This CopyKat from David Liao
Duran Duran lose copyright battle: Under US copyright law, songwriters have an inalienable right to call for a reversion of copyright after 35 years, a provision introduced to help address the imbalance of negotiating power artists tend to have early on in their careers. 1990’s group Duran Duran had sought to use this right to reclaim copyright in their first three albums, Duran Duran, Rio, and Seven and the Ragged Tiger, effectively terminating their agreement with publishers Gloucester Place Music (owned by Sony/ATV via their takeover of EMI Music Publishing). However in a High Court ruling last week, Mr Justice Arnold ruled “not without hesitation” that the contractual interpretation suggested by Gloucester Place was the correct one, and that the “parties' intention was that the 'entire copyrights' in the compositions should vest, and remain vested, in the claimant (Gloucester Place) for the 'full term' of the copyrights.” As such, Duran Duran would have to withdraw its application to have their copyright reverted. The effect of this is to allow English contract law to override statutory rights in another jurisdiction, and sets a troubling precedent for other UK songwriters as a test case. We wait to hear whether the group will be granted leave appeal.
Symposium - ‘Harmonising European Intermediary Liability in Copyright’. The Institute for Information Law (IViR) of the University of Amsterdam is organising a one-day academic symposium on European intermediary liability on 14 January 2017: In view of the new EU copyright reform package, the symposium will examine the issues surrounding intermediary liability in copyright in Europe, including the extent of duties and remedies which are appropriate to impose on intermediaries and the conditions to govern these. Moving beyond the current safe harbour regime, it will explore avenues towards the adoption of a substantive European system. Spaces are limited and registration is required – see here for more details.
Jersey Boys: The creators of hit musical “Jersey Boys” have been held by a jury in Nevada to have infringed copyright in an unpublished book. The claimant (Donna Corbello) is the widow of Rex Woodward, who had co-written an autobiography with founding member of the Four Seasons Tommy DeVito (as previously covered here on the 1709 Blog). Despite Judge Robert Jones previously noting that historical works are entitled to lesser protection than works of fiction, which suggests only Woodward's expression of these facts or his “unique selection and arrangement” of otherwise unprotectable elements would attract copyright protection, there were eleven similarities identified between the manuscript and the musical. It was not indicated which specific parts of the autobiography were copied but these similarities include the dialogue surrounding songs, the characterisation of individuals, and the description of scenes. It was also decided that the copied material contributed 10% to the show’s success. Damages will be determined at a late trial and a spokesman for the show has told NBC 4 New York “Jersey Boys” plans to appeal this decision – stay tuned.
Getty Images: Getty Images has had a copyright case dismissed without prejudice. Previously covered here by the 1709 Blog, Getty had threatened photographer Carol Highsmith via License Compliance Services (LCS) for copyright licence infringement. Ironically the image in question was one of Highsmith’s own - she had donated it to the Library of Congress, and Getty and its affiliates were subsequently discovered to have made available more than 18,000 of her other photographs. Highsmith responded with a copyright claim of statutory damages of almost $500m. These claims were, however, recently dismissed in a New York District Court, along with other claims that Getty and LCS had charged licensing fees and collected settlements from purported infringers for images they had no right to represent.
Back in August last year the CopyKat noted that Disney could be heading to trial over copyright infringement claims involving it's blockbuster animated hit and $1.22 billion grossing "Frozen". Now that seems to have come about. Back in August, Kelly Wilson, who created a short 2D computer-animated film called "The Snowman", survived the first round in a copyright lawsuit against the company, after a judge noted some key differences between the two films - such as "Frozen" being lighthearted and The "Snowman" not, but also found some similarities. Now Judge Vincent Chhabria has stated that he has a “fairly strong inclination” that a jury should decide whether the Disney official with creative responsibility for the trailer also had access to Wilson’s computer-animated film. Chhabria stated that he will issue an opinion on the two party’s summary judgment motions, but indicated the matter was headed for a jury trial. Wilson claims that the marketing trailer for “Frozen” directly infringed on her copyrighted film. Wilson’s complaint states that she created "The Snowman" between 2008 and 2010 and that the short was screened at eight film festivals. One of those screenings was at the San Francisco International Film Festival in 2011, where she shared the stage with an employee of Disney’s Pixar Animation Studios, which was also screening a film in the same session. Wilson’s "Snowman" is the story of a snowman who has to race to save his carrot nose from a group of ravenously hungry rabbits after it falls off and slides to the middle of a frozen pond. Wilson claims the 2013 "Frozen" trailer featuring Olaf dashing to save his carrot nose in a race to the middle of a frozen pond with a reindeer is substantially similar to her film. “The storyboards tell an interesting story,” Judge Chhabria said: “I think it’s a story to be told to the jury.” More here.
