The Turtles are challenging as improper a $210 million
settlement that record companies made with SiriusXM about sound
recordings made before 1972,
according to The Hollywood Reporter.
Flo & Eddie, founding members of the 1960s pop group,
are asking for an injunction to stop Sirius paying a settlement
to ABKCO Music & Records, Capital Records, Sony Music
Entertainment, UMG Recordings and Warner Music Group. They want
the judge to order the money be paid into an interest-bearing
account under the court’s control and
A Recording Industry Association of America (RIAA)
spokesperson told The Hollywood Reporter regarding Flo &
Eddie: "They rightly trumpeted the recent settlement with
Sirius XM as a significant step forward. However, their
application is without merit and could force the delay of
long-awaited payments to artists and labels who created iconic
music for generations of fans."
Original Turtles members Flo and Eddie (Mark Volman and
Howard Kaylan) alleged that Sirius violated its pre-1972 rights
by publicly performing the recording and reproducing the
recordings through back-up and buffer copies. Courts in New
York and California have determined that The Turtles had
exclusive rights under their state’s laws and
their claims could proceed. However, a Florida court in June
ruled there is no public performance right for pre-1972
recordings in Florida.
Facebook’s video platform throws up a number of
according to a Fortune article this week. Facebook videos
get about four billion views a day, similar to YouTube.
The article says this raises the question of where all this
video is coming from. Some of this is coming from uncredited
repurposes of YouTube video, says Fortune.
"The only snag here, of course, is that content creators
lose out on revenue as well. On YouTube, the tattoo guy earns
55% of ad revenue associated with the video while on Facebook
he earns nothing."
Facebook told Fortune that it has tools in place to report
copyright violation, remove offending material, and suspend the
accounts of repeat offenders. "We take intellectual property
rights very seriously," a spokesman said. "This is not new to
Zorro put to the sword in
The Cancellation Division of OHIM has ruled that the Zorro
trade mark was invalid in the categories of printed matter and
entertainment because it was non-distinctive,
according to The Hollywood Reporter.
The division said in its
decision that the term "Zorro" is recognized by the average
consumer of the EU as being a fictional character defined by
black clothing, hat, mask, bullwhip and rapier sword used to
cut a letter "Z" into surfaces. But it said that the average
consumer when seeing "Zorro" would assume the story of the
character is being told but would not recognise it as an
indicator of origin. This makes it merely descriptive and not
There have been 38 Zorro films, with the character played by
actors including Douglas Fairbanks, Guy Williams, Anthony
Hopkins and Antonio Banderas.
The real Duff
The Wall Street Journal claims that Fox has been forced into
the beer-making business to protect its Simpsons intellectual
Fox is launching Duff Beer – the name of the
fictional beer of choice of Homer Simpson – in Chile
this week, and plans to roll it out to more South Amercian
countries and Europe early next year.
The WSJ explained: "But why launch in Chile first? It was a
case of, if you can’t beat ’em, join
’em. Fox has been fighting the rise of
unauthorized versions of the brew in the Chilean market, and
has had some success. The company filed an intellectual
property complaint that led Chilean police to seize contraband
bottles by the tens of thousands." Demand for counterfeit beer
has increased across the region, forcing Fox into action.
The WSJ cited a law professor saying that Fox has been
essentially forced into the beer business by intellectual
property laws that don’t generally protect
A patent to make you
afraid of flying
An international patent application from Zodiac Seat France
has caused concern,
The patent aims to "increase cabin density while also
creating seat units that increase the space available at the
shoulder and arm area".
The drawing along with the application, however, make it
look more like nightmare of passengers sitting face to
at the Copyright Office
The US Copyright Office recently published a 234-page report
on orphan works and mass digitalization. This has attracted
some interest on the internet.
On The 1709 Blog,
PhD researcher Rike Maier commented: "Interestingly, the
recommendation the US Copyright Office makes is at its core a
limitation of liability. That basically means that a
reappearing rightsholder cannot claim full damages that would
usually be available to him in case of a copyright infringement
– if the infringer considered the work to be an orphan
(details below). The Copyright Office rejects the idea of
relying only on fair use or best practice statements, and also
does not want to introduce a new exception to copyright (as we
did in Europe). Rather, it goes back to the idea –
limitation of liability – it had already lobbied for
in the past."
She added that many aspects of the report are similar to the
Shawn Bentley Orphan Works Act of 2008, which eventually failed
in the House of Representatives.
The technology community doesn’t seem impressed
by the report, as evidenced by a Techdirt article titled "
Only The Copyright Office Would 'Fix' The Problem Of Orphan
Works By Doubling Down On The Problem Itself".
The Copyright Office has also been in the news recently as a
result of legislation introduced on June 3 that
would remove it from the Library of Congress and establish it
as an independent agency. This was followed by the news
that James Billington, the Librarian of Congress,
will retire at the end of the year.
Also on the blog this week:
IPO releases lists of top organisations and
universities granted US patents
IP in Asia (2) – four
In our news and analysis this week:
Michelle Lee: USPTO needs more Section 101
Canadian Intellectual Property Office appoints
Apple’s $533m damages verdict
vacated after "skewed’ jury obstructions
Federal Circuit narrowly denies rehearing of
Cuozzo PTAB appeal
Federal Circuit rules two Intellectual
Ventures patents are patent ineligible
Virginia district court rules against Redskins
US patent litigation on course for record year
– Unified Patents
Gowlings and Wragge Lawrence Graham to
Data – Samsung most active PTAB
petitioner in June with 23 IPRs