Copyright

Pandora’s Licensing Rights Won’t be Yanked

By Christina Severino | amdlawgroup.com A 2013 decision by New York federal judge Louis Stanton has prompted digital media outlets, namely Pandora Radio, to seek advice how to proceed if their licensing rights were to be taken. Judge Stanton ruled that if major music publishers decide to withdraw performance licenses, they must withdraw fully, not just partially to avoid online digital streaming companies. This decision resulted after Sony/ATV and EMI modified their consent decrees with BMI, wh

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Estate of Marilyn Monroe Virtually Sued

By Christina Severineo | amdlawgroup.com The advent of holographic depictions of deceased celebrities has been trending, with artists such as Michael Jackson being projected and performing on stage with other performers. The hologram of Michael Jackson during the 2014 Billboard Music Awards was truly a bittersweet experience for audience members. Nonetheless, the growth in use of avatars, holographs, and CGI in live performances has given rise to several legal issues, including who has patent r

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Do Memes Violate Copyright Law?

By Laura Schrauth | www.amdlawgroup.com Anyone who has used the internet in the last several years has undoubtedly seen or heard of memes.  Meriam-Webster defines memes as, “an amusing or interesting item (such as a captioned picture or video) or genre of items that are spread widely online especially through social media.”[1] While memes are enjoyable and sometimes controversial, they are also legally relevant. Memes can take on legal challenges in cases where the underlying photo is

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Fashion Law: What Threatens Your Brand Value & What Causes the Invasion of Online Piracies? (1)

By Sindy Wenjin Ding | amdlawgroup.com             Although it has long been said the imitation may be the sincerest form of flattery, in fashion business, unauthorized “imitations” cost companies immeasurable sums in lost sales and damage to the reputation.[i] Most fashion companies don't welcome, even fear this kind of flattering, when counterfeiters imitates and squat in websites that bear valuable intellectual property of companies or individuals without their permissions. Li

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The Emerging Market of Revenge Porn

Brandon McCoy | www.amdlawgroup.com Imagine meeting the man or woman of your dreams. You are in bliss as the two of you undertake the journey to build a loving, and comfortable relationship. The relationship is a safe haven, a place of solace. It is so sacred that the two of you become romantically involved. You trust one another so much that harmless photos or videos are shared, and saved on each other’s mobile or media devices for future viewing. Then the unthinkable happens…a nasty bre

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Trademarks on the Watch Get Smart

By Caroline Lau | amdlawgroup.com This past June, Apple has filed for a trademark on the name “iWatch” in Taiwan, Japan, Russia and Mexico, and reportedly in Turkey, Chile and Colombia as well. Analysts take the term to imply that a new ‘smart watch’ is in the works to be released by the tech company; however, the trademark applications could just be a protective move to reserve the name itself, or it could signify a different type of product altogether (some have speculated at te

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People must LIKE to sue Facebook

By Kathleen Melhorn | amdlawgroup.com             For the umpteenth time, Facebook is facing copyright infringement charges this week. After a Dutch family realized Facebook had very similar features to the invention made by their deceased kin, a lawsuit was issued. A  Dutch programmer by the name of Jos Van Der Meer made a program that was much like a “social diary” and linked content from third party sites. He was also granted a patent for this feature in 1998, long before Fac

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You Can’t Have My Blessing…Or The Music!

By Breanna Pendilton | amdlawgroup.com Copyright law is founded upon the theory that it will promote and incentivize new works, while also giving credit to the originator.  But what happens when the owner of that work, will not share it?  Does that promote and incentivize new works?  Lifetime has recently announced its plans to make a biopic of the late singer Aaliyah, who died tragically in a plane crash at the age of 22 in 2001.  Her family, who was not contacted about the biopic, is not

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Court Date Set for Facebook Ad, Eminem Song Copyright Case

By Caroline Lau | amdlawgroup.com     8 Mile Style, a song publisher for Eminem, filed a lawsuit in May against Facebook and Wieden & Kennedy, the advertising agency behind Facebook’s “Airplane” commercial for copyright infringement. The copyrighted song in question is “Under the Influence”, a collaboration piece between Eminem and rap group D12 off “The Marshall Mathers LP”, Eminem’s third and most successful studio album to date. A court hearing is scheduled for Augu

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EU – Article 13 Ramifications Chill Content Creation

By Alana Ballantyne The European Union recently shook up the world of digital copyright with their sanction of the controversial new amendment; Article 13. Article 13 amends and strengthens the current EU copyright law, already one of the strictest in the world. The passage of the amendment aims to stop the spread of misinformation, termed “fake news” and ensure that copyright violations are taken seriously by large multinational content engines. What makes this amendment so controver

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Another Fashion Design Steal? Designer Leggings

Gloria Han | www.amdlawgroup.com Designer for Atelier de Geste, Beau Rhee was surprised to find one of the models in John Galliano’s debut show at London Fashion Week wearing a two-toned legging design that she featured in her own collection. Rhee watched the fashion show on Monday to see the Maison Margiela fashion show and was excited for the new haute couture fashion designs. Unsure whether the similar designs were simply coincidence or mere imitation, Rhee posted the pictures on Twitter

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Internet Service Providers and Copyright Infringement – International Intellectual Property Law – Case Study #6

An alliance known as the Center for Copyright Information has been formed between Internet Service Providers (ISP’s) and owners of copyrighted material to help inhibit copyright infringement on the internet. The partnership consists of Internet Service Providers AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon, with the Motion Picture Association of America and the Recording Industry Association of America. The plan proposed by the coalition is unlike anything done in the past to

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Coke’s “Zero” victory in the U.S. Patent and Trademark Office

By Gabrielle Sherwood| Editor: Tikwiza Nkowane| www.amdlawgroup.com A three-judge panel on the U.S. Patent and Trademark Office Trial and Appeal Board (“TTAB”) granted Coca-Cola rights to trademark the term "Zero" for its soft drink products. This decision was a major victory for the company. Since 2003, Coca-Cola has been trying to win exclusive rights to the no-calorie beverage brand name-and they finally have. There were many valid arguments against granting rights to trademark the

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