5 Bridges Law attorney representing creatives. California & New York. Trademark and Copyright. Not tweeting until Musk is gone.
https://t.co/fxa2Irb5kG
Jul 20, 2022 • 13 tweets • 2 min read
This is a good question about sending copyright notices of termination on the last possible day and if there's a benefit. The quick is answer "I don't think so" but I made promises promises to explain in more detail.
1. Effective date of termination. That's a five year period beginning 35 years from the grant, or 35 years from publication.
2. The period to give notice, which is between two to ten years before the effective date of termination.
Jul 20, 2022 • 8 tweets • 2 min read
I got the Naked Eyes complaint from PACER. You're welcome.
Naked Eyes band members Peter Byrne and Bob Fisher's heir served their termination notice on Reservoir Media Management, the current copyright holder. They originally assigned their copyright in their copyrights to EMI.
Jul 19, 2022 • 8 tweets • 1 min read
I've seen discussion this week about TikTok paying a flat fee for music, and not revenue sharing or paying per view. I have a few comments, no legalese.
TikTok is pretty bad for promoting music. I'm surprised anyone thinks otherwise.
Aug 14, 2021 • 5 tweets • 1 min read
It used to be that "this song kinda sounds like that song song" wasn't going to be enough for copyright infringement. But these days the lines are blurred. Magistrate judge recommends that complaint over Nickelback's "Rock Star" not be dismissed. documentcloud.org/documents/2104…
The plaintiff claims Nickelback had access to his song because he sent a demo to the record label.
Aug 12, 2021 • 30 tweets • 5 min read
1. This is the thread about copyright and embedding photos from third party servers, and how the so-called “server rule” has been addressed by the courts. About 30 tweets.
2. I’ve written before about embeds and copyright issues, and the numerous issues involved.
1. A little bit about joint authorship in copyright. Part 1 in a series. About 35 tweets, which is not enough to discuss the issues and nuances. As always, assume asterisks everywhere.
2. Joint authorship is where more than person owns the same copyrighted work.
Feb 22, 2021 • 4 tweets • 1 min read
Here's a good article on "you stole my script" lawsuits.
It focuses on idea theft and California's "implied contract" theory that sometimes protects screenwriters making pitches. But usually doesn't.
There are ways to protect ideas by *express* contracts. That's a nondisclosure agreement. They're accepted in many industries. But Big Hollywood probably isn't going to sign yours.
Dec 7, 2020 • 15 tweets • 2 min read
1. A brief bit about copyright termination rights. Specifically, when can you terminate and get your copyrights back?
15 tweets.
2. We say that 35 years after you’ve assigned a copyright, you can terminate the assignment and get your copyrights back. Of course, it’s a little more complicated than that.
Nov 30, 2020 • 11 tweets • 2 min read
Mike, I litigate and I can confirm that Rule of Evidence 404(b) has nothing to do with the point they're trying to make.
They're relying on an exception to a rule that would otherwise prohibit certain evidence from being used against a witness. But that rule doesn't even apply to the point they are trying to make.
Nov 18, 2020 • 22 tweets • 4 min read
1. I’m going to talk a little bit about the Instagram copyright infringement lawsuits. That is, not lawsuits vs. Instagram, but lawsuits by photographers against other people who embed their Instagram photos. A brief thread. About 22 tweets.
2. There have been numerous copyright infringement lawsuits against websites that embed photos from Instagram, including this one:
Thoughts on Sinclair v. Ziff Davis, which held that Mashable had a third-party license from Instagram to embed plaintiff's photograph on its website. #copyright
Read carefully.
The distinction between embedding a photograph or copying and pasting it comes into play, but for different reasons than Goldman v. Breitbart.
Goldman v. Breitbart isn't the decision to compare this to. Another one is.
Jul 15, 2019 • 17 tweets • 3 min read
1. In light of this recent suggestion, I'm going to go over some basic principles about copyright law, "master" recordings, musical works, and recording contracts.
Note: assume ever tweet below has asterisks because there are almost always complications and exceptions.
2. When we talk about control of the "masters" we really mean two different things:
The tangible, physical master recordings, from which all later copies are made - and -
The copyright in the sound recordings, or the performance of those songs.
Apr 18, 2019 • 6 tweets • 2 min read
On the subject of taking photos from the internet and using it for your own website without a license: jury found website owner liable and awarded $150,000 statutory damages per photo infringement. That's $450,000 total.
The Ninth Circuit is kicking it back because of an erroneous instruction on "willful" infringement. Judge wrongly allowed a "should have known" standard. So, on remand, the most the statutory damages can be is $90,000, which is still a lot.
Mar 7, 2019 • 84 tweets • 15 min read
1)As promised, here’s a thread scratching the surface on sound recording copyrights, termination rights under the Copyright Act, and authorship. Appearances by Jay Z, KRS-One, and Sheryl Crow.
2) Before 1972, sound recordings weren’t protected by U.S. copyright. Copyright extended to the musical work (the composition), but not the performer.
