after the world cup of rulings a long way and at some point i suspect that the delta rae side of things was able to.
No proof it's sort of independent creation of the shape of water.
Story line and instead of this display existed maybes and default you know what we couldn't prove access or something like that,
the course of the settlement.
[57:29] Go to recent hey you know trash my reputation with this thing and you know you're suit suit was really.
[57:39] Confounded maybe even for of us and you know i think that's leverage there it wasn't just a little bit of your heart but you said it was
who was the founder saying that was the good doctor was the creator so you know.
The doctors theme have some levert somewhere i'm sure.
[58:01] What let's jump forward to the next story about nf 's we talked about them a little bit in the last episode and this episode will be note
no what's after all these years no fun table tokens haven't been around for very long we know have the first film and television deal for an nfc
harry potter michael johnson is an artist and a former major league baseball player
play one year each with the white sox the dodgers in the braves he is created a character called akube young black boyhood dreams of becoming an astronaut and the characters
inspired by johnson's nephew who wants to ask johnson if astronauts could be black johnson only used in various paintings at first,
i need to set it take the character a step further and creed this ten part story about him and his oversized astronaut helmet
set a short sleeve t-shirt without you heart on his chasing created this character and he describes the journey the story is a journey the take some across the universe to meet inspiring people see amazing places in learn their no limits on his dreams each of these ten chapters
will be memorial day has an nfc
end sold and one of the marketplaces the fifty gateway in fifteen marketplace the the first chapter genesis dot zero zero one.
[59:24] Dropped on february twenty first of this year and it's first seven minutes in the marketplace one thousand four hundred two.
[59:34] Any of these women to them sold at nine hundred ninety nine dollars each one point four million dollars.
Johnson el mentado ten additional chapter one and not that also came with a physical sculpture of the character and sol dose the same day as well.
So
It goes on watch submitting these new fbi and solomon next chapter comes out or cannot last week and morrissey anyway.
[1:00:04] Johnson's able to leverage the demand for aqua in the gosha options for the lights to bring the character to film and television and has now agreed to an option with anonymous content.
The story this is the same studio produced
hey portal sunshine of the spotless mind spotlight the revenant true detective mr robot a mother's so another country permanent content was involved in brokering that deal
management and rem tripping those and so there's still more chapters release but.
If remains hi it's pretty likely they'll be a filmore tv show in the future and there's not so.
[1:00:49] Yeah interesting.
[1:00:53] Devolution very short time.
Learn more about discussing we don't i don't know what the whole product launch plan is obviously we started with these and it's and it's gonna develop would also thing.
Based on the subject matter and you know the inspiration behind this caracter and story line,
facebooks we want to physically get into the hands of children.
What time is just interesting in i wonder why the long range kind of marketing planning is.
I don't think that's anything about version of the same work.
[1:01:42] I don't think so you know i guess there's a certain.
Delete talk about this people who collectors are attracted to these things i did read an article that.
[1:01:56] Let me to believe that there's a strong community african american business people maybe or collectors who were involved in kind of this launch i think it's wonderful
raising response i don't know what it cost to.
What is the cost of development for something that gets a block chain in f t attached to it.
Well that money gets i don't know if the financial cost is is of meeting these boots is that.
Extensive ms ho there is someone expense to a t but if you make a million four one episode of a tennis thing you ok i think but there's also a.
Invite mental cost to this because meeting an f 's missing me these black chains tokens is.
[1:02:56] Turn it relax tremendous amount of computing power and the energy draw that is needed to do that computing
partly the one of those days was basically that the amount of energy taken to generated one and token is.
Enough power to run a small european country for a month oh my gosh no clue so,
artists with a conscience about the environment might be thinking twice about doing it it actually a conversation somebody on along those lines not long ago and
add a christmas one of our members brought up to a signs and wonders meetings and united a little little
weather research on a google app and just learn you know it is a tremendously costly from energy standpoint.
