Sunday, July 31, 2011

Copyright Infringement: Photographer Sues News Corp, Fox News Over Assata Shakur Photograph



In Buford v. News Corp, complaint here the plaintiff photographer has sued Fox News and Dow Jones over the use of an allegedly rare photograph of the fugitive Assata Shakur (aka Joanne Chesimard).

According to the complaint, there is a one million dollar reward out for Shakur by the FBI because she killed a NJ State Trooper in 1973.   She was granted asylum by Cuba.   The photographer travelled to Cuba and took Shakur's photographer.   Because of the difficulty of accessing Shakur, the photograph is alleged to be very valuable.



The O'Reilly Factor on Fox and the Jon Stewart show allegedly used the photograph with a caption mentioning the murder of the state trooper.

Fox News criticized the Obama Administration for inviting rapper Common who had glorified Shakur's murder of the state trooper in a song, story here.   More from assata.org, in which Assata discusses a "Nazi subculture" in the New Jersey police here.

The complaint claiming copyright infringement is here.


 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Tube Challenge 14 - Will they beat the record?

A few weeks ago, former Tube Challenge Record Holder, Geoff Marshall and Vicki, Anthony and Chris, set out to try to beat the record most recently broken by Mancunians Marc Gawley and Martin East.


Tube Challenge Team at  West Ham

Did they do it? Find out in the very detailed and tweet by tweet account of their efforts to travel round all stations on the London Underground in the fastest possible time.  You can also follow their general shenanigans and plans on Twitter too @to_the_trains.

Chicago Subway Challenger, Adham Fisher has written a song about Chris's route as a parody of Mylo's Destroy Rock & Roll. Called Destroy All Zones It's quite hypnotic listing of all the stations if you ever want to give it a try yourself.

Finally, in case you missed it, I was on Londonist Out Loud a couple of weeks ago talking about the Tube Challenge and a number of other Tube related bits and pieces. Enjoy!

Friday, July 29, 2011

Fair Use Fridays: A Fair Use Evaluator Webmachine


Another tool for evaluating fair use and keeping a record that you've thought things through. http://librarycopyright.net/fairuse/index.php

http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Fair Use Fridays: Copyright Act Section 108: Reproduction by libraries and archives


Via @spellboundblog, you can find a "Section 108 Spinner" here.    17 USC 108 governs reproductions by libraries and archives.

While not exactly under the "fair use" section of the Copyright Act 17 U.S.C. 107, Section 108 provides a lot more detailed guidance for librarians and archivists in determining what types of uses are fair or reasonable.

Please note the "Know your rights, these are your rights" quote from The Clash on the spinner....

The Section 108 Spinner permits a librarian to create a PDF that shows the librarian has considered the proper factiors under 17 U.S.C. 108.   

Just so you know why 17 USC 108 makes librarians' heads spin...

