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Recent Whispers And Warnings

Whispers And Warnings For May 20th
published: May 20, 2015

YOU MAY NO LONGER BE FORCED TO LISTEN TO CHEESY ALTERNATIVES IN RESTAURANTS!
'Happy Birthday' Lawsuit: Judge Wants to Know If Copyright Was Abandoned
"U.S. District Judge George King wants to hear more about whether the 19th century schoolteacher who has been credited with writing "Happy Birthday to You" -- the English language's most popular song -- had abandoned the copyright to the lyrics."

SHOULD A FIRM BE ALLOWED TO HIDE CONTACT DETAILS TO AVOID LAWSUITS?
Facebook Israel CEO asks court to gag lawyer
"Adi Soffer-Teeni's move follows threats to publish her contact details due to difficulties in removing Facebook posts."

WHAT DO YOU THINK ABOUT THIS? IS THEIR TARGET MARKET TOO YOUNG?
Children's book no stranger to controversy
"The children's book 'King & King' has prompted bans, a lawsuit and even a bill in Congress from those offended by the story's portrayal of a gay prince."

TABLOID-STYLE READING. A GUILTY PLEASURE...
The top 5 ugliest media departures ranked, including ESPN's Bill Simmons
"When news broke on Friday that Bill Simmons and ESPN were parting ways, it seemed...sudden. That's because even Simmons learned of his own fate on Twitter."

"A WEAK COPYRIGHT CLAIM CANNOT JUSTIFY CENSORSHIP"
Google Wins Copyright And Speech Case Over 'Innocence Of Muslims' Video
"In a complicated legal battle that touches on questions of free speech, copyright law and personal safety, a federal appeals court has overturned an order that had forced the Google-owned YouTube to remove an anti-Muslim video from its website last year."

DON'T LET THEM GET AWAY WITH IT!
Someone Stole Your Design? 3 Ways to Fight Back.
"News outlets have been abuzz this week with the story of Oregon-based small-business owner Melissa Lay who recently discovered Target selling a top nearly identical to one of the many designs she'd been selling through her site, SandiLake."

RELATED:

Archived Whispers and Warnings are HERE.

Whispers And Warnings For May 13th
published: May 13, 2015

GOOD REPORTING OR SENSATIONALISM?
Student newspaper adviser, editor, sue Northern Michigan U. alleging retaliation
"Reed, 48, and the newspaper's managing editor, Michael Williams, 23, filed a lawsuit last month alleging that school officials retaliated against them because the North Wind has been investigating NMU's administration."

SEX ASSAULT VICTIMS WHO POST ONLINE ABOUT THEIR EXPERIENCES MAY BE THREATENED WITH LAWSUITS; ENCOURAGED NOT TO FILE CHARGES
Assault victims can face legal issues
"Amy Isenor, an attorney with Civil Society, a nonprofit organization that offers legal services to sexual assault victims, said accused parties occasionally use the threat of a defamation lawsuit to intimidate someone pressing sexual assault charges."

NEED TO SUE A CHINA-BASED COMPANY DOING BUSINESS IN THE U.S.? YOU MAY BE OUT OF LUCK.
Report: 'Legal firewall' shields Chinese firms from lawsuits
"The report published Tuesday by the U.S.-China Economic Security Commission says that Chinese companies operating in the U.S. have built a legal firewall that keeps them largely immune from the jurisdiction of U.S. courts and regulatory agencies."

WOW. THESE GUYS ARE MAKING A LOT OF MONEY ON FACEBOOK!!
Facebook's new video business is awash with copyright infringement and celebrities are some of the biggest offenders
"Some of the biggest celebrities on the site are lifting viral videos created by others, sharing them with their fanbases, and then earning money on the clicks those views generate on links to their own work on iTunes or elsewhere."

PAPER SUES BLOGGER/NEWSLETTER PUBLISHER
News Service of Florida sues SaintPetersblog.com publisher Peter Schorsch
"The crux of the complaint, filed in U.S. District Court in Tampa, by News Service parent company Affiliated News is that Schorsch republishes reporting without permission, benefitting from ad revenue on his websites and growing his own subscriber base, all while making a paid News Service subscription less necessary. 'The News Service of Florida has a copyright to its material, but it does not have a copyright on the news. Its accusations of me proactively accessing its material are baseless and - in this day and age of socially-networked news and search engines - ridiculous,' Schorsch wrote. 'I understand NSF is having financial problems, but striking out against me and my reporters is not going to solve them.'"

NEW COMPLAINT POSTED ABOUT TATE PUBLISHING (and old complaints as well)

RELATED

Archived Whispers and Warnings are HERE.

Whispers And Warnings For May 6th
published: May 6, 2015

MORE ON THE SECOND CLASS-ACTION LAWSUIT FILED AGAINST AUTHOR SOLUTIONS (A.K.A. Xlibris, iUniverse, Trafford, and many more)

Author Solutions (Author House, Xlibris, et. al.) SUED AGAIN!!

SECOND CLASS ACTION LAWSUIT FILED AGAINST AUTHOR SOLUTIONS INC.

Second Class Action Suit Filed Against Author Solutions

Writers Be Warned: The Case Against Author Solutions (Part 1)

Writers Be Warned: The Case Against Author Solutions (Part 2)

Writers Be Warned: The Case Against Author Solutions (Part 3)

UPDATE ON THE FIRST CLASS-ACTION LAWSUIT

Author Solutions (First) Class Action Scheduled For 2015

OTHER NEWS

OOPS! LOOKS LIKE SOMEBODY PERHAPS DIDN'T UNDERSTAND COPYRIGHT LAW? IT WASN'T IN THE PUBLIC DOMAIN.
Copyright lawsuit filed over well-known Keys autobiography
"The lawsuit claims that Milemarker Books in Marathon has been 'publishing, reprinting and selling' the second edition of 'Charlotte's Story' without permission from the Friends of the Islamorada Area State Parks."

