$1 Trillion Copyright Infringement Lawsuit Against Oprah Dismissed

from the well,-phew dept

Tue, Aug 11th 2009 6:14am — Mike Masnick

We've seen all sorts of bizarre copyright claims over the years, but I can't recall anything quite like this. Apparently, Oprah Winfrey was sued by some poet for $1 trillion, claiming that the TV talkshow star had ripped off a poem. One would hope that his poetry is better than his legal skills, as the lawsuit was quickly dismissed, noting that the poet failed to register a copyright on his poems, and a prerequisite before a copyright infringement lawsuit is to have the works registered. While it's never good to support bogus litigation, it's difficult not to wonder how this guy planned to substantiate the $1 trillion number. Even the big shots in the RIAA and MPAA don't go that far...

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Filed Under: copyright, oprah, poetry

34 Comments

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Chronno S. Trigger (profile), 11 Aug 2009 @ 6:24am

general question
If one cannot sue someone for copyright infringement without registering the work first, why do we have an opt out copyright system? What is the point of having an automatic copyright if you can't use it to defend the work?

Not saying I agree with ether side, just asking.
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ChurchHatesTucker (profile), 11 Aug 2009 @ 6:30am

Re: general question
"What is the point of having an automatic copyright if you can't use it to defend the work?"

You can still make them take it down, you just can't get damages. It's purely an anti-free speech measure.
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The Infamous Joe (profile), 11 Aug 2009 @ 6:30am

Re: general question
Here's the scoop, as I understand it: Your works are automatically copyrighted upon creation, but to enforce it, it has to be registered. After registration, you may enforce your copyright, not from the time of registration, but from the time of creation.

I know, it makes absolutely no sense, but that's the way it is.
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John M, 11 Aug 2009 @ 7:06am

Here is a decent, short, rundown on Copyright law http://www.sfwa.org/beware/copyright.html
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Anonymous Coward, 11 Aug 2009 @ 7:07am

Here's a poem for you... ahem....

Poetry is a bird turd on the shoulder of the Statue of Liberty.

Copyright 2009. All rights reserved. Can you spare some change?
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minijedimaster (profile), 11 Aug 2009 @ 7:08am

Dr Evil Voice "One Trillion Dollars"
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aguywhoneedstenbucks (profile), 11 Aug 2009 @ 7:08am

Re: Re: general question
So he could go register it right now and as long as he could prove the creation date was before she used it he could try to sue her again?
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Anonymous Coward, 11 Aug 2009 @ 7:11am

When you have a tank full of sharks with frigin' laser beams on their heads then 1 trillion seems reasonable.
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Anonymous Coward, 11 Aug 2009 @ 7:18am

I know artists tend to have a few screws loose but I'm thinking a few bolts were missing to think 1 Trillion would fly.
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The Infamous Joe (profile), 11 Aug 2009 @ 7:19am

Re: Re: Re: general question
As I understand it, yes. Of course, I'm no expert, so I could be way off base. Any actual legal advice should come from your friendly neighborhood IP lawyer.
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Anonymous Coward, 11 Aug 2009 @ 7:19am

publicity stunt
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NullOp, 11 Aug 2009 @ 7:22am

Hey!
If your work is worth a TRILLION bucks you better well have damn copyrighted it! Automatic copyright my @ss...
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casual bystander, 11 Aug 2009 @ 7:23am

Hmmmm.....
I suspect the lad was trying to get a settlement for, say, a million. Which I'm sure he would have settled for!
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Cyanid Pontifex (profile), 11 Aug 2009 @ 7:28am

Re: Re: general question
That sounds Ex Post Facto to me.
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iNtrigued, 11 Aug 2009 @ 7:56am

Re: Hmmmm.....
I'm no lawyer, but isn't this considered extortion? Couldn't she just turn it around on him and get him thrown in jail?
I mean this is Oprah we are talking about hear, she probably has lawyers on payroll.. hell, she probably has a judge on payroll.
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Yakko Warner, 11 Aug 2009 @ 7:58am

Re:
I was going to say, not only do the *AA not go that far, but Dr. Evil didn't go that far. He was holding the world hostage, and he only asked for a hundred billion.
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Dr. Taggert Bane, 11 Aug 2009 @ 8:00am

Coping with disbelief
$1T is a large number and it's possible that this man suffers from an acute case of I.D.S. or

Irrational
Disbelief
Syndrome

Please see our website for more information, and potential treatments that can be discussed with your doctor.