The U.S. Court of Appeals for the Ninth Circuit has revisited the issue of a copyright co-owner’s right to grant an exclusive right to a third party, clarified its prior ruling in Sybersound v. UAV, and explained that a copyright co-owner may unilaterally transfer any exclusive copyright interest he or she possesses. The decision in in the 'Jersey Boys' case which has been covered by this blog here and here: Corbello v. DeVito, Case No. 12-16733 (9th Cir., Feb. 10, 2015) (O’Scannlain, J.) (Sack, J., sitting by designation, concurring in part). The interesing resource for U.S. clopyright decisions, JDSupra, has the full picture.
UK copyright laws do not provide online content providers with freedom to retransmit TV programmes shown by UK public service broadcasters (PSBs) to fixed-line internet users who could otherwise watch the programmes on TV, the UK government has said. The Department for Culture, Media and Sport (DCMS) said that it is its view that rules contained under s73 of the Copyright, Designs and Patents Act 1988 (CDPA) do not "apply to content transmitted over the internet". The provisions were drawn up to "support the development of analogue cable infrastructure in the 1980s and 1990s" and are now "out-dated", it said. DCMS said that it intends to repeal s73 "at the earliest opportunity" but has opened a consultation on what the "potential implications" of that move would be as part of wider plans to remove existing regulations relating to public service broadcasting. From the ever excellent Out-law.com. The Court of Appeal has of course referred further questions to the Court of Justice of the European Union (“CJEU”) in ITV Broadcasting v TVCatchup (C-607/11) - the second time that the case has been before the CJEU. The Court of Appeal has sought clarification on whether s73 CDPA (the defence for regionalised retransmission of broadcasts by cable) is compatible with Article 9 of the InfoSoc Directive (2001/29/EC) and that it covers streaming of public service broadcasts via the Internet. If you can stomach any thing more on the CJEU on communicating with the 'new public', there's more from Professor Jan Rosen over on the IPKat http://ipkitten.blogspot.co.uk/2015/04/the-cjeu-new-public-criterion-national.html
The latest efforts by the American record industry to force terrestrial radio stations to pay royalties to labels have moved forwards with new proposed legislation in the Congress: The Fair Play, Fair Pay Act is backed by four members of the House Of Representatives: Democrats Jerrold Nadler, John Conyers Jr and Ted Deutch and Republican Marsha Blackburn. While AM/FM radio stations do not pay royalties to labels, online and satellite radio stations do, because the Digital Millennium Copyright Act applied a 'digital performing right' to the sound recording copyright. The New Act would provide for a general public performance right for all sound recordings that are still within copyright in the USA, including per-1972 recordings which a number of digital operators (including SiriusXM) have argued are outside of federal law. More here.
And following on from that, the U.S. Second Cuircuit Court of Appeals will consider whether the owners of pre-1972 sound recordings have performance rights to their songs in an appeal brought by SiriusXM is seeking to appeal the ruling of New York federal judge Colleen McMahon's that denied its summary judgment motion in a lawsuit brought by Flo & Eddie of The Turtles. In her opinion, the judge addressed whether New York law protected public performance and wrote that "acquiescence by participants in the recording industry in a status quo where recording artists and producers were not paid royalties while songwriters were does not show that they lacked an enforceable right under the common law — only that they failed to act on it." SiriusXM is presenting two questions to the 2nd Circuit. First, “Under New York law, do the holders of common law copyrights in pre-1972 sound recordings have, as part of the bundle of rights attendant to their copyright, the right to exclusive public performance?” And Second, “Does the Dormant Commerce Clause prohibit the State of New York from enforcing a property right that it recognizes at common law?” More on the Turtle's actions here.
