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Is the Digital Millennium Copyright Act a
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Section One
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106-
Marvin Gaye's point to point - $ 7.4M
Verdict
106-
Gaye's point to point - note by note
copyright
infringement $7.4 million win
106-
The FCC's Net Neutrality Rules -
MoreToday's
News
Titles
106-
Gaye's point to point - note by note
copyright
infringement $7.4 million win
106-
The FCC's Net Neutrality Rules -
Is
the FCC in Charge of the
Internet?
106-
Is the Digital Millennium
Copyright
Act a Safe
Harbor?
115-
TCM CLASSIC FILM
FESTIVAL,
Hollywood,
CA, March 26 -
29
115- OFC Optical Fiber Communications
Conference
and Exposition,March 22-27,
LA
Hyatt
Regency, Century Plaza, LA, March
5-7
101-
Oscar Winners
2015
101-
The Oscar
Presenters
115-
LA Travel
Show
Coming-
The FCC Net Neutrality
Winners
More
Coming:
115-Trade Shows, Festivals,
Awards
GoTo:
Preface-100
106-
Performer-Author- Marvin Gaye's point to
point - note by note copyright
infringement win for the Gaye
Family
Like
the text and drawings of the 1907 WiTel
Patent . . . the
effects, elements and components of Notes
of a musical composition, make the song
copywritable and trademarkable, and
eligible to use the symbols . . .
® and ©.
Royalties - ®and
©
Like
the published magazine picture on the
right, the song becomes eligible for
®and ©, and the collection
of intellectual property royalties, ie.
such as songs, and WiTel phone
numbers.
Phone
numbers analogy
Based
on copyright infringement law and the Red
Fags Rule of 2010, the theft of ID and
one's goods, products or services, i.e.
songs or even phone numbers, could be
either a civil or criminal offense and
ownership royalties can be collected
upon.
Based
on copyright infringement, a federal jury
in Los Angeles found that the 2013
hit song "Blurred Lines" infringed on the
effects, elements and components of the
Marvin Gaye chart-topper "Got to Give It
Up," the soul singer's 1977 hit,
awarding nearly $7.4 million to
Gaye's children. It was 2013's biggest
hit. The song brought in $5.6 million for
Thicke, $5.2 million for Williams,
about
$700,000 went to
T.I and another $5
million to $6 million or more for the
record companies, (Interscope, UMG
Distribution and Star Trak) as well as an
additional $8 million in publishing
revenue. Overall, the Gaye family
sought more than $25 million in damages.
Jurors found against singer-songwriters
Pharrell Williams and Robin Thicke, but
held harmless the record company and
rapper T.I.
Gregory Butler, Los Angeles based composer
and producer said colleagues in the
industry were stunned by the verdict.
"You've made it illegal to reference
previous material," said Butler, also a
managing director at music startup
WholeWorldBand. "I'm never going to come
up with something so radically different
that it doesn't contain references to
something else."
Joe
Escalante, an entertainment law attorney,
said he was concerned that the jury's
decision had been driven by emotion rather
than what's protected under copyright
law.
On the other hand,
a veteran music industry executive said
that protecting creative work was just as
important to musicians, and that
inspiration bordering on copying was
becoming too common.
"Somebody should be protecting that," said
the executive, who asked not to be named
because he might work with those involved
in the case in the future. "If it has a
chilling effect on copyright infringement,
that should happen.... Stopping theft is
what we're talking about."
The Gayes contended
that they instantly recognized striking
similarities between the two songs when
they first heard "Blurred Lines." They
called to the stand a musicologist who
analyzed the songs and concluded there was
a "constellation" of eight similar
elements. Others outside court had also
noticed similarities.
According to Mark
Anderson, of PSI, the infringement is an
analogy to the copycat telecom carriers
using Nathan B. Stubblefield's 1902
telekey number systems.
Copied elements-
An
attorney for the Gaye children, Richard
Busch, said there were copied elements --
including the bass and keyboard line, the
hook and a repeated theme -- in all but
two bars of "Blurred Lines."
Williams
alone wrote the song with no input from
Thicke, and that neither Gaye nor his song
was discussed in the song's creation.
Thicke,
during his turn on the stand, played a
medley of pop songs on a keyboard to
demonstrate that many of them share the
same chord progression and can sound
similar.
