The days of whispering on the phone and the “no-tell motel” seem to be over. The internet has taken over the job of connecting people who wish to cheat on their spouses. But, as with all things secret, sometimes they get found out. On June 19, 2015, news broke that the online service for cheating spouses, Ashley Madison, had been hacked. What’s worse, the hackers threatened to expose the names and addresses of the reported 37 million users of the site. Ashley Madison sent out DMCA takedown notices to plug the leaks. But did Ashley Madison have the legal right to send them out? Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., takes a look at what the Supreme Court has said about claiming copyright in a collection of facts, and it doesn’t look good for the cheaters.
On June 30, 2015, Merry Saltzman, daughter of the late Bond film producer Harry Saltzman, announced that she was going to be staging a James Bond musical, either on Broadway or Las Vegas. Danjaq LLC, who controls Eon Productions and the Bond film franchise scoffed at the whole notion, stating that no James Bond stage show may be produced without their permission. Ms. Saltzman responded, “we are producing a parody, no permissive rights are required from Eon, Danjaq, MGM et al to produce our show; it will not infringe on their intellectual property. James Bond: The Musical will go on as planned.” Who’s right? Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., takes a look at the current state of the law regarding parody, including one previous case involving…James Bond.
Last month saw Courts in Canada, Germany and the USA all order web service companies to take affirmative steps to block access to pirated material. In at least two cases, the web services provided material assistance even after being served with injunctions and Court orders. Has the tide finally turned for the court system to get tough with those web services that actively assist copyright infringement? Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., provides an in depth guide to these decisions, and shows that those who cry wolf over such decisions are really just howling in the night.
Following on the heels of the Ninth Circuit Court of Appeals’ decision in Garcia v. Google, the Second Circuit Court of Appeals has issued a major ruling clarifying one of the great mysteries of copyright law, namely: who amongst all the people that contribute, is the “author” of a motion picture? The Second Circuit’s opinion is particularly important because it governs the State of New York, home to many of the largest entertainment companies. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., takes a look at the component parts of this important decision.
Flo and Eddies’ winning streak against Sirius XM ended on June 22, 2015 when a Florida District Court Judge ruled that “Florida common law does not provide Flo & Eddie with an exclusive right in public performance.” After wins in both New York and California, what does Flo and Eddies' loss in Florida do to the entire issue of performances of pre-1972 sound recordings? Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., analyzes the decision and peers into the future for what comes next.
If you are looking for pirated copies of the latest Hollywood blockbusters, look no further than Chilling Effects, a database operated by Harvard University and the Electronic Frontier Foundation. While claiming to be a “research database,” what it actually does is provide a handy tool for finding pirated material on the internet, complete with a search function that will provide the exact pirate URL that you can copy and paste into your browser. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., shows you how Chilling Effects operates in brazen defiance of the copyright laws including their dubious claim to DMCA safe harbor.
On June 8, 2015, Apple announced the start of a new music streaming service: Apple Music, a service that will directly compete with more established brands like Spotify and Pandora. Apple did this in spite of the fact that Pandora lost an astonishing $48 million in the first quarter of 2015 alone. Is Apple nuts? Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., takes a look at the factors affecting the streaming business and concludes that Apple might have an ace or two up their sleeve that will help them succeed where others have failed.
Monday, May 18, 2015 saw the Ninth Circuit Court of Appeals reversing itself in the closely watched case of Garcia v. Google. The earlier decision caused a lot of consternation around the copyright world, especially in Hollywood. The previous three judge panel ruled, for the first time, that an actor had a copyright in her individual performance in a motion picture. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., takes an in depth look at the legal controversy over the film Innocence of Muslims, and what this decision means for Hollywood and copyright in the future.
Star Wars and Mickey Mouse have something in common, and it’s not that the Walt Disney Company owns them both. Both of these iconic properties came close to not existing at all, and it was the restrictions of copyright law that forced Walt Disney and George Lucas to put their creative energies to work to breathe life into these world famous classics. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., goes behind the scenes, and once again shows how creative restrictions can be good for you.
Pirate streaming site Grooveshark closed its operations last week rather than face the prospect that its founders would be personally liable for potentially $736 million dollars in damages. Two separate courts had issued summary judgements against them, with one Court noting that Grooveshark had sent out over 36 million music streams without payment or license. How did they stay in business for nearly 10 years? By hiding behind the DMCA safe harbor provisions, of course. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., takes you through the facts and findings of the two judgements and suggests how future Groovesharks can be prevented.