HBO has blamed Periscope for facilitating mass copyright infringement after four episodes of the new series of Game of Thrones were leaked and widely shared using the service. According to The Hollywood Reporter, HBO has sent takedown notices to Periscope and it's also taken a dig at Periscope for what it implies is a hands-off attitude toward piracy. "In general, we feel developers should have tools which proactively prevent mass copyright infringement from occurring on their apps and not be solely reliant upon notifications". Periscope is owned by Twitter and the app lets users broadcast whatever's around them. Game of Thrones was the most-pirated TV show globally during the last three years.
As the Australian courts ordered Australian internet service providers to reveal the identities of 4,726 internet users who had illegally downloaded ‘Dallas Buyers Club’, there was a massive rise in Google searches for ‘VPN’ : By using VPN services or BitTorrent proxies, user's sharing activities can no longer be linked to their ISP account.
The Fincial Post tells us that the Ontario Court of Appeal has certified a class action allowing the province’s 350 land surveyors to sue the managing corporation of Ontario’s electronic land registry system for copyright infringement. At the heart of the case is the surveyors’ claims that they retain copyright in the surveys they prepare and register. Teranet, who has managed the electronic land registry for the provincial government for 25 years, scans the surveys into digital format and adds the electronic information to its database. Teranet also provides electronic copies of the surveys to system users for a regulated fee but pays nothing to the surveyors. The surveyors claim this infringes their copyright.
And finally from the China IP Newsletter from the IPO, UKTI and British Embassy in Beijing, news that the Chinese State Administration of Press & Publications, Radio, Film & Television (SAPPRFT) has announced new regulatory measures - effective from April 1 - limiting foreign TV shows to a maximum of 30% of content on major streaming platforms. The content of foreign shows will also be subject to stricter supervision and must be pre-approved by SAPPRFT. Pre-launch censorship checks cause distribution in China to lag behind international release dates and have been blamed for increases in online piracy in the country. More here in Chinese.
CONGRATULATIONS to Keswick Football Club for their victory in the Westmorland Senior Cup on the 18th April 2015. Well done !!!!
Sky is paying £10 million per football match in a new deal with the England's Premier League. As the market digested the £4.176bn Sky is paying over three years for 126 live matches each year it seemed that many analysts think that Sky has overpaid. Sky’s share price fell by 5%, the biggest faller in the FTSE 100. The deal is an 83% increase over the cost of the existing contract and includes a new Friday night slot. BT’s shares, by contrast, were up by more than 4% in early trading on Wednesday. It will pay a total of £960m compared to £738m for two packages which would include 42 games each season, which is £7.6m on a per game basis, a rise of 18%. BT will show matches on Saturday evenings and and a handful of Sunday and midweek slots. The new contract which totals £5.136 billion begins in 2016. The combined figure for the 2013-2016 seasons was £3 billion, and for the 2010-2013 seasons was £1.8 billion.
