Transcript
[0:00] Entertainment law update episode 151.
[0:07] Music.
[0:13] Welcome to entertainment law update
From Los Angeles California I'm Gordon Firemark and from the Dallas Fort Worth Metroplex I'm Tamara Bennett and we are so glad that you are here with us this is our podcast about entertainment law where each month we pull together a round up of legal and business news stories and,
Share our opinions and commentary and analysis and all that kind of good stuff and this month is no different. How are things with you Tamara,
You know what things are fantastic I appreciate you kinda we shuffled our record date a little bit so it might
Folks might be seeing a post a little bit later. Yeah. With their Thanksgiving holidays last week. So
You know it's our season of gratitude
The title of the episode is giving thanks because we thought we were coming out right before Thanksgiving. So,
And we will continue to give thanks. Well, I do wanna share my gratitude for you, Tamara, and for, you know, 13 and a half years of doing this show together. It's been wonderful and for our audience, for listening, and and the the
And you know, for the sun shining and the clear air debris and and fresh water and those kinds of, you know, just the simple things in life but,
It really makes for a wonderful life song I'm grateful,
I I am too and thank you as I've made it clear and to anyone who listens or anyone who meets me they know I am not.
[1:42] The technology expert of this duo. Hey, so without you, I would not be podcasting.
And hopefully, we will, I will get my technology together on this end and people might start seeing us
Video.
Commit to being on camera every time. Yeah. We we wanna make sure that you.
[2:23] That our listeners and viewers have a quality experience. So, so bear with us as we do that and,
Hey forward and I'm like you you know it's I've been making my list of gratitudes trying to everyday and,
You know, sometimes it's a simple as the the birds or a good music. I mean, gosh, I'm so thankful for music
It brings such equality to my life. So,
Probably something fit into that as well,
You know it takes you many places so.
I agree. I'm the same way about about music and theater as well. I just love, you know, life performance of any kind really is is energizing and exciting for me so.
I I know I was super excited we were gonna go to a Christmas show that's coming Thursday night for our local two local musicians one of whom I know fairly well and if.
[3:29] And then, but for COVID, we just got that we're so excited. Live music, and then they're like, oh yeah, the venue owners are down with COVID. So anyway,
It never ends. No, it doesn't seem to end now
And that we're able to do this in technology allows it. Yeah. Well, speaking of things coming to an end, let's jump into our first story, which is talking about
Anti-trust defense or offense in counter to,
The battle that's been brewing over comedy licensing
Tiffany Hadesh, Kevin Hart, John Melani, and after that, the estates of Robin Williams and George Carlin.
Also Andrew Dice Claybank Bill and Mullen White sued Pandora in the US district court for the central district of California claiming that the company and other streaming services don't properly license their performances.
Pandora does pay royalties for the copyrights on the recordings
But they don't pay royalties for the copyright on the underlying written works the jokes equivalent of the publishing side of things I guess in in this arena so,
The comedian playlist as well as many others use a company called Word Collections which was founded by the.
[4:54] The founder of Toon Core and Audium Jeff Price
They are the word collections is the licensing entity or agency. Pandora responded to this lawsuit by bringing an anti-trust counter claim against the comedians and against word collections claiming,
That word collections requires exclusive partnerships with authors so it can set a single price for all of the assets in its portfolio and that these agreements amount to an anticompetitive conspiracy
Since they've allegedly agreed not to license independently outside of the cartel
Oh, wow. That was in quote. Our independently outside the cartel. The cartel,
The judge Mark Scarzi here in the US District
For the central district found that it does not allege enough about the reality of the market to demonstrate that word collections offer a.
Super competitive license exhibited the requisite market power.
[5:56] While Pandora's comedy collection includes more than 3000 comedians and more than 35 1000 tracks
2016 security's filing the judge notes pandora does not alleged any control by word collections over a critical massive comedians any entrenched listener preferences for the comedian's represented by word collections
Or any other restraints that would prevent new comedians or licensers from entering the market to compete with work collections.
