Oddest Copyright Lawsuit Ever: Oprah Sued For... Um... You Have To Read It Yourself

from the pro-se-copyright-suits dept

Every so often it's fun to highlight some of the nuttier pro se lawsuits out there, but this one may take the cake. Eriq Gardner, over at THResq, who pointed this one out, claims it's the oddest Oprah Winfrey case ever, but I'd take that even further, and say it may be the oddest copyright lawsuit ever filed. And it is, technically, a copyright lawsuit, though it'll get thrown out for failure to state a claim pretty quickly I'm sure. As for why this woman, Tiffany Gouch, is suing Winfrey, well, I really have no idea. Winfrey is mentioned as someone that Gouch admires... and that's about the most coherent thing in the filing. There are claims that Gouch wrote some of the biggest hit songs of the past decade -- from artists like Alicia Keys, Beyonce, Lil Wayne, Katy Perry, Chris Brown, Jamie Foxx, Mariah Carey and Britney Spears -- but that the notebooks she wrote them in disappeared, and then suddenly "her" songs started appearing on the radio. The lawsuit helpfully (well, not really) also supplies the lyrics of "her" songs and the lyrics of the songs from others she now claims to have co-written. There's also the point where she claims "in settling this case" (?) she's just looking to find out who some "phone friend" was. Anyway, here's a snippet, but, you really should read the whole thing, embedded below:

Members of the Jackson family, particularly Katherine Jackson, Michael Jackson's mother will help bring this case to a resolution. No person, except someone in high rank, with enough clout and position could have possibly convinced all of these great artists to use my lyrics to help make me a star. I want to meet every one of them. Some of them I have already had the opportunity to meet.

But in the end the business and the law are clear: as co-author of these songs I am entitled to reap the benefits of my work (copyright statute 17). And in fact I have the right of first use on my side. These being huge hits that they have become I am grateful and look forward to negotiating fair and equitable settlement for my work. The lyrics used in these hit songs were direct copies from my journal that was found in Sandra's home. (See the attached lyrics and proof of similarity in submission B pgs 1-25).

And I still have no idea what any of this has to do with Oprah. Or Michael Jackson's death, but that's in there too...

Filed Under: copyright, oprah winfrey

Oprah Winfrey Not Guilty Of Copyright Infringement For Discussing America's Chubbiest President

from the idea-vs.-expression dept

Last year, we wrote about a plainly ridiculous lawsuit filed against Oprah Winfrey, claiming copyright infringement, because she apparently mentioned some factual information on TV that had been included in a booklet sent to her in the hopes that it might be promoted. Apparently, the bit of information was the fact that William Howard Taft was the US's "chubbiest president." As we pointed out at the time, it was hard to see how that was any form of copyright infringement, so it's nice to see that the court has agreed, and sided with Oprah, while giving the plaintiff a quick lesson in how copyright law works:

Copyright law protects only an author's original expression; historical facts and information in the public domain are not copyrightable. Id. at 547-48 ("[N]o author may copyright facts or ideas."); .... ( "[C]opyright protection does not include facts and ideas, but only their expression."). There is "thin" copyright protection for an author's choices as to the presentation of factual matter.... This protection, however, is limited to the author's original, creative contributions, since copyright "protects only the elements that owe their origin to the compiler-the selection, coordination, and arrangement of facts"....

The material plaintiffs seek to protect here is not original. Plaintiffs argue that Winfrey infringed Harris's copyright in his booklet by referring to an historical fact, President Taft's weight... Winfrey's use of this fact, even if she learned it from Harris's booklet, does not infringe any copyright Harris may have held. This information is not original to Harris, but rather is a piece of "raw data" that preexisted Harris's booklet and is available from numerous external sources.

Now, can we get Oprah to do a show on how copyright law is abused?

