Join Me for a Webinar: Policing and Protecting Copyrights on the Internet

Hello there!

I know long time no hear. I have been so busy working and the time I previously had to update this blog as been next to zero. But I did want to let you guys know that I am co-presenting a very timely and informative Webinar entitled, "Policing and Protecting Copyrights on the Internet." My co-presenter and I will share information on the following:

1. Unprecedented theories of secondary liability that seek to hold banks, credit card companies, advertisers and search engines liable for copyright infringement—even if the underlying infringement is based on user-generated or unrelated third party content.

2. Battles over the meaning of "display" under 17 U.S.C. sec. 106 in the Internet context.

3. Fair use as a doctrine, an affirmative defense or a substantive limit on the scope of a copyright-holder's right to exclude.

4. Technological solutions to copyright infringement and the rise of digital rights management.

I will specifically discuss the Fair Use exception to the Copyright law. I will also discuss Digital Rights Management (DRM) software and open source software as it relates to copyright infringement and protection. I am thrilled to share my knowledge on these pressing issues.

If you are interested in listening in on this Webinar, the host company, Strafford Publishing is offering a 50% discount to all of my colleagues, readers, and affiliates. Simply click the following link to register: https://www.straffordpub.com/store/cart

I hope you can attend!

Playboy Sues Artist Drake, Cash Money and Universal Music for Copyright Infringement

Drake, Cash Money, and Universal Music Group are currently being sued by Playboy Enterprises for copyright infringement. Playboy Enterprises claims Drake used a sample of their copyright protected song "Fallin' in Love" by Hamilton, Joe Frank, and Dennis/Reynoldstown in the beginning of the hit "The Best I Ever Had," without their express permission. I actually listened to "Fallin' in Love" and "The Best I Ever Had" and the tracks are very similar. You can listen to both songs here.

If Playboy's claims prove to be true, someone on Drake's team failed to properly receive clearance from Playboy to use the song. As I previously discussed on this blog, the process of clearing a song can be difficult. Usually, the producer or production team will use a sample of a song before it is actually cleared. Producers are not actually thinking about clearing songs while caught up in the creative process. The producer's legal team, agent or manager will contact the publisher or copyright owner to get permission to use the sample. However, getting clearance to use a song can take a while. Sometimes it takes months before there is a return call from the publisher or copyright owner. Also, there can be a break in negotiations regarding royalty payments. The publisher or copyright owner may demand royalty payments that the producer is not willing to pay. Or the copyright owner can simply refuse to allow the producer or artist to use the song. This happens often and can be very frustrating for artists.

As I previously discussed here on Black Web 2.0, a copyright owner can receive between $750 and $30,0000 per instance of copying against a defendant for copyright infringement. If the copyright owner can prove that the infringement was willful, i.e., the infringer had knowledge that the activity (copying) constituted infringement or recklessly disregarded the possibility of infringement, then the copyright owner can receive $150,000 per instance of copying. Playboy is claiming Drake and company willfully committed copyright infringement and are asking the court for an accounting of all of the profits Drake, Cash Money and Universal Music Group have made from the song. They are also requesting an injunction to stop the defendants from further playing or selling the song.

It is much easier to just ask permission.

The Do's and Don'ts of Twitter!

Hello Everyone:

Here is a copy of an article I posted on Black Web 2.0 regarding legal pitfalls Twitters find themselves in using Twitter.

Let me know what you think.


In light of the recent Library of Congress archive of all of our “tweets”, Twitterers need to be more cautious and cognizant of what they discuss or tweet on Twitter. Now most of us keep it simple and don’t engage in legal pitfalls such as defamation, terrorist threats, pornography, disclosure of private information, or intellectual property infringement. However there are others that treat Twitter like the wild wild west of social media networks. Defamation, pornography, and threats of Presidential assassination are rampant. There have been lawsuits filed and legal action taken against Twitters who engage in this type of behavior.

When using any social media network, anything you say or promote, good or bad is forever in cyberspace waiting to reward or punish you. And now that the federal government via the Library of Congress has all of our tweets, we should be more cautious and strategic about what we say on Twitter. Here is a list of Twitter dos and don’ts to assist Twitterers in avoiding legal liability or jail time.

1. Don’t threaten to kill the President or anyone else for that matter. Terrorist threats are a felony crime and you will go to jail.

2. Don’t engage in conversations or make statements about a person’s character or reputation unless they are 100% true, already known to the public, and are made for news reporting purposes and not to maliciously ruin a person’s reputation. Translation: Stop the Twitter fights!

3. Sending links to porn sites and posting porn is never a good idea. Links could potentially link to child porn sites and child pornography is a federal crime.

4. Although Twitter does not claim in ownership in Twitter’s content which may include intellectual property, other Twitter users may infringe or use your content for their own purposes. If you are tweeting copyright material, please do put a © sign behind the tweets to put others on notice of your ownership. This includes original thoughts, quotes, phrases, ideas, pictures, etc.

5. Never discuss company trade secrets or reveal your own private identifying information on Twitter.

Remember when using Twitter or any other social network, use common sense. Don’t engage in behavior that can cost you your freedom, job, or family.