[6:25] Pandora also alleged that word collections was tying together two distinct products the comedy recordings as well as
Less desirable material including not just comedy but other spoken word material
So, on October 26, the judge dismissed the counter claim. Finding the audio giant had failed to connect word collections impressive but short list of comedians.
To the companies inability to assemble the critical mass needed
To offer a viable comedy streaming service especially when it offers recordings by several 1000 other non-word collections comedians,
Market affected by word collections tying.
So the comedians attorney Richard Bush said we're now happy we can focus on and litigate this serious copyright infringement claims that are at the heart of this litigation so any thoughts on this.
[7:29] You know I I think that hits it I don't.
[7:39] I think that was probably the right call. Well, was was there? I mean,
Recorded comedy as there are,
Recorded musical tracks. Is that a true statement.
They're justn't gonna be that many.
[8:10] Yeah I think this word collection is is.
The comedy equivalent of an Ask Capra BMI or.
And I think the evidence that there are four of them in the American music marketplace for music.
Also ways, you know, hey, hey, there's room for multiple entities. So, it isn't a monopoly.
To tune core which I thought this was fascinating that Jeff like like I know Jeff I've met Jeff a few years and years and years ago mister Price.
I think it there an aggregator.
Versus.
Or really even a music publishing company. I mean.
Sound recording world it would be.
[9:32] And then Jenny other number of aggregators.
In since that's the business. He comes from that. That's why I would say I think they're an aggregator and he's probably kinda been the only one in the market place that's doing a good job. So that's why he's got so many of the top ones.
Yeah, I mean, you know, first to market also
He's represented a lot of hybin and a lot of high profile.
Cockroach litigation was was he the attorney for the turtles,
Cases and clients he's represented over the years so,
A pretty big deal.
[10:37] Well yeah.
I hear you. Well, yeah, I mean, it's gonna be interesting to watch. I think that's, well.
[10:48] If it goes much further in the courts the in the copperade infringement claims seem fairly.
[10:59] I mean there may be some questions about when something was fixed and by whom.
Where are they.
And they're probably lead things they've listed for infringement. Mm hmm.
[11:22] Is
[11:25] Word has filed this word collections has filed the suit do we know who the exact plaintiff is.
Or is it the individuals? I think it's.
Artists, the commands, the comedians,
One% native plus.
Pandora so yeah I think that's what it is.
Okay. Guess I'd have to go back and look at the complaint. Yeah, I I think that would have already come up on the whole standing.
[12:17] Well, you're big on the aim image. Likeness.
Issues and there's news now from the board of directors. You wanna jump in on this? Sure. So, we got clarification, October, early, November, November.
[12:34] On the interim rulings and guidance from the NCAA board of directors about student athletes name image and lightness if you
Go back to the summer of 2021 as when the NCA issued their first guidance in many state laws suddenly started coming into play allowing student athletes to profit from their NIL,
But.
It it was hey it was a hot mess it was a hot mess and all all of the things that you and I have discussed over the years that we were concerned about. Yeah
Send to come in to play and and things didn't work exactly like the NCAA thought nor like
I think many of the schools and student athletes thought when reality happened as to how this was gonna be implemented
This interplay relationship between the school, the schools, branding, and the athletes personal name Imaging likeness. So,
Key questions that have come up.
For the student in IL activities
Again, aggregate and administer in IL activities for students.
[14:02] The the Texas law and I believe the California law and probably almost over by one else says that there needs to be education provided to the student athlete.
Financial literacy, taxes, social media, entrepreneurship, those 2 may not have been in there to start with.
And also education to the collectives and the boosters because the boosters have become.
A real powerhouse behind this and there's always this concern the boosters are trying to raise money to get a specific athlete to come to the school.
Now the new policy states that schools cannot participate in negotiations on behalf of a student athlete but they can connect
The athlete with an NIL entity that
Was not set for the original guidelines. There was just to be a complete hands off.