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Andrus Nomm, a 36 year old Estonian who lives in the Netherlands, and one of a small group of ex MegaUpload staffers who are facing extradition to the US for involvement in the running of the controversial file-transfer company, has pleaded guilty to criminal copyright infringement charges and has been sentenced to a year and a day in a U.S. prison. Nomm pleaded guilty in U.S. District Court for the Eastern District of Virginia to conspiracy to commit felony copyright infringement. District Judge Liam O’Grady accepted the guilty plea and imposed the sentence. Nomm is the first defendant to face charges in the U.S. in the Department of Justice’s long-running copyright infringement case against Megaupload, and Nomm voluntarily waived his right to fight extradition. The plea is “a significant step forward in the largest criminal copyright case in U.S. history,” Assistant Attorney General Leslie Caldwell said in a statement. Speculation remains that he had done a deal with prosecutors, and will agree to testify against his former colleagues, including Kim Dotcom. Prosecutors agreed to a light sentence for his guilty plea, the DOJ said in a press release.The DOJ has accused the operators of Megaupload of running websites that wilfully reproduced and distributed movies and other products protected by copyright. In court papers, Nomm agreed with prosecutor estimates that the cost of Megaupload’s infringement was more than $400 million. The final indictment charged the defendants with conspiracy to commit racketeering, conspiracy to commit copyright infringement and conspiracy to commit money laundering. In addition, the defendants are charged with five counts of criminal copyright infringement and five counts of wire fraud. More on PCWorld here.
A New York federal judge has agreed to certify an interlocutory appeal by SiriusXM against the ruling that gave state copyright law protection to pre-1972 sound recordings. As a result, the 2nd Circuit will now address the legal issue that copyrights in pre-1972 sound recordings didn't cover the right to exclusive public performance - a position successfully challenged by Turtle's musicians Flo & Eddie of The Turtles who filed filed 2013 lawsuits in California, Florida and New York.
And the latest skirmish in who pays what for streaming music in the U.S. has kicked of in a court in New York. Its a legal battle over what royalties the Pandora streaming service should pay American collecting society BMI. Against the backfrop of the major publishers seeking to withdraw their rights from BMI (And ASCAP) so they can licence streaming services direct, this case concerns the terms of BMI's current licence - Pandora wants to pay 1.75% of its revenue to BMI, while the collecting society wants 2.5%. Whilst Pandora wants to maintain the status quo, somewhat oddly given the background, BMI will argue that it should be able to increase the rate from 1.75% to approach the rates the majors have achieved.
The 9th U.S. Circuit Court of Appeals has reversed a decision in a copyright lawsuit against two members of the Four Seasons and developers of the group’s Tony Award winning biographical musical “Jersey Boys.” Donna Corbello sued Frankie Valli and fellow Four Seasons band member Robert Gaudio in 2011 for copyright infringement, claiming the musical was based in part on an unpublished autobiography of Four Seasons band member Thomas DeVito that her late husband Rex Woodard ghost-wrote. Although initially registered in DeVito's sole name, Corbello amended the US copyright registration so Woodard and Devito were co-owners. She said she deserved to share in the profits from the musical's success. The appellate court said there was contradictory evidence about whether Valli and Gaudio executed an agreement with DeVito to produce the play in time to avoid termination of their ownership rights but that “a co-owner of a copyright must account to other co-owners for any profits he earns from licensing or use of the copyright.” The case will now be sent back to Nevada federal court to determine if the musical infringes the autobiography, and Corbello is entitled to royalties from the theatre show which has run since 2005 and the Clint Eastwood film of 2014. More here and in the Hollywood Reporter here.
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A federal judge has refused to stay a Seventh Circuit decision affirming that most of the Sherlock Holmes stories have lapsed into the public domain as the estate of Arthur Conan Doyle appeals to the U.S. Supreme Court. An attorney for the Estate told Law360 the denial on Wednesday by U.S. Circuit Judge Richard A. Posner was “no surprise,” adding that “the real question” is whether the Supreme Court will grant the Estate’s motion. Last month the Seventh Circuit upheld a lower-court decision that the elements included in the 50 Sherlock Holmes stories published before Jan. 1, 1923, are in the public domain in the United States. It rejected the Doyle estate’s rather novel argument that the great detective is a “complex” character who was effectively incomplete until the author’s final story was published in this country, leaving the entire body of work protected by copyright. Sherlock Holmes and the mystery of copyright HERE.