According to Mark
Anderson, of PSI the infringement is an
analogy to the copycat elecom carriers
using Nathan b. Stubllefieldes telekey
phone number systems.
The verdict is notable-
because Gaye's 1977 hit was published
just before a major overhaul of copyright
law in 1978, so the jury had to fall back
on 1909 copyright law to determine whether
Thicke and Pharrell had infringed.
In an
early pretrial hearing, the judge ruled
that the 1909 law only protected the
song's sheet music, not the actual sound
of the song.
But in a
later hearing, the judge changed his mind,
ordering Thicke and Williams' lawyers to
produce an audio version of the specific
elements of the song that were copyrighted
and on file at the Library of
Congress.
That
version included a bass line and some
keyboard chords under Gaye's voice, but
not the similar percussion that tends to
draw people to make the connection between
the two songs. The jury heard "Blurred
Lines" repeatedly throughout the trial but
never heard the full version of "Got To
Give It Up."
Williams, 41,
also signed a document stating he didn't
use any other artists' work in the music
and would be responsible if a successful
copyright claim was raised.
Jurors repeatedly heard the upbeat song
Blurred Lines and saw snippets of its
music video, but Gaye's music was
represented during the trial in a less
polished form. Jurors did not hear Got to
Give It Up as Gaye recorded it, but rather
a version created based solely on sheet
music submitted to gain copyright
protection.
That
version lacked many of the elements --;
including Gaye's voice --; that helped
make the song a hit in 1977.
An
expert for the Gaye family said there were
eight distinct elements from Got to Give
It Up that were used in Blurred Lines.
The
verdict could have implications for
songwriters everywhere and may also have
implications beyond the massive
verdict.
Still, while
testifying last week, Williams said the
two songs share "feel -- not
infringement."
The attorney
for the Gaye family, Richard Busch, will
also seek to halt sales of "Blurred
Lines," and said he will file official
paperwork by next week.
The
verdict may face years of appeals.
Click
More
tviStory
106-s90- Gaye's point to point - note by
note copyright infringement
win
///
Court denies Grooveshark DMCA protection
for songs like "Johnny B. Goode"
///
GoTo:
106-
Did FCC's New Internet Rules Put the FCC
in Charge of the
Internet?
///
<>
///
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106-
Is the Digital Millennium
Copyright Act a Safe Harbor?
-- <bottom> BEST ACTRESS BEST ACTOR ACTRESS IN A SUPPORTING
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The
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///
110-
Google releases Translate App
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Court denies Grooveshark DMCA
protection for songs like "Johnny
B. Goode"
In April 2013, a New York
state appellate court made a
curious decision in a matter
being litigated between
Grooveshark parent company Escape
Media Group, Inc. and UMG
Recordings, Inc. The court ruled
that due to an peculiarity in
copyright law, the Digital
Millennium Copyright Act does not
apply to songs that were licensed
under state law before February
15, 1972. As such, for these
recordings, Grooveshark is not
eligible for what is known as
safe harbor -- an immunity to
liability if users upload
copyrighted works without the
website's knowledge.
As a website that allows users to
upload their recordings,
Grooveshark's business model
depends on the DMCA. Users upload
songs on Grooveshark and are
warned about uploading
copyrighted material. If a rights
holder discovers that a user has
uploaded a copyrighted song, the
rights holder notifies
Grooveshark. As long as the
website takes the song down
quickly enough, Grooveshark
avoids being held responsible for
the infringement.
1972
But an anomaly in copyright law
is throwing a wrench in that
system. In 1971, Congress
overhauled copyright laws, making
most protection a federal matter.
However, recordings copyrighted
before February 15, 1972 would
remain under the purview of the
common law and statues of the
individual states. The new
federal copyright prescriptions
noted that "any rights or
remedies under the common law or
statutes of any State shall not
be annulled or limited by this
Title until 2067."
With this in mind, UMG brought
litigation against Grooveshark
saying that the DMCA, a federal
act, does not apply to these
recordings under common law. So
the website is still liable for
copyright infringement if a user
uploads, say, Chuck Berry's
"Johnny B. Goode" (written in
1958) without Grooveshark's
knowledge.