So so now they're allowing the schools to facilitate this connection
There was this whole issue of the student couldn't show up in his his jersey or her jersey. Yeah.
Now that has the school can provide stock images, graphics, logos.
[15:31] Allow them to show up if the school approves it in their team colors or team jersey on the,
And presumably that would come with a license from the school for the use of its intellectual property. Right. Along with so, yeah, so that's what a good for everybody.
Yeah and IL Enterity should pay a market rate in for anything that the schools promoting advertising
NIL activities during participation in their respective sports so.
Don't be putting a big Coca Cola
Pepsi ball cap or something like that. Yeah, yeah, yeah. Our Dr. Pepper, I don't, it was so here's what's funny,
We have up until this year's most over English and snooze our son went to University of Oklahoma prior to this year the University of Oklahoma was like a
Powerhouse in football.
[16:42] Anyway, we're we're still watch quite a bit of college football and and we still are soon or strong.
[16:48] Doctor Pepper.
[16:59] And they have existing current college athletes
Hey you know famous former professional in college athletes that are in these,
Commercials which they're really they're fun
Tennessee fans except for us. So anyway, we're watching a University of Tennessee football game a couple of weekends ago.
Where's fansville.
But those guys don't show up in their team
They show up in those commercials and a doctor pepper purple jersey kinda thing. So, you know, it's not showing up everywhere,
Collectives that's been a really interesting just conversations I've been having with people as organizations and boosters and nonprofits wanna come together,
To form these collectives schools and school employees are prohibited from having an ownership stake in or donating cash to collectives and NIL entities.
[18:20] But my donate time at events or items for an auction,
The NCAA board specifically noted that such collective entities could be sponsors of the school or specific team.
You know, it's gotta be arms linked deal.
I also I don't know how much the.
[18:51] In place for that
Third party can collect disclosures of NIL activity for ease of enforcement so again kinda having a.
[19:08] There's not somebody in the athletic department who's trying to do this for every university
So that hasn't been approved yet or know what structure is. Again, all of these things and there's more,
Still doesn't really flash out exactly how it's going to happen. So,
Well, just be, you know, moving in the direction of taming things down a little bit in a in a fairly.
Wild and unread unregulated you know a new arena essentially yeah yeah and I think what you know kinda where I'm seeing.
There's obviously the.
With a athlete who we hear in the news who are making one 1 million dollars deals.
Of this year 2022 I I think the average.
[20:21] You know so we're we're still talking,
Really nobody wants her and I are
All the time I'm like when am I gonna help you out with this for your kiddo and you know they're like.
And and that's it. So, anyway, I I I think we're even more so headed to more deals for the whole team.
And I hope we're headed forward more local businesses.
Who see about you when sponsoring.
You know even just for an appearance by the by the players at an event or something like that that could be AA paid.
Yeah and you know my I'm really passionate that you know most of these student athletes like you said they're not getting in IO money the majority of them are not on a.
Scholarship and do not have a food plan.
[21:37] Restaurant or franchise.
[21:40] It's a great way to help your community. So.
Science arena, the engineering arena. You know, someone wins a poetry contest. Treat them that way too. Give them a little something.
Does that hungry? Exactly, you're right. Yeah.
[22:04] Deserve some love and pizza as well,
That has restrictions on those students.
Doing anything so,
Let's just be fair. That's right. That's,
Gotta be recognized too. Anyway,
I love it. I actually have already heard
I'm alright Carrie Christmas song but not all the way through and I'm ready for some Mariah Carey Christmas.
Mariah Carey Christmas. Well, I'm not a particular fan of Christmas music generally but there are few, you know, there's some songs I'm okay with but Mariah Carey and I.
[23:12] It rubs me the wrong way. It's it's fingernails on a chalkboard to me. So,
Oh, I don't know and I looked at. So, anyway, we're starting with Mariah Carey's all I want for Christmas is you. And it came out in 1993 and so i have to put myself into where I was in life in 1993
And baby that's why I just.