§ 108. Limitations on exclusive rights: Reproduction by libraries and archives41



(a) Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if —
(1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;
(2) the collections of the library or archives are (i) open to the public, or (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and
(3) the reproduction or distribution of the work includes a notice of copyright that appears on the copy or phonorecord that is reproduced under the provisions of this section, or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of this section.
(b) The rights of reproduction and distribution under this section apply to three copies or phonorecords of an unpublished work duplicated solely for purposes of preservation and security or for deposit for research use in another library or archives of the type described by clause (2) of subsection (a), if —
(1) the copy or phonorecord reproduced is currently in the collections of the library or archives; and
(2) any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises of the library or archives.
(c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete, if —
(1) the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price; and
(2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.
For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.
(d) The rights of reproduction and distribution under this section apply to a copy, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, of no more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy or phonorecord of a small part of any other copyrighted work, if —
(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and
(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.
(e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if —
(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and
(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.
(f) Nothing in this section —
(1) shall be construed to impose liability for copyright infringement upon a library or archives or its employees for the unsupervised use of reproducing equipment located on its premises: Provided, That such equipment displays a notice that the making of a copy may be subject to the copyright law;
(2) excuses a person who uses such reproducing equipment or who requests a copy or phonorecord under subsection (d) from liability for copyright infringement for any such act, or for any later use of such copy or phonorecord, if it exceeds fair use as provided by section 107;
(3) shall be construed to limit the reproduction and distribution by lending of a limited number of copies and excerpts by a library or archives of an audiovisual news program, subject to clauses (1), (2), and (3) of subsection (a); or
(4) in any way affects the right of fair use as provided by section 107, or any contractual obligations assumed at any time by the library or archives when it obtained a copy or phonorecord of a work in its collections.
(g) The rights of reproduction and distribution under this section extend to the isolated and unrelated reproduction or distribution of a single copy or phonorecord of the same material on separate occasions, but do not extend to cases where the library or archives, or its employee —
(1) is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group; or
(2) engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d): Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.
(h)(1) For purposes of this section, during the last 20 years of any term of copyright of a published work, a library or archives, including a nonprofit educational institution that functions as such, may reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work, or portions thereof, for purposes of preservation, scholarship, or research, if such library or archives has first determined, on the basis of a reasonable investigation, that none of the conditions set forth in subparagraphs (A), (B), and (C) of paragraph (2) apply.
(2) No reproduction, distribution, display, or performance is authorized under this subsection if —
(A) the work is subject to normal commercial exploitation;
(B) a copy or phonorecord of the work can be obtained at a reasonable price; or
(C) the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs (A) and (B) applies.
(3) The exemption provided in this subsection does not apply to any subsequent uses by users other than such library or archives.
(i) The rights of reproduction and distribution under this section do not apply to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work other than an audiovisual work dealing with news, except that no such limitation shall apply with respect to rights granted by subsections (b), (c), and (h), or with respect to pictorial or graphic works published as illustrations, diagrams, or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsections (d) and (e).



 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Thursday, July 28, 2011

Copyright Law: Captain America Comic Artist Kirby Copyrights KO'd - SDNY


Captain America Comics #1 (March 1941) Copyright Marvel
In Marvel v. Kirby, 10 civ. 141 (SDNY July 28, 2011), District Judge Colleen McMahon of the Southern District of New York determined that Jack Kirby's artistic contributions to such characters as The Incredible Hulk, The Mighty Thor, Spider-Man, Iron Man, the X-Men and the Avengers were works for hire under the 1909 Copyright Act.

Accordingly, the Court found notices of copyright termination sent by Kirby's heirs to be invalid and granted summary judgment to Marvel based largely on the written testimony of Stan Lee.

The decision is detailed and interesting for students of comic books and those interested in the "instance and expense" test of the 1909 Copyright Act.

The complaint is here.  Decision below:


Marvel v Kirby McMahon Order 7 28 11

 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Wednesday, July 27, 2011

Guess Where Tube 6

Continuing the series where I ask you to try to guess where on the  London Underground picture from the London Tube Flickr group was taken from.

No post

Only one of you got the last week's which was incredibly hard. I thought the only way that someone would have got this, would have been if they were the person in the train!

This week, is one of those if you know where it is, it's pretty easy. If you don't it will be interesting seeing how people try to go about trying to guess where it is.

Once again, there's no prizes for getting it, just the satisfaction of knowing you were right. So you need to guess where it was taken from.

Try not to look at the comments in front of you before making your guess. Have fun!

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Seventh Circuit: Addition to Architectural Plans Not Original, But Submission of Reconstructed Computer Plans Sufficient for Copyright Filing





In Nova Design Build Inc. v. Grace Hotels, LLC, 2011 WL 3084929 (7th Cir. July 26, 2011), the Seventh Circuit considered a case where an architectural design firm registered a copyright in improvements made to a Holiday Inn Express project. The builder got in a dispute with the architectural designer. The builder proceeded to use the plans, and claimed that the contract permitted the use. On summary judgment, the district court ruled for the defendant builder and against the plaintiff designer.

First, the court applied the T.B. Harms v Eliscu test to determine subject matter jurisdiction. Since the complaint alleged copyright infringement, the court had subject matter jurisdiction. The builder's allegation that the use was permitted by contact (licensed) was a defense - and defenses do not affect jurisdiction under 28 USC 1331 or 1338.