A 2010 filing by UMG in the case
says that these titles under
state copyright protection
include works from "Buddy Holly,
The Carpenters, Cat Stevens,
Chuck Berry, The Jackson Five,
The Mamas and the Papas, Marvin
Gaye, The Supremes, The
Temptations, and The Who."
While a New York District court
initially ruled in Escape Media
and Grooveshark's favor, the New
York appellate court took a very
different view. "Initially, it is
clear to us that the DMCA, if
interpreted in the manner favored
by defendant, would directly
violate section 301(c) of the
Copyright Act," the court's
decision read.
About the DMCA
The Digital Millennium
Copyright Act (DMCA) is a United
States copyright law that
implements two 1996 treaties of
the World Intellectual Property
Organization (WIPO). It
criminalizes production and
dissemination of technology,
devices, or services intended to
circumvent measures (commonly
known as digital rights
management or DRM) that control
access to copyrighted works. It
also criminalizes the act of
circumventing an access control,
whether or not there is actual
infringement of copyright itself.
In addition, the DMCA heightens
the penalties for copyright
infringement on the Internet.
Passed on October 12,
1998, by a unanimous vote in the
United States Senate and signed
into law by President Bill
Clinton on October 28, 1998, the
DMCA amended Title 17 of the
United States Code to extend the
reach of copyright, while
limiting the liability of the
providers of online services for
copyright infringement by their
users.
The DMCA's principal
innovation in the field of
copyright is the exemption from
direct and indirect liability of
Internet service providers and
other intermediaries. This
exemption was adopted by the
European Union in the Electronic
Commerce Directive 2000. The
Copyright Drective 2001
implemented the 1996 WIPO
Copyright Treaty in the EU.
Click
More
tviStory
106-s90- Is the Digital
Millennium Copyright Act a Safe
Harbor?
///
106-
Did FCC's New Internet Rules Put
the FCC in Charge of the
Internet?
March 10, 2015- It's been
two weeks since the Federal
Communications Commission voted
3-2 to overhaul the way broadband
Internet service is regulated,
changing it from a Title I
information service to a Title II
telecommunications service - by
expanding the definition of
conventional phone service to
include Internet address as well
as phone numbers, according to
the order
And
only now is the 400-page order,
not released prior to the vote,
that was drawn up by FCC Chairman
Tom Wheeler and supported by the
commission's two Democratic
members, available for public
viewing. This was perhaps the
most significant and far-reaching
shift in Internet policy in
nearly two decades, and put in
place without full public
access.
The FCC's catchall,
'just and reasonable'
provision.'
And
yet even though the rules are now
available for all to see, it
still remains somewhat unclear
how exactly they will work in
practice. As noted by the New
York Times, the FCC is "set to
decide what is acceptable on a
case-by-case basis. The
regulations include a subjective
catchall provision, requiring
'just and reasonable'
conduct."
What
counts as 'just and reasonable'
will, naturally, be up to the
whims of the FCC.
In
some ways, this is the worst part
of the agency's net neutrality
push. It's not even that it puts
in place bad rules; it's that it
installs potentially strict but
ultimately vague rules, and
leaves the FCC as the final
arbiter of what is and isn't
acceptable. The FCC will have
some guidelines, of course, but
Wheeler's book-length
bureaucratic proposal will surely
provide legal ammunition for
whatever creative interpretation
the agency settles on - or
desires - at any given time.
New net neutrality
rules give the agency veto power
over ISP innovation
This
is give or take what to expect in
the wake of the FCC's rules; ISPs
will probably invest and innovate
more cautiously, knowing that the
FCC has veto power over their
decisions. And armies of
expensive telecom lawyers will
spend their days arguing about
what, exactly, constitutes "just
and reasonable" in a wide variety
of situations.
As
telecom analyst Roger Entner told
the Times, "Telecom lawyers in
Washington popped the corks on
the champagne," when the rules
were passed last February 26. "It
will be at a least a hundred
million in billable hours for
them. This will go on for an
unforseeble time."
Critics
at times describe net neutrality
as a government takeover of the
Internet. This is in most ways an
exaggeration; the Net will remain
for the most part privately
operated, with competing though
heavily regulated firms
continuing to own and operate the
infrastructure.