Rupert Murdoch's News Corporation Australia has used an inquiry by the nation's Senate into a proposed Australia/South Korea free trade agreement to suggest internet service providers become copyright enforcers. In it's submission to the inquiry, News Corp backs proposals in the treaty to criminalise 'net piracy, and the implementation of legal “incentives” for ISPs to “cooperate with copyright owners in deterring the unauthorised storage and transmission of copyrighted materials”. The move comes against the backdrop of the 2012 decision by Australia's High Court which confirmed that internet service providers are not liable for authorising copyright infringement by making their services available to people who do infringe copyright. New Corp's view is that current legislation, the submission says, does not “provide rights holders with means to protect rights online”.
An update on SoundCloud: The online music sharing service is seemingly close to a deal with the largest record labels Universal Music Group, Sony Music Entertainment, and Warner Music Group. Bloomberg says the major labels will agree to licences so SoundCloud can continue play their songs - and avoid potential legal disputes. It seems SoundCloud is offering the three major labels equity in the company, in exchange for both licensing deals and guarantees not to sue over any past copyright violations when the service shifts to a monetised model. According to Bloomberg, Universal, Sony and Warner are being offered between 3% and 5% of SoundCloud, along with a cut of future revenues.
The Pirate Bay is asking it's users to support the two original founders currently in custody - Gottfrid Svartholm and Peter Sunde with a banner on the website saying “Show your support by sending them some encouraging mail! Gottfrid is only allowed to receive letters while Peter gladly receives books, letters and vegan candy.” Sunde is now serving the sentence he received from the original trial in the District Court of Stockholm, Sweden on April 17, 2009. where the court sentenced the founders to one year in prison (which was reduced in appeal). He is being held in a high security prison in Västervik, although he recently requested a transfer to a lower safety class unit. Svartholm already serviced his TPB sentence, but he has been accused in Denmark of hacking into the mainframe computers of IT company CSC. His new trial starts in two months and he faces up to five years in prison. More on TorrentFreak.
The U.S. Copyright Office is asking the public to comment on what the Supreme Court’s ruling on streaming TV service Aereo means for the future of copyright law. The office “is interested in commenters’ views regarding the Supreme Court’s opinion in Aereo and how that opinion may affect the scope of the rights of making available and communication to the public in the United States.” Specifically, the office asked how last month’s 6-3 decision affects “unauthorized filesharing,” the right to make content available and other aspects of copyright law. More here.
TechDirt has an interesting take on copyright reforms in the US in an article entitled "Copyright Lawyers Prime The Pump For The Return Of SOPA" which has a fairly critical response to the American Bar Association's White Paper - which itself can be found here: A Call For Action For Online Piracy And Counterfeiting Legislation. The House Judiciary Committee is in the process of reviewing various aspects of copyright law for reform - and is currently looking at "Moral Rights, Termination Rights, Resale Royalty, and Copyright Term" covering four very distinct areas of law and policy. Rep. Jerrold Nadler (N.Y.), the subcommittee’s top Democrat, pledged to use the session to advance his bill to grant royalties to visual artists when their work is resold by an auctioneer, collector or other third party. And with moral rights, Rick Carnes, head of the Songwriters Guild of America and penner of songs for musicians including Garth Brooks and Alabama, said that a creator’s right to control the use of their creation is “widely embraced by the American public.” More from the EFF here. And whilst we are on reforms in the US of A - there is a guest blog on Billboard entitled "Our Best Bet for Screwing Up Copyright Reform? More Government Intervention" - it's from David Israelite, the President and CEO of the National Music Publishers’ Association (NMPA), the trade association representing American music publishers and their songwriting partners so its hardly unbiased - but worth a read particularly if you are interested in new models of licensing and the role of collection societies in the future.