Second, the court overruled the district court's finding that Nova's reconstruction of its computerized designs to support its copyright filing relied on Nova's memory and thus was invalid. Nova's computers had been stolen, so the precise files were unavailable. In overruling, the Seventh Circuit found that Nova's reconstruction was based on hard copies and a meticulous recreation of the plan and that on summary judgment the district court's adverse ruling was not appropriate.

On this point, Nova is correct. Indeed, before the digital world made exact copies common, many copies may have had tiny discrepancies in them. There is no hard evidence in the record supporting the district court's speculation that Nova had to resort to the memories of its employees to re-create its designs. And even if there were, Nova has pointed to evidence to the contrary. With the hard copies and the restored CAD files, Nova could meticulously and mechanically piece together a copy of its original designs.


Practice Tip: This is a quote that copyright practitioners will want to keep in their back pockets.

Third, the Seventh Circuit found that Nova's additions to the Holiday Inn Express plans were not original and thus Nova could not satisfy a key element of copyright infringement.

We think that Nova fails at the initial step: it has not identified anything in these particular designs that was original and thus protectable. Nova's designs were, for the most part, based on the Holiday Inn Express prototype. Nova does not assert that it has the right, either through contract or otherwise, to enforce Holiday Inn Express's copyright in its own plans. Instead, Nova protests that it added features to the prototype, such as an extra floor, a larger meeting area, different closet and door placements in the rooms, and different pool, exercise, and laundry areas, but that is not enough. Though Nova's designs do possess added features (and these additions are the only elements that may be protectable), they are devoid of originality. Merely adding an extra floor, identical to the floor layout of the prototype, is not original. The other features Nova mentions were specifically requested by Grace, mostly through written requests accompanied by graphic designs. In light of that, there was no creative element to these features in Nova's designs. See Tiseo Architects, Inc., 495 F.3d at 347 (holding that architectural sketches that incorporated owner's suggestions and drawings, and were limited by zoning requirements, did not possess requisite originality for copyright protection). The aspects of Nova's designs that went beyond the Holiday Inn Express prototype were insufficiently original to qualify for copyright protection, and with that Nova's claim for copyright infringement must fail.


The Seventh Circuit thus affirmed the District Court's grant of summary judgment against the plaintiff designer.

A short, but important case illustrating how the Seventh Circuit is looking at copyright claims, copyright filings, and demonstrations of originality on a summary judgment motion.


Nova Design Build Inc v Grace Hotels

http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Tuesday, July 26, 2011

Meet your 2nd drama queen after Halima Abubakar

Semi-nude pics for Annie Macaulay seem to be the next in-thing, as we can’t count how many of such pics we have seen recently.

Exclusive to LLBLOG: Fuji act Obesere detained over N3million debt

Paramount king of Fuji, Abass Akande Obesere is at present not a happy man. The lewd musician is exploring legitimate means to free himself from what he tagged ‘harassment’ by men of the Nigerian police force. Gathered that Omorapala as Obesere is otherwise known, sometimes back obtained a N3million loan from Cedar Microfinance Bank Limited and refused to honour the terms of repayment. Sources say the bank wrote to the Fuji musician sometimes in October 2010 but he never paid back the loan. In the event of the former, the bank was said to have petitioned the Nigerian Police who went into action and detained the musician. He was however released on bail after the undertaking that he will repay the said loan. Hoping friends and fans will rescue him out of this.

Here's what Top News Magazine is reporting...

Monday, July 25, 2011

Angel Tube's Thoughts of the Day go Online

Loving this & I suppose it was only a matter of time, but the "London Underground Whiteboard Message" wars have hitched up a notch. Shoreditch London Overground station have regular daily fun messages captured by Boardscribe. Oval Tube have been doing Quotes of the Day in lovely italic writing for many years. Tim Pinn at Warwick Avenue Tube's cheery whiteboard messages with fun sketches have earnt him hundreds of Facebook fans and he also was nominated for a London Transport Award Clapham North Tube also has quotes of the day messages and  Kew Gardens station regulary do "On This Day in ......" boards.  Kim at Caledonian Road Tube's wonderful artwork has even inspired a song.