ISPs will now need the
FCC's permission, at least
tacitly, to innovate and to
invest, and they will inevitably
make major business decisions
with the FCC's veto power in
mind. The agency, and its
nebulous "just and reasonable"
standard, will be a shadow
presence whenever any major move
is contemplated. The publication
of the FCC's order, in other
words, mostly serves to confirm
that the rules will mean whatever
the agency wants them to
mean.
Click
More
tviStory
106-s90-
Did
FCC's New Internet Rules Put the
FCC in Charge of the
Internet?
Click-
FCC Open Internet Rules and
Order
<>
Sec-001- ToDay's Briefs
101-Oscar
Winners 2015 - 87th Academy
Awards
BEST MOTION
PICTURE
Birdman or (The Unexpected Virtue
of Ignorance)
Alejandro G.
Iñárritu, John
Lesher and James W. Skotchdopole,
Producers
Julianne Moore in Still Alice
Eddie Redmayne in The Theory of
Everything
Patricia Arquette in Boyhood
J.K. Simmons in Whiplash
Alejandro G.
Iñárritu, Birdman
or
(The Unexpected Virtue of
Ignorance)
The Imitation Game
Written by Graham Moore
Birdman or (The Unexpected Virtue
of Ignorance)
Written by Alejandro G.
Iñárritu,
Nicolás Giacobone,
Alexander Dinelaris, Jr. &
Armando Bo
MOTION PICTURES (ORIGINAL
SCORE)
The Grand Budapest Hotel
Alexandre Desplat
(ORIGINAL SONG)
"Glory" from Selma
Music and Lyric by John Stephens
and Lonnie Lynn
CitizenFour
Laura Poitras, Mathilde Bonnefoy
and Dirk Wilutzky
Whiplash
Tom Cross
Birdman or (The Unexpected Virtue
of Ignorance)
Emmanuel Lubezki
The Grand Budapest Hotel
Production Design: Adam
Stockhausen;
Set Decoration: Anna Pinnock
Big Hero 6
Don Hall, Chris Williams and Roy
Conli
Feast
Patrick Osborne and Kristina
Reed
Interstellar
Paul Franklin, Andrew Lockley,
Ian Hunter and Scott Fisher
American Sniper
Alan Robert Murray and Bub
Asman
Whiplash
Craig Mann, Ben Wilkins and
Thomas Curley
Crisis Hotline: Veterans Press
1
Ellen Goosenberg Kent and Dana
Perry
The Phone Call
Mat Kirkby and James Lucas
Ida (Poland)
The Grand Budapest Hotel
Frances Hannon and Mark
Coulier
The Grand Budapest Hotel
Milena Canonero
///
were
held on Sunday, February 22,
2015, at the Dolby Theatre®
at Hollywood & Highland
Center® in Hollywood, and
will be televised live on the ABC
Television Network at 7 p.m. ET/4
p.m. PT. The Oscars, produced by
Zadan and Meron, were televised
live in more than 225 countries
and
territories
worldwide.
HOST:
Neil Patrick Harris
PRESENTERSAT
THE 87TH
OSCARS®:
Ben
Affleck, Jennifer Aniston, Jason
Bateman, Cate Blanchett, Jessica
Chastain, Marion Cotillard,
Benedict Cumberbatch, Viola
Davis, Chiwetel Ejiofor, Chris
Evans, Ansel Elgort, Kevin Hart,
Idris Elba, Josh Hutcherson,
Scarlett Johansson, Dakota
Johnson, Nicole Kidman, Jennifer
Lopez, Jared Leto, Shirley
MacLaine, Matthew McConaughey,
Sienna Miller, Chloë Grace
Moretz, Eddie Murphy, Liam
Neeson, Lupita Nyong'o, David
Oyelowo, Gwyneth Paltrow Chris
Pine, Chris Pratt, Margot Robbie,
Zoe Saldana, Octavia Spencer,
Meryl Streep, Channing Tatum
Miles Teller, John Travolta,
Kerry Washington, Naomi Watts,
Oprah Winfrey and Reese
Witherspoon.
PERFORMERS:
Jack
Black, Common, Jennifer Hudson,
Lady Gaga, Anna Kendrick, John
Legend, Adam Levine with Maroon
5, Tim McGraw, Rita Ora and Tegan
and Sara with The Lonely
Island.
Click
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Oscars
Click
Direct
Click
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tviStory
101-s90-The 87th Oscar
Presenters
///
///
114-
TV Newsman, Stan Chambers
died.