The Recording Industry Association of America is taking another public bashing after ReelRadio, a site that streams an archive of often decades-old historical radio shows, was forced to take down much of its library after the RIAA complained that the site was operating outside the terms of its license. In existence since 1996, ReelRadio "still looks and feels like a site from the past" and content includes decades-old ‘aircheck’ demo recordings which were often used to showcase radio announcers before being placed in the archives - but these often contain music controlled by the RIAA's members. It does seem to be acknowledged by Reel that what the RIAA wants is to apply (strictly) the terms of it's licence to use recorded music and Reel President Richard Irwin explained“The RIAA has determined that our service fails to meet the requirements for ‘archived programs’, which must be at least five hours in duration and may not be made available for more than two weeks. The service must also display the Title, Artist and Album of each featured song, but only while the recording is being performed” and “The RIAA insists that we obtain permission from the copyright owners of these old radio broadcasts. Many broadcasters understand the difficulty of this requirement, since nearly all radio stations have changed ownership, format, and call letters, many times over,” Irwin also explained, adding “Nevertheless, we are expected to provide the RIAA with an explanation of how we have permission from radio stations that no longer exist and copyright owners who have no interest in historic recordings of their property.”
With the Global Repertoire Database stalled, the world's biggest music publisher Sony/ATV/EMI has announced that its entire songs catalogue can now be viewed and downloaded on its website by music services and other interested parties. The second biggest global publisher, Universal Music Publishing, has also announced that it will put its database online, although this will begin with its US repertoire before making its global data available.
The author of the massively popular 'Jersey Boys' franchise which charts the rise of Frankie Valli & The Four Seasons and has been made into a book, a Broadway play and now a major motion picture, is facing an ongoing legal challenge which began in the federal court in the Beaumont Division of the Eastern District of Texas. Donna Corbello, the widow of Beaumont attorney Rex Woodard filed a suit in late 2007 against Thomas (Tommy) Gaetano DeVito, one of the original members of the Four Seasons. She claims DeVito wrote a book in 1991 that was identical to one written by Woodard - and that the book became the basis for the “Jersey Boys” musical. The case was transferred to Nevada federal court in July 2008, because DeVito lives in Las Vegas. The case has been winding its way through the court and there is now a trial date for Feb. 17, 2015, in Las Vegas with Judge Robert C. Jones presiding.
As the Southeast Texas Record reports, Woodard was a Beaumont attorney and a freelance music writer. He had been a big fan of the Four Seasons and wrote an article on the early days of the band, then decided he wanted to write a book about them. Woodard began interviewing band members and uncovered many new facts, including alleged criminal activities by some band members - and on this basis Woodward seemingly agreed terms on how a book would be written with DeVito - with DeVito getting “top billing” and Woodard’s name also appearing on the published work - and that Woodard would share in the royalties. DeVito has denied that he showed Woodard’s manuscript to anyone, and claimed he had only “told stories to the writers and director.” In a 2012 ruling, Judge Jones found that the agreement made DeVito and Woodard 50 percent joint owners of the work, although DeVito argued that he is the sole author because he had final creative control. The case is now only against DeVito - the court having agreed that the licence to other third parties (for the screenplay and musical) pre-dated the copyright claim and so was valid.
A short clip of Ed Sullivan's TV show, used in "Jersey Boys" the smash hit musical about the Four Seasons, has been held to be "the very definition of fair use" by a US court in what some will feel is a very liberal interpretation of the doctrine. The 9th Circuit Appeals Court has ruled that a 7-second video which Ed Sullivan's introduction of Frankie Valli & the Four Seasons on the night of January 2nd, 1966, in an episode of his eponymous variety TV show, was not an infringement of copyright.
Dodger Productions and Dodger Theatricals used the clip in the "Jersey Boys" to show how the US band thrived in a pop music scene dominated by the "British Invasion". SOFA Entertainment, which owns the rights to "The Ed Sullivan Show" thought otherwise and sued Dodger for copyright infringement - after the company's founder, Andrew Solt, attended a performance in Los Angeles. At first instance District Judge Dolly Gee granted Dodger summary judgment based on the doctrine of fair use, and awarded $155,000 in attorneys' fees.
The federal appeals court has now unanimously affirmed the decision after hearing oral arguments last month. It found that the clip had been properly transformed into a "biographical anchor" and to "mark an important moment in the band's career" according to Judge Stephen Trott for the three-judge panel: "At that point in rock and roll history, many American bands were pushed into obscurity by the weight of the 'British Invasion' which was kicked off by the Beatles' performance on The Ed Sullivan Show. The Four Seasons, however, thrived. Being selected by Ed Sullivan to perform on his show was evidence of the band's enduring prominence in American music. By using it as a biographical anchor, Dodger put the clip to its own transformative ends. SOFA failed to show Dodger used the clip to "capitalize" on Sullivan's distinctive style of introducing pop acts, which SOFA considers the "central and most beloved" part of the show."