[23:41] 29
[23:45] Oh 1993,
We're very young. Where I was just a small baby when that came out in 1993.
I think we've talked about Vince Vance in the valiance before related to something else but anyway, Vince,
Claiming damage is for copyright infringement unjust enrichment misappropriation lanimax slash
Trademark violations.
And shares a title with Carrie's song.
Hey Facebook came out in 2014 or something like that.
And the question really became I went and pulled up the the case. It was filed in the eastern district of Louisiana.
[25:14] I mean talk about not alleging.
That went further into comparing
The lyrics comparing the hook comparing the melody
Alright. I'm still 28 years out. Yeah,
I was still in the same place in my life so it's okay
28 years. Thank you. I was so young.
Anyway it cuz it was kinda crazy when I read the original complaint I'm like
What is the situation.
But the case has been.
[26:32] Dismissed does not the word voluntarily dismiss without prejudice so it could come back around again.
That's it and one could they prove infringement to.
[26:56] This year. Yeah. So, it's a continuing infringement claim
I know we've had some recent decisions regarding continuing infringements and the potential to continuing to get damages so I don't know if we'll see this one pop back up again or if it is a one and done,
These are two of about 177 songs that have the title,
All I want for Christmas is you.
To the extent that it's about the title and it's just not gonna fly. Yeah, the title is not gonna fly. If they can get musicologists to improve up.
Yeah, I mean, that's a different, different ball game. Yeah, but.
Okay what lyrics are common among others of those 177 songs you know it it it's a it's gonna be a tough case if it does come back.
Maybe. So the other Mariah is kinda got things going on to France. That was a copyright claim.
[28:11] I trademark claim or her company lotion LLC is battling a trademark claim.
I guess you don't think that Mariah Carey is the queen of Christmas or the princess of Christmas or the Christmas princess.
Well, she may be in all of those things at least in her own mind and those of some of her fans but.
Queen or princess of Christmas.
There's, you know, she had her team had applied for some trademarks or her company lotion LLC wanted to use the title
Queen of Christmas also princess of quit Christmas and QOC
You know other themed themed products
Carrie's team moved to extend the time to respond until they ultimately defaulted because they failed to respond so the.
Those applications the opposition has been.
[29:27] Determined against Carrie's company. The company still has one remaining application for Christmas princess. That will be published next to in January.
In an opposition might be filed at that time or they may just decide to abandon the application so
Queen of Christmas she's one of many yeah and they filed in like I don't know nine or 10 different classes for all kinds of Carrie's company did.
Recorded product. Yeah. And I wonder if they had dropped the recorded product out and only left in.
[30:10] Hey the lotion and cosmic jewelry accessories all of those kind of things if there would have been an opposition.
I don't know. I I kinda went down a little rabbit trail reading, reading about Elizabeth, Jen and her
I'm full time Christmas artist yeah what kind of rice that she was she would work in magazine world at County Nast and quit that job to.
Try and make it as a recording artist and it's an interesting story. So, yeah.
Hey Amy so here's another thing just a office practice pointer.
Do not have a trademark registration for Queen of Christmas Christmas princess any of these variations.
So
[31:12] Application or or part from the that class from the application.
Yes.
I call out the spaghetti method. Mm hmm. They they followed all of these as intent to use the variations on a theme of Christmas princess queen.
To probably figure out which one could they wanted to use.
[31:49] And now they're gonna lose the mall.
Is it with prejudice when when these oppositions are.
No. Okay, so they could refile in a particular class if they decide they're gonna get into, you know, perfume or something like that.
So it is an entirely over,
There you go. She's a royal something. I'll just post
I still have that CD somewhere. It's probably Anna. It's probably in a random CD player and a vehicle I don't own anymore. So, you know that. Well, it was nice of you to purchase it once upon a time but you can just go on spotify and listen
You know, I've started buying again. Have you? Well, download. Yeah,
Friend of mine got nominated for Grammy. Yeah, nice. I was like, mama go buy your album.