By:
Gary Sunkin
Click More
tviStory
114-s90--
Stan
Chambers
///
114-
GaryOwens, announcer on "Rowan
& Martin's Laught-In" Died.
He was
80.
Click More
tviStory
114-s90--
GaryOwens , anouncer on "Rowan
& Martin's Laught-In"
Died
///
110-
Google releases translate App
upgrade
Click
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tviStory
110-s90- Google
releases Translate App
upgrade
///
102-
Was the SmartPhone a USA
Invention?
-
Stubtelephondelgreen108w.jpg
102c- Birthplace of the Wireless
Telephone®©,
and its NBS Wireless
Telephone®©
registered service marks.
ClFOR
MORE
SmartPhone Story- CLICK
HERE
///
101-
21st Annual Screen Actors Guild
Awards®
Click
More
tviStory
115-s90- 21st Screen Actors Guild
Awards
///
115-
NATPE, Fontainebleau Miami Beach
Resort, January 20-22, 2015
Click
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tviStory
115-s90- National Association of
Television Program Executives-
NATPE
2015
More
Direct
///
115-
BrandonTartikoff Legacy
Award
Click
More
tviStory
115-s90- Brandon Tartikoff Legacy
Award
///
115-
CES 2015: Wearables Everywhere.
Intel demos button size wearable
computer
Click
More
tviStory
115-s90- Intel Demos
Curie
///
CES
2015: 106- Net neutrality
rules reclassification proposed
Click
More
tviStory
115-s90- FCC Proposes New Set of
Net Neutrality
Rules
///
CES,
Las Vegas, January 6-9,
2015
Click
More
tviStory
115-s90- C E S, Consumer
Electronics Show
2015
///
PASADENA, Calif.
--
Pasadena Celebrates New Year with
Rose
Parade
By
Gary Sunkin
Click
More
tviStory
115-s90- The 2015 Rose
Parade
Click
Direct to Tournament of
Roses
///
Photo:
Colorado Boulevard, Pasadena
circa
1883
///
THE
ROSE BOWL GAME, THE GRANDDADDY OF
THEM
ALL-
Click
More
tviStory
115-s90- The 2015 Rose
Parade
///
Oregon
Vs Florida State
to
Play in College Football Playoff
Semifinal
at
the Rose
Bowl
Click
More
tviStory
115-s90- Rose Bowl
Game
///
102-
ICAAN
Hacked
Click
More
tviStory
102-s90- ICAAN
Hacked
March
2015
106- Gaye's point to point - note
by note
copyright
infringement $7.4 million win
106- The FCC's Net
Neutrality Rules -
106- Is the Digital
Millennium
Copyright
Act a Safe Harbor?
115-
TCM CLASSIC FILM FESTIVAL
115- OFC Optical Fiber
Communications Conference
115-
40th AFCI Locations Show
Hyatt
Regency, Century Plaza, LA, March
5-7
101- Oscar Winners 2015
115- LA Travel Show
February
2015
101-
The Oscar Presenters
115- LA Travel Show
114- In Memory of
our friends,
Joe Franklin, Stan
Chambers
114- Gary Owens, of
"Rowan & Martin's Laugh-In"
Died
110- Google
releases Translate App
upgrade
102- Was the
SmartPhone a USA Invention?
101- 21st Annual Screen
Actors Guild Awards
115- Brandon Tartikoff Legacy
Award
102-
ICAAN Hacked
115- NATPE, Miami Beach,
FL Jan. 20-22, 2015
115- Brandon Tartikoff Legacy
Award
115- NATPE, Miami Beach, FL
Jan. 20-22, 2015
115-
Brandon Tartikoff Legacy
Award
115- The Golden Globe Awards,
JAN 11
115- Critic's
Choice Awards, JAN 15
115- CES 2015: New Net
neutrality rules proposed
115- CES 2015: Intel demos
button size computer
115- Pasadena Celebrates
New Year with Rose Parade
Photo: Colorado Blvd,
Pasadena, CA circa 1883
115-
THE GRANDDADDY OF THEM
ALL-
115-
Oregon vs Florida State at the
Rose Bowl
115- The 14th Valley Film
Festival, Dec.
10-14
GoTo
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