No Substantial Similarity in Photo Used in TV Movie
The U.S. Court of Appeals for the First Circuit ruled that two television production companies didn't violate a photographer's copyright when they used an image they created that was similar to his photo ' depicting an imposter, who called himself Clark Rockefeller, and his daughter ' in a made-for-TV movie.
7th Circuit Backs Use of Fan Footage in Joan Rivers Film
The U.S. Court of Appeals for the Seventh Circuit affirmed dismissal of a suit by a fan whose 16-second backstage discussion with the comedienne Joan Rivers was included in the documentary <i>Joan Rivers: A Piece of Work</i>.
Valuing a Celebrity's Right of Publicity
Unlike patent, trademark and copyright law, rights of publicity are governed by a patchwork of state statutes and common-law decisions, rather than by a single federal statute. And unlike trade secret law, rights of publicity are not subject to a uniform state law adopted in the vast majority of states. But as with valuing other intellectual property assets, right of publicity (ROP) valuations need to consider the unique characteristics of the subject asset and the context of the valuation.
Video Privacy Law and Online Services
The Video Privacy Protection Act (VPPA), passed by Congress in 1988, has reemerged as consumer video rentals have migrated from brick-and-mortar video stores to online subscription services, or sites that allow digital streaming of TV shows and movies over the Internet.
Internet Memes and Intellectual Property Risks
Internet memes ' those attention-getting images, videos, and catchy phrases that whip across the Internet via e-mail and social media ' have long been a part of online culture. But while a corporate strategy of exploiting memes can be highly entertaining and can capture consumers' attention, using these online assets can be risky if intellectual property rights are infringed in their dissemination.
Bit Parts
Reality TV Shows May be Substantially Similar<br>Suit Can Proceed Against Sponsor of Planned Awards Show<br>Translation of Russian Agreement Allows Copyright Claim to Be Reinstated
Counsel Concerns
Damages Assessed Against Lawyer with Share of Royalty Company for Fraudulent Transfer of Assets<br>No Judicial Estoppel against Law Firm in Malpractice Suit over Multimedia Patents
Decisions of Note
Suit over Santa Song Filed in Wrong Court<br>$320M Affirmance in Millionaire Case
Analysis of Appeals Courts' Views on File Sharer Damages
In 2012, the U.S. Court of Appeals for the Eighth Circuit issued what was only the second federal appellate ruling on statutory damages against an infringing file sharer. The Eighth Circuit reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.
Video Privacy Law and Online Services
The Video Privacy Protection Act has reemerged as consumer video rentals have migrated from brick-and-mortar video stores to online subscription services, or sites that allow digital streaming of TV shows and movies over the Internet. The VPPA, which generally prohibits video service providers from releasing personally identifiable information without written consent, has become a relevant concern for modern media providers because such services are now typically linked to social media sites that allow users to share viewing habits, something that was not possible 20 years ago.