Cuz that's what friends do. How many times would i have to listen to it on spotify for him to get his nine. ยข1.
[33:14] We're good for you. You support that
Back to buying music and not just streaming it. Support your local music nominees
First off deals with termination rights why don't you take this one
Yeah so this is a really interesting the couple of things we're talking about today are all about when the copyright office or the trademark office actually ask,
For us the people
Rule making. So, the US copyright office has proposed a rule regarding the applicability of the derivative works exception to termination rights under the copyright act.
[34:06] Specific to statue blanket mechanical license under the music modernization app.
So it's very narrow and focused but that's the subject
The copyright act permits authors or their errors under certain circumstances with certain windows of time to terminate copyright grants including transfer licenses,
78 a different one after January 1 78.
There's exceptions to to both of these rules related to derivative work so that means if I wrote.
Oh, well, we're gonna talk about this. We're gonna talk about the top gun case. Yeah. The the article for the.
[34:56] The top gun newspaper magazine article was written.
To terminate those rights. So that happens.
The owner of the.
So they continue to maintain their rights in that film. So, but anyway, there's a real issue with who gets paid,
Or the rice to a song are terminated for this grant of copyright.
[35:37] How do the collection agency sort out this money and pay it? So, the copyright office believes that songwriters, music publishers, and the email say who was appointed to collect digital.
Mechanical royalties would benefit from guidance regarding the appropriate application of this derivative works exception in the context of mechanical blanket license.
And the press release goes on to say the subject is right for the corporate office to provide guidance as few federal court cases have interpreted this exception
All cases predated the MMA and have none has dealt directly with the application to a statutory license.
The goal is to clarify who should get paid
Sound awful.
[36:46] December? Is it December 1? Oh gosh.
[36:52] Yes, let's click our link and see what it is
If you got something to say, say it
You kinda what the big guys and the small guys have to say. Yeah. On this. I mean the the MLC is.
Has with many agencies are kinda placed in this Quandria of how are they gonna really differentiate this in their system.
[37:29] Yeah.
[37:34] They can put in various ISRC codes for the.
[37:43] Hey Nat.
[37:47] And then it's on the publisher to make sure that.
[37:57] Payment. Well, but for lawyers, if you are,
You know helping AA songwriter or songwriter is a state do a termination it's gonna be incumbent on.
You and your client to make sure that those.
Records at the MLC are updated so that the payments go to the right place for the underlying composition. Yeah.
Companies trying to get all this straight with the MLC and I mean the question is ripe clearly.
I mean I work with multiple states and so you can be on both sides of this conversation on the sending or the receiving of this termination and how do you want it tracked and.
World. I mean, this is essentially the the rear window kind of a scenario while the rewind is a little different but you know, the situation could happen well as we see you with.
[39:01] The top done.
[39:12] I want to go late release,
Well danger zone if we're gonna use our top gun or or all I want for Christmas.
[39:24] And let's say that both of those may have been subject to a termination but I don't go get a direct license from the music publisher.
I follow the procedure to get a statutory license I go to music reports or some other company and get a statue mechanical license and release my single and upload it through an aggregator
For all the world to listen for you to stream Gordon and listen to.
And then it becomes an issue of well Spotify has to report these streams and they see.
All I want for Christmas I don't know who wrote that album it's Mariah Carey wrote it or not probably not but.
The actual record and release date in relationship to Spotify's not keeping up with any termination notices.
[40:19] And so you know is that the only way would be an ice RC.
[40:30] Interesting.
[40:40] It's not translate,
Well, listen, you know, the next story about the coproid office is actually an interesting way. You don't hear too much about the copyright office cancelling registrations but it can happen
Her graphic novel Zariah of the Dawn.
Which is the first known instance of an AI generated work being successfully registered at the US copyright office
The office has now sent Christina Cash to Nova a notice of the a notice
That the registration might be cancelled and it's requesting further details about the creation of the work.
