UMG Wins Round 2 Against Grooveshark

[Translate] UMG Wins Round 2 Against Grooveshark by Elliot Zimmerman, BCS, PA www.entertainmentlawyer.pro On Tuesday, April 23, 2013, the New York State Supreme Court of Appeals reversed a lower state court decision favoring Escape Media Group Inc., the operators of the music streaming site Grooveshark. See UMG RECORDINGS, INC., Plaintiff-Appellant, (“UMG”) v. ESCAPE MEDIA GROUP, INC., (“Grooveshark”) Defendant-Respondent, RECORDING INDUSTRY ASSOCIATION OF AMERICA, AMICUS CURIAE, Appellate Div. of the Supreme Court of NY, 1st Department, Continue reading UMG Wins Round 2 Against Grooveshark

Mass Copyright Infringement Lawsuit Defense

[Translate] Are you a potential defendant in a mass copyright infringement action? Record and film companies continue the practice of filing mass copyright infringement lawsuits lumping thousands of defendants together, namimg each defendant “John Doe” or “Jane Doe” or “Does 1-2500.” Courts issue subpoenas to these defendants’ cable or internet provider to give up their identity. In turn, the cable or other internet provider sends each potentital defendant a letter stating that their IP address Continue reading Mass Copyright Infringement Lawsuit Defense

Copyright Myths About Collages

[Translate] Collage is considered fair use, and therefore not subject to copyright law. The doctrine of fair use protects educational and scholarly purposes such as news reporting, literary criticism, and libraries. Artistic uses are not explicitly protected by fair use, and commercial uses are explicitly not protected. My collage can freely use copyrighted material, as long as I use no more than 5% / 10% / a small amount of the original work. The doctrine Continue reading Copyright Myths About Collages

Ten Questions: Intellectual Property, Copyright, and Streaming Media

[Translate] Elliot Zimmerman discusses IP issues facing content creators, owners, and publishers. by Geoff Daily www.streamingmedia.com/article.asp?id=10254&page=1&c=31 February 15, 2007 The questions surrounding intellectual property are too numerous and varied to be boiled down to a list the way we’ve done with other “Ten Questions” articles in this issue. So, we sat down with Elliot Zimmerman—a Florida-based entertainment attorney who has represented clients including Aretha Franklin, jazz pianist Ahmad Jamal and others in cases involving copyright and Continue reading Ten Questions: Intellectual Property, Copyright, and Streaming Media

The CyberEntertainment Lawyer

[Translate] It’s no secret that all forms of entertainment have embraced and migrated to the web. Why? The internet allows you to select what, when, where, and how the new media is delivered. The present technology provides a vast new world of opportunities to those engaged in the entertainment industry, including artists, musicians, producers, actors, writers, production companies, the film industry, radio and television stations, record distributors, game designers, and many more. It was not Continue reading The CyberEntertainment Lawyer

Cloud Law

[Translate] Cloud Law Systems :: Cloud Law Office Practice Management and Billing Software CLOUD LAW is downloadable software, available at http://cloudlawsystems.com, you install on your own web server that provides web based law practice management applications and services designed specifically for lawyers by lawyers. With CLOUD LAW, your paperless virtual law office is conveniently centrally located at your web site and comes right out of the box with all the features you need for 5 Continue reading Cloud Law

Principal Sued Individually for Chilling Student’s 1st Amendment Rights

[Translate] Pembroke Pines, FL. In Katherine Evans v. Peter Bayer, US District Court for the Southern District of FL (2008), Magistrate Judge Barry Garber ruled against Peter Bayer’s, Principal of Pembroke Pines Charter High School, motion to dismiss the case against him individually for suspending Katherine Evans, a senior, who set up a Facebook page to complain about her teacher. Magistrate Garber agreed that Evans’ First Amendment rights were chilled and Bayer had personal exposure Continue reading Principal Sued Individually for Chilling Student’s 1st Amendment Rights

Toronto Radio Podcast on Cyberbullying

[Translate] Toronto Radio NewsTalk 1010 host Jamie Hofing interviewed Elliot Zimmerman on Dec. 16, 2009 regarding whether students have a right to be mean online. A recent LA Times article reported that a Beverly Hills school suspended an 8th grade student who posted a video on YouTube with several other students calling yet another student “spoiled,” a “brat,” and a “slut.” Read the article here.   The suspended student took the case to federal court, Continue reading Toronto Radio Podcast on Cyberbullying

Embedded Metadata Subject to Discovery

[Translate] The Arizona Supreme Court ruled on Thursday, October 29, 2009, in Lake vs. City of Phoenix, CV-09-0036-PR that: Arizona law provides that public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours. Ariz. Rev. Stat. (A.R.S.) §§ 39-121 (2001). The City of Phoenix denied a public records request for metadata in the electronic version of a public record. We Continue reading Embedded Metadata Subject to Discovery