Coping With Disbelief

Thank you,

Dr. Taggert Bane
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aguywhoneedstenbucks (profile), 11 Aug 2009 @ 8:17am

Re: Re: Re: Re: general question
No, no, I am taking it as legal advice! YOU GAVE ME LEGAL ADVICE! DON'T YOU DARE TAKE IT BACK NOW! I ALREADY STARTED MY LAWSUIT BASED ON THE LEGAL ADVICE YOU GAVE!
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PRMan, 11 Aug 2009 @ 8:17am

1 Trillion?
"it's difficult not to wonder how this guy planned to substantiate the $1 trillion number"

Easy. Maybe Oprah made 200 copies and handed it out to her audience for free. According to the RIAA's logic, that should easily top $1 trillion.
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will, 11 Aug 2009 @ 8:21am

bad math
The author has a big ego and no math skills. He claims she sold 650 million copies of his poetry online for $20 a pop and he wants the 1.2 Trillion dollars she got.

He either doesnt realize that 650 million x 20 is only 1.2 Billion. Or maybe he was going for the 1000 fold RIAA penalty assessment.

Personally I dont understand why he doesnt sell his own work online if he believes that many people want to read it.
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Bradley Stewart, 11 Aug 2009 @ 8:23am

That Must Be Some Poem!
Come on Opera be a sport. You have plenty of money. What's a measly Trillion Dollars to you. Just pay the guy.
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Stuart, 11 Aug 2009 @ 8:32am

Re: Re: Re: general question
Yes.
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Pathetic (profile), 11 Aug 2009 @ 8:39am

Can someone say abuse of a gullible press? It's a ludicrous claim, but for a couple of days this poet is going to get more exposure than they've ever had in thier lives.

Anyone checked sales volume on Amazon for thier book(s)? Want to bet it spikes over the next couple of dats?
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The Infamous Joe (profile), 11 Aug 2009 @ 8:59am

Re: Re: Re: Re: Re: general question
Have it your way.

That'll be $700. :)
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Anonymous Coward, 11 Aug 2009 @ 9:05am

Re: Re: Hmmmm.....
> I mean this is Oprah we are talking about hear, she probably has lawyers on payroll.. hell, she probably has a judge on payroll.

I believe she has Jesus on her payroll.
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MathKing, 11 Aug 2009 @ 9:23am

Re: bad math
Hate to correct you but.......

650M x 20 is 13 Billion. 650M x 2 is 1.3 Billion.

Still trying to figure out how in the hell he got to 1T... Must be an RIAA lawyer...
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Chargone (profile), 11 Aug 2009 @ 9:24am

Re:
glad to see i wasn't the only one who thought of that right off the bat.
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R. Miles (profile), 11 Aug 2009 @ 9:35am

The math is...
Even the big shots in the RIAA and MPAA don't go that far...
Forcing someone to pay $1.2 million, when they don't have it, might has well been $1.2 trillion. Either way, it's still an asinine amount over a copyright issue.
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Pete Austin, 11 Aug 2009 @ 10:23am

$1.2 trillion = $20 x 60 million.
$20 = price per copy
60 million = Oprah's viewers(?)

Based on this link (which gets the math wrong):
http://www.digitalspy.co.uk/showbiz/a170375/winfrey-sued-for-one-trillion-dollars.html
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Anonymous Coward, 11 Aug 2009 @ 10:35am

You expect a poet to be good at math?
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Dr. Kopp E. Wright, 11 Aug 2009 @ 5:07pm

Pick a number....any number...
I think that I shall never see
a talk show host richer than Ophrah on TV
who slipped in a little rhyme....
now someone wants her to do time!!
When is deminimis gonna remind the folk
that using a few of the same words is no crime...its a joke
Oprah you got off lucky....
if young Shakespeare would have Copyright Office Registered...
it might not have been so ducky! :-)
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joe jones, 12 Aug 2009 @ 2:11pm

need to get away
see my name...
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David, 15 Aug 2009 @ 6:40am

Correction: $20 x 60 million = $1.2 BILLION.
20 U.S. dollars * 60 million = 1.2 billion U.S. dollars.
That’s off by a factor of a thousand.
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jons action figures, 31 Mar 2010 @ 11:43am

Poets and math
Poets and math: Felix Dennis, one of top $$$ guys in the UK, that must count for something.
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