[41:34] And the couple of officers now seeking to confirm that there was sufficient human input in the creation of her work
In a statement to IP watchdog the copper head office said copper it under US law requires human authorship the office will not knowingly grant registration to work that was claimed to have been created solely by machine.
With artificial intelligence. Now the cop right offers does have the authority under section 201. Seven of CFR seventeen's.
17 CFR 201. Seven to cancel a registration after giving a claim at 30 days to defend the registration.
[42:12] So this presents all kinds of complications in
At least possible complications in future registrations depending on the terms of use for the AI art generating programs
B issues just in how the work is generated as sometimes they actually scrape from other
Places on the web and reproduction can cause all kinds of interesting liability questions
Lots of artists use it it's amongst several similar platforms that have announced the creation of their AI art generation systems,
As a source for the system to reference. So, in other words.
[43:08] An option on the site would preclude third parties from scraping.
It's member artist work to help generate AI generated art. So, basically, keeping it all in house. It should be noted other platforms, new grounds, purple port.
Getting images they've just said no no AI generated art at all.
On our sites and that's kind of another interesting development. Support the human artists.
Of office practices at section 313. Two
A photograph taken by a monkey which we've talked about.
Claim based on cut marks defects and other qualities found in natural stone.
An application for a song naming the Holy Spirit as the author of the work
Without any creative input or intervention
Information and the author
Hey portal intervention from a human author so it seems.
[44:36] Well and so my my question was how'd she get caught.
[44:47] That there might have been an issue. So,
Has been posting
And so she posted a picture of her copyright
And you know, this only which was amazing. She got it back in 2 weeks. That's pretty crazy. But yeah, but anyway,
Blocked out her address and contact information but there was enough there for me this show to see that she claimed the soul author was her,
And at these old copyright claimant was her.
[45:38] Copyright climate. If she used a eye. So then I'm asking myself,
South.
Because.
[46:00] Hey wasn't a human.
That meets the standard originality. Mm hmm.
To claim.
And if there's no other human author.
[46:25] She is the soul.
There's an interesting argument to be made there.
You know taken to a slightly absurd conclusion is the paintbrush.
[46:50] Oh because I'm software is a tool.
[47:01] You know,
Popped into my mind's eye was the the.
[47:20] Prints appropriation art.
And and what was done to alter that.
[47:33] Did it matter whether or not I that you are just held a paintbrush brush in their hand and change the coloring or they ran it through.
Right that's his last name is Prince right
For the musician
What is the appropriate thing to put on the copyright application? Is it a disclaimer of material that is disclaimed.
And are we now gonna have a blank in that an option in that column where it doesn't say in addition to,
Wow
Whatever else is in the material disclaimed column I mean under other is we need to start checking that box and say AI generated content
Which you can put at the very end of your application I think it also needs to be in the material disclaimed.
[49:03] Section of the top right application,
I mean, boy, talk about taking away the art.
Doesn't ask you to put all that on the application. No.
Material and the only way to do that is say while the machine took my inputs and turned it into that.
[49:35] Right.
It's a mirror image and that disclaimer you're saying I started with this stuff and I did my thing to create the cooperated work.
[49:55] In the scenario we're dealing with here it's I started with my thing and the machine did the rest.
[50:02] So, it would, I mean, you know,
The process. Okay. Yeah. That's all I'm just gonna do. It may be so unwheeledy to disclaim everything.
[50:20] Feels like a recipe to me. Maybe, no, and you know, it's not protected.
The cookbook. Yeah. Yeah.
[50:40] There you go.
That reality there you go,
Well, I'll tell you our government offices, the corporate office on the trademark office, they are dealing with some sticky issues in this era of newer technologies and the next story is that the USPTO and the coprode office are
Conducting a joint study on FTs,
This panel that's gonna be studying this topic. So, what they're doing is.
