3 cases of copyright
Answers
Explanation:
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copyright cases aren’t anywhere near that sexy and a lot of them have a great deal of potential to have a practical impact on copyright in the United States, including very noticeable impacts on end users.
So, now that we’ve had a month to calm down from the Blurred Lines verdict, let’s take the time to briefly look at a few cases that could matter a lot more and could change the way you create, buy, stream, sell and view content.
1. The Raging Bull Case
In the month since the Blurred Lines verdict, this case has been settled. Nonetheless, this case represents a fairly significant shift in thinking regarding the idea of laches and copyright.
The case centers around the movie Raging Bull, which was based on works by Frank Petrella and Jake LaMotta, the film’s subject. When Petrella died his rights to the work went to his daughter, Paula Petrella, who learned of it in 1990. However, she waited until 2009 to file a lawsuit over the film’s continued distribution, alleging that MGM, the film’s distributor, did not have all of the rights to the story.
2. Oracle/Google (or Java/Android) Case
Google LogoIn 2010 Oracle filed a lawsuit against Google claiming that the search giant violated their copyrights and patents in the creation of the Android mobile operating system.
On the copyright side of things, the issue centered around the Java programming language’s application programming interface (API). An API is basically a set of instructions that tell an application how to interact with something else on the computer. Google, wanting to make Android accessible to JAVA developers, copied the Java API though nothing else from the language was copied.
3. ASCAP/BMI Consent Decrees
ASCAP LogoIn 1941 the Department of Justice (DOJ) settled a lawsuit against the American Society of Composers, Authors and Publishers (ASCAP), a performing rights organization (PRO) that oversees royalties collected regarding performances of a musical composition. That settlement resulted in a consent decree that places strong restrictions on how ASCAP could operate and created a rate court system to settle royalty disputes.
A similar consent decree was signed by Broadcast Music Inc. (BMI) in 1964, bringing both of the largest PROs under a very similar structure.
While I’ve discussed these consent decrees in greater detail here, they’ve come under fire in recent years as publishers have sought greater flexibility to negotiate royalties with streaming music services, including Pandora. The DOJ is now said to be reviewing those consent decrees with an eye on granting publishers many of their wishes.
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