It is Sullivan's charismatic personality that SOFA seeks to protect" Judge Trott wrote - "Charisma, however, is not copyrightable" adding "In the end, we are left with the following conclusion ..... Dodger's use of the clip did not harm SOFA's copyright in 'The Ed Sullivan Show,' and society's enjoyment of Dodger's creative endeavor is enhanced with its inclusion. This case is a good example of why the 'fair use' doctrine exists."
http://www.entlawdigest.com/2013/03/12/2217.htm and more on the 1709 blog on the gestation of the show here .
Rex Woodard was the co-author of a biography of Four Seasons member Thomas Gaetano DeVito, jointly created with the musician, and based on a series of interviews and discussions between the pair over a number of years. The pair agreed to be co-authors and share in any profits. Woodard died in 1991 and subsequently DeVito registered the Work at the US Copyright Office, in his name alone. He subsequently granted defendants Frankie Valli and Robert Gaudio (also both Four Season’s members) an irrevocable, exclusive, perpetual, worldwide and assignable licence to freely use the Work and Gaudio and Valli further sub-licensed these rights, which allowed the Work to subsequently form the basis for the screenplay of the hugely successful ‘Jersey Boys’ musical. After the play was first staged in 2005, Woodward’s widow, Donna Corbello, learned of the link in 2007 and amended the US copyright registration in 2009 to include Woodard and brought a claim in the District Court of Nevada against DeVito and the other defendants including Valli, Gaudio and the show’s producers and directors for copyright infringement. DeVito and the other defendants argued that the claim was barred by applicable statute of limitations and that foreign copyright claims could not apply to the claim. Whilst the court found that the action was not time barred (as Corbello only learned of the infringements on 2007) and the court also dismissed claims about a lack of personal jurisdiction, it agreed on the matter of foreign copyright claims and that only US copyright law could apply and in the case of the claim against Jersey Boys Record Limited concerning the release of a ‘Cast Album’ of sound recordings from the Broadway show the court found that this was not substantially similar to the Work to infringe. But most importantly the court said that whilst Woodward was co-author of the Work, DeVito’s assignment of rights to Valli and Gaudio and the onward licence to the show’s producers were valid as they pre-dated the plaintiff’s copyright claim and the court granted partial summary judgment in favour of all defendants save DeVito, meaning Corbello’s claim could proceed to trial, but was now solely against Woodward’s co-author DeVito.
Corbello v DeVito el al 2:08-cv-00867-RCJ-PAL
Symposium - ‘Harmonising European Intermediary Liability in Copyright’. The Institute for Information Law (IViR) of the University of Amsterdam is organising a one-day academic symposium on European intermediary liability on 14 January 2017: In view of the new EU copyright reform package, the symposium will examine the issues surrounding intermediary liability in copyright in Europe, including the extent of duties and remedies which are appropriate to impose on intermediaries and the conditions to govern these. Moving beyond the current safe harbour regime, it will explore avenues towards the adoption of a substantive European system. Spaces are limited and registration is required – see here for more details.
Getty Images: Getty Images has had a copyright case dismissed without prejudice. Previously covered here by the 1709 Blog, Getty had threatened photographer Carol Highsmith via License Compliance Services (LCS) for copyright licence infringement. Ironically the image in question was one of Highsmith’s own - she had donated it to the Library of Congress, and Getty and its affiliates were subsequently discovered to have made available more than 18,000 of her other photographs. Highsmith responded with a copyright claim of statutory damages of almost $500m. These claims were, however, recently dismissed in a New York District Court, along with other claims that Getty and LCS had charged licensing fees and collected settlements from purported infringers for images they had no right to represent.