[51:20] Of this year senators Patrick Leahy and Tom Tillas sent a letter to the offices requesting that they conduct this study
Law and policy issues associated with NFTs
So in late November the 23rd the office is issued a notice in the federal register seeking public comments in to assistant preparing the study
You can start starting January 9 of next year you can submit
Your comments through regulations. Gov,
On January 10
12th and 18th respectively. Members of the public interested in participating as a panelist in one or more of these round table sessions and they submit a request to do so via email. We'll post the
The link to that it's NFT study speaking requests@USPTO. Gov
That's a mouthful
These have to be received by December 21.
[52:37] And request participate as a panelist made in any other form including as part of,
So if you can't do it by email contact the offices use there's other information in the federal register notice.
And.
[53:03] View points and so on. So,
Yeah I I mean I I love that both offices.
Men and senators that the legislative branches saying.
What what is not listed.
And I,
I feel fairly qualified to comment on a round table related to trademarks or copyright.
Write a publicity does not have federal law.
And so but to me that is the clearing element that is missing that I think will have to be addressed in both the trademark and copyright panel.
Because it's very hard.
[54:22] There's a human.
That may be a separate right controlled.
[54:38] In a different.
I think I have a smoke coming off the top of my head now cuz I just occurred to me that you could take a human.
An image of a human person
Oh, there you go. And so, all of these issues are coming together in in one place potentially and yeah, you're right
It does need to be studied and.
Regulations. Gov.
Right and I suspect the reason why the publicity is not included is because.
Hey Facebook.
Fast association which maybe that's it maybe they should need to study it through a what is that 11 25.
Be 11 25 A something like that under the faucet association section which is the closest thing to a federal writer public listing while we have.
[56:02] If they can I don't know about jurisdictional you know.
Authority for that but.
Bringing it to the attention of the panels hey there's more to it than this,
Yeah. Yeah. And just okay. So, side bar, write a publicity is covered by state law. Yeah. For states that have it
So you have to look at each state law,
So
That you can access that stuff and the show notes for our episodes are always entertainment law update. Com slash.
[56:58] Entertainment update. Com slash 151 we'll get you to this episode show notes.
So music labels against ISPs we remember back in 2019 Cox communications.
Was forced to pay a one 1 billion dollars in while they judgement refer one 1 billion dollars to 53 music publishers.
For profiting off of repeat infringers.
So to secure safe harbor protection under DMCA internet firms may have to provide copy owners with a take down system.
Whereby infringing works can be removed and infringers can be targeted in multiple repeated fringes you know have to be,
Suspended in those kinds of things.
And so it lost its safe harbor protection and became liable for its customers infringement.
[57:53] So other copyright owners have been turning to the courts over the piracy of movies and music using copyright laws their weapon of choice like the cox judgement which has been an encouragement as well as validation to the record industry that
Unchecked online infringement
Can't stand
Astound broadband they also sued charter communications and bright house networks,
Neglecting more than a one 1 million infringements of copper it works by users on its peer to peer file sharing systems
Sharing system by permitting repeat infringers to use the services.
That the arguments in the suit represent an absurd expansion of copyright liability claiming that it's in an impossible position of either terminating the accounts of subscribers based on unverified allegations of piracy.
[58:59] Or face litigation for contributing to the enfringment of thousands of copyrighted works,
Ronda also claimed that the case is an attempt by the US recording industry to make internet service writers or ISPs it's de facto copyright enforcement agents,
So last minute auto court settlement between charter and bright house with both charter and Bright House entered into a
An out of court settlement
That jury has now awarded the record companies roughly $33 thousand for each,
Of the 1403 works infringed for total of $46. 7 million in damages.
Representative from the RI double A Mitch Glazer the CEO said the jury strong action here sends an important message to internet service providers so.
[59:53] It's hard to believe it's still ongoing.
[1:00:09] Interesting $33 thousand each.
More than the 30 1000 steps.
It probably comes up under.
[1:00:31] Yeah.
You know, these are unverified allegations of privacy.
[1:00:52] Very easily.
If the policy says suspend the news is supposed to suspend but.
