New Wine in Old Wine Skins
People don’t pour new wine into old wineskins. If they do, the wine will make the skins burst, and both the wine and the skins will be ruined. -Mark 2:22 Article 1, Section 8,Clause 8 of the United States Constitution is the starting point for any discussion of intellectual property, and [...]
SOPA and PROTECT IP: Is the Sky Falling on the Internet?
By Amber Rose and Barry Shrum If you’ve cruised the net or checked out your local news any time within the last few months, chances are you’ve heard rumors currently sweeping the United States about two pieces of proposed legislation : H.R. 3261 entitled the Stop Online Piracy Act (“SOPA”) and S. 968 entitled the [...]
YouTube Uses Happy Tree Friends to Educate on Copyright
By Rachel Galloway IMPORTANT NOTICE: The views expressed in this article are solely those of Ms. Galloway and may not necessarily reflect the views of Law on the Row or Barry Neil Shrum, Esquire. The last time I watched a Happy Tree Friends video was when I was around 13 years old in the company [...]
Solutions for the Orphaned Works of Copyright: Google Books Decision Highlights Need for Action
The recent decision presented by the honorable Judge Chin on the matter of copyright infringement in the case The Authors Guild v. Google Inc. raised numerous issues in the arena of Intellectual Property. In addition to opposing the “opt-out” stipulation written into the settlement, Judge Chin also contested the way Google Inc. approached and viewed [...]
Judge Chin rejects settlement agreement in Authors Guild v. Google
Under Rule 23(e) of the Federal Rules of Civil Procedure, a settlement of a class action requires approval of the court. Fed. R. Civ. P. 23(e). The court may approve a settlement that is binding on the class only if it determines that the settlement is “fair, adequate, and reasonable, and not a product of [...]
Illegal file-sharing has the greatest impact on the lowly songwriter
A decade’s worth of music file-sharing and swiping has made clear that the people it hurts are the creators… and the people this reverse Robin Hooding benefits are rich service providers, whose swollen profits perfectly mirror the lost receipts of the music business. -Bono (New York Times, January 2010) The passage of the Digital Economy [...]
The Utilitarian Idea of a Monopolistic Right in Intangible Property
By Barry Neil Shrum, Esquire and Nathan Drake The classical libertarian, Frédéric Bastiat, is quoted as saying: In the full sense of the word, man is born a proprietor. . . . Faculties are only an extension of the person; and property is nothing but an extension of the faculties. To separate a man from [...]
French Court Finds Google Liable and Refused to Apply Safe Harbor Provisions of The Law of Confidence in the Digital Economy
The search engine giant Google, known for its colorful name and creative endeavors, has been convicted in French Court of infringing the copyrights of four artistic works and now faces fines upwards of $600,000, not including legal costs and attorneys fees. The plaintiffs in the case was made up of four entities who owned the [...]
Immigration and Counterfeit Enforcement Agency Brings Criminal Charges against Owner of ChannelSurfing.Net
By Barry Neil Shrum & Nathan Drake In November 2010, the Federal Immigration and Counterfeit Enforcement agency (“ICE”) recently seized 82 websites and shut them down on the grounds that they were committing criminal copyright infringement. One of these websites has recently become the spotlight of attention:. Brain McCarthy, the owner and operator of channelsurfing.net, [...]
98% of all Statistics are Made Up on the Spot! Fact is, copyright infringement DOES kill jobs.
Mark Twain had a lot to say about statistics, ranking them as the highest of all lies: “There are three kinds of lies: lies, damned lies, and statistics. Twain is also attributed with the more insinuated saying that “statistics are like ladies of the evening, once you get them down, you do anything with them!” [...]
Origins of an Idea–Nothing New Under the Sun?
That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the [...]
The Proposed “Combating Online Infringement and Counterfeits Act”– yet another feeble attempt?
Since before the day that Napster was a twinkle in Sean Parker’s eye – well over a decade ago now – the legal and music industries have each struggled with ways to cope with and transform their dusty old business models from the physical status quo to the digital revolution.
Congress proposes Copyright Protection for Fashion Design
In response to concerns in the fashion industry, a bill originally introduced by Senators Schumer and Senator Clinton in 2006 has been revised and reintroduced to the new Congress as Senate Bill 3728. The new bill would amend Title 17 of the Copyright Act of 1976 of the United States Code to include copyright protection for “fashion design.” If it passes, this would represent the first addition of a new protected class of copyrighted works since Congress passed the Architectural Works Copyright Protection Act in 1989
Copyright: it's the end of the world as we know it.
Abraham Maslow’s famous “hierarchy of needs” places self-actualization as the pinnacle of human behavior. To illustrate what the phrase “self-actualization” meant , Maslow said: “a musician must make music, an artist must paint, a poet must write, if they are to be ultimately at peace with themselves.” Of course, the thing that is important to [...]
Taming the “Big Bad Record Company”
What songwriters can do to improve their negotiating strength in an entertainment deal A very common theme among my songwriter and artist clients is the subject of how they were “ripped off” by their record label and/or music publisher (for purposes of this general publication, I’ll refrain from using the actual, more vivid terms often [...]