Angel Tube have been delighting commuters at Islington with their wonderful thoughts for quite some time. They've now decided to go online.

Angel Tube  Thoughts of the Day go online

Pop along to Thoughts of Angel and you'll see a "website is dedicated to bring you all the “Thoughts Of The Day” and “Quotes Of The Day” from Angel Underground Station.

So stay tune ... for a daily dose of fun, laughter and thoughts!

Don’t forget to comment and follow us on Twitter and Facebook
."

It's very early days for the site, but I'm sure they'd appreciate your follows & Likes!

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Style darling Camilla Belle's fashion




Fashion of Camilla Belle
Style darling Camilla Belle attended the Miu Miu party for Lucrecia Martel's 'Muta' wearing, of course, a full Miu Miu ensemble. She donned a white floral dress, silver glitter pumps and a sweet pink clutch.

Reese Witherspoon fashion




Fashion of Reese Witherspoon
Reese Witherspoon has dressing her 5'2'' frame down to a science. The blond beauty favors strapless dresses with fitted silhouettes to call attention to her trim figure.

fashion by Eva Longoria




Eva Longoria dress fashion
Pint-sized Eva Longoria looks her best in ladylike silhouettes in solid colors.

Kristen Stewart new fashion




Kristen Stewart latest fashion
Kristen Stewart kept it simple at Comic Con in dark denim skinny jeans and a sheer white T-shirt that offered a glimpse of her black bra.

Kelly Bensimon summer fashion




Kelly Bensimon summer chic Fashion
Kelly Bensimon was absolutely summer chic when she was spotted beating the summer heat in New York. She wore a flirty white mini dress paired with nude sandals.

Gorgeous in Gucci

Salma Hayak in Gucci
Gorgeous in Gucci, Salma dresses her curves in fitted, yet tasteful gowns that flaunt her hourglass physique. Salma hayak dress fashion. Do you want to talk about this? Please, go to the comments section below and let your opinion be known to the author and everybody else.

Lady Gaga Fashionable

Fashion of Lady Gaga Fashionable
Gaga wore a latex body suit with harness detailing by House of Etiquette paired with chunky platform boots, a leather cap and gold chain jewelry. Do you want to talk about this? Please, go to the comments section below and let your opinion be known to the author and everybody else.

Freida Pinto was spotted nicely dressed

Freida Pinto dress fashion
Freida Pinto was spotted looking ultra-summery following a Vogue shoot in Malibu. The gorgeous starlet kept her cool in a white Topshop maxi dress with contrasting orange embroidery. Do you want to talk about this? Please, go to the comments section below and let your opinion be known to the author and everybody else.

Emma Roberts in Gold

Emma Roberts attended the star-studded Miu Miu 'Muta' event looking ultra glamorous. She shined in a gold dress with an embellished neckline.
Do you want to talk about this? Please, go to the comments section below and let your opinion be known to the author and everybody else.

Karolina Kurkova in Italy

Karolina Kurkova dress fashion
At the 9th Ishia Film Festival in Italy, Karolina Kurkova showed off her stellar sense of style in a gorgeous silky blue dress by Fendi. Do you want to talk about this? Please, go to the comments section below and let your opinion be known to the author and everybody else.

Rosie in Leather

Rosie in Leather dress
At a press conference in Japan, Rosie looked stunning in a leather dress by Marios Schwab. Do you want to talk about this? Please, go to the comments section below and let your opinion be known to the author and everybody else.

Fashion by Carey Mulligan

Carey Mulligan 2012 dress fashion
Fashion of Carey Mulligan.
An adorable Carey Mulligan hopped on the colorblock trend during Comic-Con in a lovely Roksanda Illincic 2012 cutout dress. Do you want to talk about this? Please, go to the comments section below and let your opinion be known to the author and everybody else.