[1:01:10] You know I didn't do it or it wasn't me or you know there's all kinds of.
Sticky issues that can come up for.
ISP I don't think there's a wrong decision I just it's an interesting argument and it may need.
[1:01:28] Further tweaking to the to the law or to how it's applied in these situations and.
Hey.
[1:01:50] No for the playnos,
These guys as the water was at the unofficial infringement arm or if don't remember exactly how they worded that.
[1:02:13] We know that infringement is happening. No.
[1:02:17] An email and how do we get it to stop? What's the biggest if you represent the copyright owners? What is the.
Way to get the most mass casualties.
[1:02:31] And get him to stop and I think it is the service provider cuz it's not gonna work onesie two sees going after people. Right.
I mean, this is functionally equal than saying, hey, if you are on a building and you know that your tenants are using the rent, they're paying rent but they're using the facilities to commit crimes. At some point, you gotta get rid of the tenants or lock the don't lock them out or something
Right you need to hear you know they're cooking math,
You need to you have to take some responsibility or your contributing to the crime. Right. Exactly right,
Although there are those that would argue and that's not really true.
But then it becomes a broader policy question doesn't it.
[1:03:19] Policy in slippery slope we try to avoid those altogether.
[1:03:32] Do we know that that's the issue that there was only DMCA notices.
Well if the if the labels didn't sue individual customers that had been allowed to persist and continue.
Hey you knew about these they were repeating they were repeat.
Isn't that what the liability rules from.
Yes but I would suspect
And the truth is now that I think about it, it's really just saying safe harbor doesn't apply. You can still come into court and defend that
Some other ways and those kinds of things.
Yeah okay I've I've changed my tune.
They had sent the appropriate amount of take down notices and it still kept coming up.
Well, let's wrap up the show with our discussion of the top gun,
The top on Maverick case that we've been sort of teasing throughout the episode here today. It's in the district for the central district of California, Paramount has made a motion to dismiss the suit.
[1:04:59] And it's been denied so the super go forward in 1983
Paramount had obtained the rights to an article titled Top Guns that had been published in California magazine earlier that year
The author of the article a hood yonae,
Received a based on credit in the hit film and a mention of the original article. Well, earlier this year when Paramount released a reboot called Topgon Maverick
The new film did not credit or mention your name who had passed away in 2012 nor did it discuss his article
Moreover under the copyright act Paramount's rights terminated 35 years after the initial agreement actually,
Donate a state terminate the copyright brand in 2018 that same year,
The rights they they issued the notices and the rights officially reverted back to them in January of 2020.
[1:06:05] After those rights had reverted and that paramount deliberately ignored the fact that it didn't own the rights to the underlying article,
Paramount of course claims that the movie was in the can prior to January 2020 when the rights reverted back
The estate.
[1:06:31] To the court denied the motion to dismiss and is allowing planets to continue with the lawsuit they noted,
That enough similarity has been alleged between the article and the the court noted that there's enough similarity exist between the article and the sequel
For reasonable minds to differ on the issue of substantial similarity so,
Consider not basic plot points
That make up the total sequence of events and the relationships between the major characters the intrinsic test which considers an ordinary person subjective impressions of the similarities between the two works was not performed,
Because that is according to case law is exclusively the province of the jury so.
There will be a trial.
Coming up with it.
[1:07:38] Hey.
I I still wanna go see it in Imax,
Yeah, it's worth it. It's it's I mean it's a very entertaining movie, very much in the vein of the original, and.
[1:08:10] Well, I'm not gonna apply on substantial similarity but I think there's something there. Well, and I've not read the article because it's not substantial similarity between
Top gun Maverick in the article which makes me feel
Terminated so let's don't even go on how many years ago that will.
[1:08:41] Okay well,
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[1:09:21] Yeah. So, I am online most social media at Tamara Bennett, T Bennette Law. Com or create protect
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And with that I'll queue the music and we'll say thank you again for being here that wraps up this episode of Entertainment.
[1:10:48] Music.