"It's worth noting that the actual song had been licensed, and the "singer" Samwell was apparently paid. The lawsuit was over the copyright on the video itself."
Thanks a lot Mike for making me repeatedly slam my head on my desk!
We had a women sue a bunch of big time oil companies claiming trillions in damages. She claimed she was owed the money because she was Marie Antoinette. Not a reincarnated Marie Antoinette, but Marie Antoinette herself.
If you're trying to figure out why Marie Antoinette is owed trillions by the oil companies, give up. There is no reason. Anyway...
When the judge I work for started speaking in French at a hearing she told him she didn't understand his dialect.
Needless to say, her case was dismissed without even an opposing counsel filing an appearance.
I have no problem with labels (or publishers) hiring musicians as to perform works for hire.
I do have a problem with judges finding that artists were mere performing works for hire without any contract stating as such.
If the contract says something about the issue, then the ruling should go that way.
But if the contract says nothing about the issue, then it should be assumed that the artists who wrote and played the songs were not performing works for hire.
"Rob Levine's silly screed about the internet killing off a bunch of industries that are actually thriving"
Don't get bogged down arguing the facts. Even if the internet has killed off industries, it does not fricken matter.
The internet is merely an information distribution system. If industries cannot survive the transition to a new distribution system, they should be killed off!
On the post: Federal Court Invents A New Intellectual Property Right: The Money Makes It So Exclusive Right To Record
Re: Re: Re:
On the post: Federal Court Invents A New Intellectual Property Right: The Money Makes It So Exclusive Right To Record
Re:
It is when the school invites the public to attend and sells tickets.
On the post: Federal Court Invents A New Intellectual Property Right: The Money Makes It So Exclusive Right To Record
Re:
Good point!
On the post: Brazil Looks To Criminalize Ripping A CD?
I think the law is hip and retro. Who doesn't remember ripping CDs way back in the 90s? It was fun.
However, if they actually intend to enforce the statute, it'll need about a two decade long statute of limitations.
On the post: What What (In The Butt)? What What (Fair Use Doesn't Need A Trial)?
Thanks a lot Mike for making me repeatedly slam my head on my desk!
On the post: Are The FDA & The Patent System Getting In The Way Of Saving Lives Again?
It's pretty clear that the real purpose of the FDA is to protect the pharmaceutical gatekeepers.
On the post: Debate On Software Patents Fails To Convince Silicon Valley That Patents Increase Innovation
Re: As a programmer
A rectangle with rounded corners!
On the post: Debate On Software Patents Fails To Convince Silicon Valley That Patents Increase Innovation
Sure, if you define "encouraging innovation" to mean locking up mental processes.
On the post: Of Course: New Fox Delay Means More Unauthorized Downloads Of Fox Shows
Re: Re:
On the post: Of Course: New Fox Delay Means More Unauthorized Downloads Of Fox Shows
Because you can't compete with free, that's why.
On the post: First Year Associate Fired After Telling Partners He Had A 'Superior Legal Mind' Sues Firm For $77 Million
On the post: Can PROTECT IP Be Fixed?
On the post: Guy Claims Google Owes Him $500 Billion
If you're trying to figure out why Marie Antoinette is owed trillions by the oil companies, give up. There is no reason. Anyway...
When the judge I work for started speaking in French at a hearing she told him she didn't understand his dialect.
Needless to say, her case was dismissed without even an opposing counsel filing an appearance.
On the post: Can't Stop Social Media-Driven UK Riots? Go After Social Media-Driven Water Gun Fights
On the post: Dear Musicians: The RIAA Is About To Totally Screw You Over (Again!)
I do have a problem with judges finding that artists were mere performing works for hire without any contract stating as such.
If the contract says something about the issue, then the ruling should go that way.
But if the contract says nothing about the issue, then it should be assumed that the artists who wrote and played the songs were not performing works for hire.
On the post: Police Say They Can Detain Photographers If Their Photographs Have 'No Apparent Esthetic Value'
On the post: Police Say They Can Detain Photographers If Their Photographs Have 'No Apparent Esthetic Value'
I can't define it, but I knows it whens I sees it.
On the post: Jay-Z And Kanye West Go To Ridiculous Efforts To Stop Album From Leaking
Better title:
"Jay-Z And Kanye West Go To Ridiculous Efforts To Stop Fans From Hearing New Album"
On the post: Some Old Guy Can't Come Up With Any New Ideas; So He Says There Are No New Ideas & It's Twitter's Fault
Don't get bogged down arguing the facts. Even if the internet has killed off industries, it does not fricken matter.
The internet is merely an information distribution system. If industries cannot survive the transition to a new distribution system, they should be killed off!
On the post: What If Tim Berners-Lee Had Patented The Web?
Re: Re: Re: Re: I'd like to expand an example a bit further...
So after all of that verbiage, you agree with me. Thanks!
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