THE RECORD DIDN'T WANT TO INCLUDE THE CONFIDENTIALITY CLAUSE
Lawsuit stalls in Sarah Palin's use of The Record's iconic 9/11 photo
"But her demand for a confidentiality clause to keep the details secret - because her political action committee 'did not want any hint of compromise associated with her name' - became a roadblock to a final settlement..."

IF THIS IS TRUE, DID THEY REALLY THINK THEY WOULDN'T GET CAUGHT?!
Oscar Nominee Claims Copyright Infringement
"He claims the producers of Peggy Guggenheim have included 50 minutes of his music in the film, which centers on the travels and art collection of the early-20th century socialite. He says they negotiated with him to use his compositions, but rejected his terms and included his music anyway. They allegedly then used his name to advertise the film in Tribeca and in other marketing."

THEY CLAIMED USERS UPLOADED THE ILLEGAL MATERIAL...BUT TURNS OUT THEIR EMPLOYEES DID, TOO, MAKING THEM LIABLE
Grooveshark finally gutted by the court for copyright infringement
"...a judge ruled that Grooveshark employees had personally uploaded thousands of songs without permission. Since company employees, rather than users, had uploaded the songs, Grooveshark was deemed to be guilty of copyright infringement."

Whispers And Warnings For April 29th
published: April 29, 2015

A DEAD OR SEVERELY DELAYED PROJECT AND PAYMENT - ONE OF THE RISKS OF GHOSTWRITING...
Here's Why Courtney Love Is Getting Sued by the Co-Writer of Her Memoir
"Bozza's lawyer says in the suit that Love refused to send the manuscript to the publisher, HarperCollins imprint William Morrow, even though he delivered it to her in early 2014."

DUMB!!! THIS IS BOOK COVER DESIGN 101. NEVER PUT REAL PEOPLE'S FACES ON AN EROTIC NOVEL COVER, EVEN IF YOU BOUGHT THE PHOTO FROM A REPUTABLE SOURCE!
Couple Sues Amazon, Apple (and others) over Erotic Rob Gronkowski E-Book A Gronking to Remember
"The couple, listed in the lawsuit filing only as John and Jane Roe, claim their engagement photo was used without their permission..."

We predict the lawsuits against Apple and Barnes and Noble will be dismissed. It appears CreateSpace is the publisher. If they designed the cover, they may be liable for copyright infringement and invasion of privacy. "The Hollywood Reporter notes that the lawsuit is now in federal court, and Amazon is claiming that it's not technically a publisher of the book." The publisher, CreateSpace, is owned by Amazon. Ahem... (Read Here)

MOST INTERESTING STORY I READ TODAY!
To fight revenge porn, I had to copyright my breasts
"But for some victims of revenge porn, copyright law has been the only way to get their naked pictures off the Internet."

IN CANADA, YOU HAVE TO SUE FOR COPYRIGHT INFRINGEMENT? YOU CAN'T SEND A LETTER DEMANDING A QUICK SETTLEMENT.
'No Obligation' For Canadians To Pay Settlements In Copyright Notices
"If your downloading habits have scored you a copyright infringement notice (or allegation) asking you to pay a settlement amount, you don't have to pay it."

RELATED:

Archived Whispers and Warnings are HERE.

Whispers And Warnings For April 22nd
published: April 22, 2015

IF THE SONGWRITERS DON'T LIKE THE TERMS, THEY AND THEIR REPS SHOULD NOT SIGN ON WITH PANDORA. LESS CONTENT = FEWER LISTENERS.
Publishing Trade Association Responds to Roger Faxon, Saying 'Pandora Exploits Songwriters'
"First, does Pandora sincerely believe that paying approximately only 4% of its revenue to songwriters and music publishers is a fair value for the creative content that drives its business?"

HOW LIABLE SHOULD WEBSITES AND ISPs BE WHEN THEIR USERS BEHAVE BADLY?
Indecent Attacks on the Communications Decency Act
"If you surf Yelp before booking a restaurant, shop eBay to find bargains, or scan the HuffPo blogs for emerging political thought, thank Congress. And enjoy the free-range Internet times we live in. They may be fleeting..."

OH, TO BE A FLY ON THAT WALL...
News Corp's HarperCollins Makes Multi-Year Deal With Amazon, Averting "War
"Deal took nearly a year, but was kept private in contrast to Amazon's very public rancorous dispute with Hatchette."

ANOTHER DAY, ANOTHER PERSON ALLEGING COPYRIGHT INFRINGEMENT FROM A POPULAR MOVIE
Kuwaiti author sues Disney over 'stolen' 'Frozen' story
"An author in Kuwait has sued Disney and its hit film 'Frozen' screenwriter Jennifer Lee claiming the plot of the movie was pinched from a story included in her book 'New Fairy Tales'."

BARS (NOT COVER BANDS) GET SUED FOR COPYRIGHTED SONGS SUNG BY THOSE BANDS
Cover Band Classics Prompt Costly Copyright Claims Against Minn. Bars
"'(Sittin' On) The Dock of the Bay,' 'Bennie and the Jets' and 'Brown Eyed Girl.' They're cover band classics - songs that have also cost some Minnesota bars tens of thousands of dollars after they were hit with copyright infringement lawsuits."

RELATED:

Archived Whispers and Warnings are HERE.




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