[1:03:48] I know that they are i know someone who is
create a nf server farm in his garage had to upgrade is power supply from the energy company and that man resonating and had to insulate the garage and ways for the heat it just kinda crazy stuff i just associate with the there is a cloud two to.
Technology behind meeting the stuff on and having requirement but
that's crazy this again technology is not
cover this because it is an interesting thing that i've been thinking about this technology those now starting to make its way into.
The music side of things that there's a one is benefiting related right showing up in.
Contracts with a comic all you ever beats marketplace for digital nas beats they started,
using language granting the owner so you buy and nf you would get the broadway exclusive license to use the artwork,
however you wish including unlimited commercial use and so on as long as you are the holder of the original if so the proof one ship.
[1:05:05] How is a company by a license you know the for sale i'm season.
The article itself you actually have rights to you so that's interesting verified or authenticated.
Put the right away right over is.
Hey portal does tim from within the bitcoin world there's been a lot of conversation by a lot of people regarding how can,
bitcoin effectively used to you establish we don't ownership in licensing rights and division of right
any musical composition resound recording with me.
[1:05:53] Is crazy energy expenditure today i guess is it why is that because i want to.
Play my record by nf download it sucks up a bunch of energy for it to peanut to safe verified creation the.
The tokyo the incredibles.
Play krypton it takes a tremendous number of computing cycles and it's this race to get there too.
Get i think it's a theory is the name of the company that handles the
play issues talking to you have to present that bad company with as understand you present them with this,
this long chained is black chain and save this is a unique fuck shane and they say they verify a big crunch the numbers against it and then they say ok yes it's it's now valued token.
[1:06:47] So that you have to pay them for the privilege of doing that but apparently you can present numbers of these it's not random number generation is something else i think and so.
You could presented multiple times before they say ok so you got,
please hundreds of computers crunching numbers doing hardcore math for hours and hours on in just the general one of these things that it's sent bits and then maybe gets rejected back and forth and soak family you know the number of processing cycles involved
wichita has a little drive energy is massive.
[1:07:26] Fascinates it's crazy just ok you know what number your prince let's go remix actually
someone listening who is is really understands this explain people don't understand
contact this is what we think people would be gordon i would be interested in learning more about how it really works we made it befuddled also
we will be that's why you not really need to understand it but you need to explain it like for twelve year old so,
i wonder if there's going to be some environmental movement around this and maybe even some need to text these transactions in f 's in order to.
[1:08:12] Deal with the consequences concert this is all kinds of we're gonna see policy around the stuff for decades and short
set your friend in college needs to know investment a wind farm right quantum computing will change all this because it'll be ok
newly instantaneous the general these things of course that will have an impact on the values is why so kind of fun stuff when computer which i think we're,
close record within a decade of quantum computing from what i read some feels like this if you the hidden figures yeah movie bent
today's version of that maass concept in the computing skills so interesting thank you for loving me learn multiple new thangs today
so that's another episode of entertainment logged in the can we will take a moment now thank you are loyal listeners for spending your time with us
if you have any feedback with love to hear from you you can email u said entertainment lofted gmail dot com there's also a voice widget on the entertainer lofted
dot com website you can just record your message to us and will play it on the no future episode you can tweet,
update app update and tamia to people who you can find you.
[1:09:35] Yes so you can find me online most social media site time at tamara bennett and e b e t my website you can get there at two bennett lol dot com or create
protect dot com and thank you gordon is always super fun and i'm really excited we've been
add this for twelve years i look forward to the to the next twelve i can't lose what we might have.
No a bit coin version of us so you know.
Do you know what the fuck yourself from los angeles california gordon firework my website is firework,
call email address firework at firework dot com and on most social media site you can find me
just my type in g firework finally let's give a big shout to our crooked teeth volunteer contributors managing editor john janice odesza
john john rupaul charleston mark landmine anacaona bruno buckle and kanye wilson and if you would like to join our family of contributors record feel free to reach out and entertainment lofted at gmail dot com.
That's corrupted up for this episode of entertainment lofted thanksgiving for listening and until next time.
[1:10:50] Music.