Saturday, July 23, 2011

Dress fashion of Tori

Tori Spelling is definitely ready to pop, and that is in no way stopping her from wearing a periwinkle jumpsuit.
Do you want to talk about this? Please, go to the comments section below and let your opinion be known to the author and everybody else.

Demi Lovato new shirt

Demi Lovato new shirt
Disney star-turned-singer Demi Lovato sent out a clear message to whoever was reading her shirt.
Disney star-turned-singer Demi Lovato dress fashion
New dress fashion of Disney star-turned-singer Demi Lovato
Do you want to talk about this? Please, go to the comments section below and let your opinion be known to the author and everybody else.

Dakota Fanning new hairstyle

Dakota Fanning new hairstyle
Dakota Fanning debuted a pixie cut on the set of Now Is Good, but it's actually not a cut at all – she's just wearing a really convincing wig.
Latest hairstyle by Dakota Fanning
Dakota Fanning latest hairstyle
Dakota Fanning wig
New wig of Dakota Fanning

Do you want to talk about this? Please, go to the comments section below and let your opinion be known to the author and everybody else.

Catherine Zeta-Jones and Michael Douglas fashion

Catherine Zeta-Jones and Michael Douglas fashion
Catherine Zeta-Jones and Michael Douglas dressing
Latest dress fashion of Catherine Zeta-Jones and Michael Douglas
Fashion by Catherine Zeta-Jones and Michael Douglas
Do you want to talk about this? Please, go to the comments section below and let your opinion be known to the author and everybody else.

Muma Gee to wed in November

It will be recalled that the singer got engaged to her actor boyfriend not too long ago in a traditional way. They are both set to have the big one, their white wedding, come November 18, at the Recovery House, Port Harcourt International Church. Here is wishing them the best in life.

Singer Ashionye shows off son


Pix tnx to: chilee

High Society Magazine reports...

Friday, July 22, 2011

Domestic violence: I could have been butchered …Monalisa

Building the Victoria Line in the 1960's

Fascinating film from the archives of Halcrow of a British Transport film detailing the construction of the "new" Victoria Line in the early 1960's. Halcrow designed the Docklands extension to Woolwich Arsenal. "This film, Report Number 1 Over and Under, Operations at Oxford Circus, describes the route of the new line, the planning and the problems that had to be overcome from 1962-64."

Oxford Circus Tube in the Early 1960s

Interesting to see that some overcrowding issues never change!

Oxford Circus Tube 2011

We certainly didn't have it quite as bad as those people in the sixties.

Andy, who works for Halcrow, and sent me the link to the film said "It mostly concerns the rebuilding of Oxford Circus Tube station, including the installation of the steel "Umbrella" bridge to carry traffic as the works went on underneath. Featuring arm waving surveyors typical August Bank holiday weather and a topless miner drinking from a bucket.":

Engineer at Oxford Circus Tube July 1962


Arm Waving Engineer 1962

I love how the finishing of the works had to be completed over one Bank Holiday weekend and you can really tell the sense of pride in the commentators voice that the deadline was met.

"Everyone knew what they had to do and got about doing it". "The bolts slotted together, first time of asking".

Cavendish Square July 1963

There's great footage of the workers boring through the London clay which the commentator said was "ideal for the new Tube railway".

More tunnelling at Cavendish Square 1963

As Andy says the shot towards the end with the shirtless working drinking from a fire bucket shows how hard all these guys worked to ensure the project was completed on time.

Thirsty Work - 1963 Tube Tunneller

The whole film looks like it was from another age altogether rather than just over 47 years ago. Look out for the old TV cameras and the knotted handkerchiefs on the workers heads. There's also many of those old "cut away diagrams" showing all the tunnels, intersections and how they fitted with the new ticket halls.

Watching it, I had the  weird thought  that my parents might have been, some of the people pictured standing around looking at the work take place, years before I was even a twinkle in the old man's eye!

Thanks again to Andy and to Halcrow for uploading the film on their site.

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Fashion Photography by Sisilia Piring

Sisilia Piring

Beautiful glamour shoots by Sisilia Piring, talented female fashion photographer, who born in Los Angeles but currently based in Chicago.

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