Filed Under: copyright, oprah winfrey, william howard taft

Guy Claims He Owns The Idea Of Oprah Visiting Australia, Plans To Sue

from the ownership-society-at-work dept

When you think that ideas are ownable, you get absolutely ridiculous scenarios, such as the idea that anyone could ever "own" the idea of Oprah Winfrey visiting Australia. And yet, a dive boat operator in Australia is planning to sue Tourism Australia, because of Oprah Winfrey's recent visit. You see, back in 2004, this guy by the name of John Heuvel, had the idea that it would be good for Austalia's tourism if Oprah visited the country. That seems like the kind of idea just about anyone could have, of course, however he insists that it was unique to him. He pitched it to Tourism Australia, who agreed to work with him to get Oprah to visit. They pitched Oprah in 2005, and she (or, rather, her company) turned them down. Fast forward to 2009. Heuvel thought he'd try again, and pitched Oprah's company directly (without the help of Tourism Australia). It appears there was no response.

However, last month, Oprah did finally go visit Australia, and Tourism Australia was (not surprisingly) heavily involved. However, Heuvel claims that since Tourism Australia had promised to work with him, it had now breached a contract. As for the idea that perhaps (just maybe) plenty of others at Tourism Australia might have had the idea of bringing perhaps the most recognizable entertainer in the world to the country to play up tourism in Australia? Why, that's impossible, according to Heuvel:

"Tourism Australia is saying that it thought up the idea, which is ludicrous."

Ludicrous? Really? Tourism Australia admits that it worked with Heuvel in 2005, and that that bid to lure Oprah down under failed. End of story. This latest trip was entirely unrelated. However, it appears that Heuvel really thinks that the idea itself is his and his alone, and that Tourism Australia owes him "millions" for actually having Oprah visit the country, without paying him first.

Filed Under: australia, contracts, ideas, john heuvel, oprah winfrey, tourism, tourism australia

Oprah Sued For Copyright Infringement After Quoting A Book On TV Without Credit

from the taking-on-Oprah,-huh? dept

A guy named Charles Harris, who wrote a political booklet about the process by which America elects Presidents, is apparently suing Oprah Winfrey for copyright infringement, saying that she "plagiarized" his work, when she quoted it on her TV show, without crediting him. Basically, the guy had sent copies of the booklet to Winfrey, hoping to get some free publicity out of it. However, on one show she apparently (he alleges) directly read aloud some questions from his booklet, but did so without crediting him. Of course, plagiarism, by itself, isn't against the law, so he's trying to twist this into a copyright lawsuit, saying she had no license to read the questions aloud. You can see the filing below: It's hard to see how he can legitimately claim that Oprah reading the questions has caused him "substantial injury, loss and damage to his property" or that it's "damage" for his "business reputation and goodwill." And, not surprisingly, he's asking for the maximum statutory rate of $150,000. Of course, you could (and many probably will) argue that the guy knows the lawsuit is bogus, and that there's no "damage," but is using the lawsuit to get publicity for his booklet...

Filed Under: charles harris, copyright, oprah winfrey, plagiarism

Oprah Sued For Patent Infringement Over Her Book Club

from the just-as-Thomas-Jefferson-intended dept

Joe Mullin is back to let us know about the latest patent insanity, starting with a post about a whole bunch of patent infringement lawsuits based on patents held by Scott Harris. You may recall Harris because he was a lawyer for a big law firm, but was quietly filing patents on the side, and then apparently working out deals whereby other companies licensed those patents to be used in infringement lawsuits against big companies -- including companies represented by the very same firm Harris worked for. Not surprisingly, he lost his job and was sued. A few months back, the lawsuit was settled and Harris's patents have, miraculously, been showing up in a bunch of recent patent lawsuits.

But the real stunner in the latest set of lawsuits is that one of the patents is being used to sue Oprah. Yes, that Oprah. Apparently, Harris is claiming that his patent on enhancing the touch and feel of the internet is violated by Oprah's book club. Yes. Her book club. Violates a patent (according to the patent holder). Now, my critics will be the first to point out that I'm no patent attorney, but reading over the patent, it certainly appears to be a patent on displaying a book online. How is that possibly patentable material? Wouldn't it be great if this got Oprah looking into the ridiculous state of the patent system in the US these days, and how it's often being used in such bogus ways? While it probably won't happen, it certainly could help dispel the old myths of the patent system as promoting innovation and finally get the issue in front of the public in a way that they would realize just how damaging the system has become and how widely it's abused.

Filed Under: book club, oprah winfrey, patents, scott harris