Morris v. Young (CD Cal. 2013) – copyright and fair use

posted on February 15th, 2013

The Entertainment, Art, and Sports Law section of the New York State Bar Association has posted an article about Morris v. Young, a copyright matter involving issues related to “transformative use” and “fair use.” Click here for the full text of the decision. The district court granted partial summary judgment in favor of the plaintiff, but denied summary judgment in part because a reasonable trier of fact could find that one of the three works at issue could be considered fair use.

Dennis Morris published two books on the Sex Pistols:
Never Mind the B*ll*cks: A Photographic Record of the Sex Pistols Tour and
Destroy: A Photographic Archive of the Sex Pistols 1977

The photographs that are the subject of this lawsuit portray performances by Sid Vicious and Johnny Rotten.

Russell Young created the following variations of Dennis Morris’s Sex Pistol photos:
- “Sex Pistols in Red” – “cropped slightly to more closely frame the subjects and tinted in a deep red color.”
- “Sex Pistols” – “depicts the Subject Photograph, printed using black enamel on an acrylic background.” Young “altered the colors and shades, deepened the contrast between the black and white portions of the image, and added ‘grittiness’ to the image by printing it in black enamel on an acrylic background.”
- “White Riot + Sex Pistols” – two images of the photograph side-by-side, “with a Union Pacific logo and the words “White Riot” and red stars graffitied atop the images.”

The court denied summary judgment for the “White Riot + Sex Pistols” piece, finding that it “bears certain aesthetic characteristics that raise the question of transformation, and, by extension, fair use.”

“[U]nlike the other two Accused Works, ‘White Riot + Sex Pistols’ incorporates images beyond the band itself and arranges them such that the composition may convey a new message, meaning, or purpose beyond that of the Subject Photograph.”

Citing the Supreme Court’s decision in Campbell v. Acuff-Rose Music Inc., 510 U.S. 569 (1994), the court held there were issues of fact “as to whether the work does more than ‘merely supersede the objects of the original creation,’ and therefore a trier of fact may reasonably deem it transformative. Campbell, 510 U.S. at 579. The transformative character of a work bears upon the weight and meaning of the other fair use factors.”

[And just for kicks: Sex Pistols - Never Mind the Bollocks (1977)]


posted in 2009 | No Comments »

Heraty Law anniversary & benefit raffle for WAM!

posted on September 17th, 2012

Heraty Law is celebrating its 10th anniversary by hosting a “pick a prize” raffle for the benefit of Women, Action & the Media (aka WAM!). The event is being produced by Emily Cavalier of Mouth of the Border/Midnight Brunch.

The anniversary party/benefit raffle will be held on September 24, 2012, at Chef Paul Gerard‘s new restaurant, Exchange Alley, in the East Village.

You are invited! You must be on the guest list to attend the party.
To RSVP, please click here.

The following items will be raffled off at the party on September 24th:

1. Riverpark gift certificate: $400 (dinner for four, gratuity not included)

2. Molly Crabapple print: “The Hanged Man”
19″x13″, signed, limited edition giclee archival print #16/20

3. Bing Bang/Anna Sheffield “Victory” cuff:
Brass and oxidized silver plate cuff engraved “Victory”

4. Todd James (REAS): “I Yam What I Yam”
Original lithograph 100 x 70 cm
Printed on 300 g Velin d´Arches paper
50 ex. numbered and signed by the artist

5. Baratunde Thurston, “How to Be Black” pack:
- signed, hardcover copy of New York Times best-seller “How to Be Black
- “How to Be Black” hoody & t-shirt
- official “Black Card”

6. Steve Ellis print: “Big Candy Apple”
24″x 24″, silkscreen, framed

7. Women’s Flat Track Derby Association (WFTDA): two VIP 3-day passes to WFTDA championships in Atlanta GA – November 2-4, 2012.

8. Molly Crabapple print: “Valentine’s Day (mermaid)”
9 3/8″ x 11″, signed, limited edition, deep red & shimmering gold inks #14/15

9. Bing Bang/Anna Sheffield Witches Heart necklace:
large pendant hung on a long chain amidst BB’s signature mixed metal lures and charms, includes functional locket charm

10. Molly Crabapple swag bag:
- Scarlett Takes Manhattan by Molly Crabapple & John Leavitt
- Dr. Sketchy’s Rainy Day Colouring Book by Molly Crabapple & John Leavitt
- Molly Crabapple t-shirt
- SXSW 2011 interactive bag, illustrated by Molly Crabapple


11. Bardstown Barrel Selections:

1 bottle Orange V Vodka
1 bottle Redemption Rye
1 Bottle Redemption High Rye Bourbon
1 Bottle Temptation Bourbon
1 Bottle Riverboat Rye

12. Jaclyn Friedman, author of What You Really Really Want: The Smart Girl’s Shame-Free Guide to Sex and Safety, and host of the podcast Fucking While Feminist: 1 hour sex or relationship advice consult


posted in 2012, Anna Sheffield, Baratunde, Bing Bang, Jaclyn Friedman, Molly Crabapple, REAS, Redemption Rye, Steve Ellis, WAM!, WFTDA, clients | No Comments »

look at all these Occupy trademark registration applications

posted on August 23rd, 2012

Click on “TARR” link for more info (most of the other links will bring you to a USPTO error page).

1 85707330 OCCUPY YOUR LEGAL RIGHTS TARR LIVE
2 85704543 SWATCH OCCUPY YOUR WRIST TARR LIVE
3 85473351 OCCUPY THE DANCE FLOOR AND MOVE SOMETHING TARR LIVE
4 85467095 OCCUPY APPAREL TARR LIVE
5 85673849 OCCUPY WORLD LEADER TARR LIVE
6 85505068 OCCUPY TARR LIVE
7 85648244 OR TARR LIVE
8 85638943 OCCUPYROMANCE DATING FOR THE 99 PERCENT TARR LIVE
9 85493889 OCCUPY EVERY-WEAR TARR LIVE
10 85479007 OCCUPY ANY WEAR TARR LIVE
11 85504030 OCCUPY LOVE: LA TARR LIVE
12 85597585 OCCUPY HEALTH ROOMS TARR LIVE
13 85594367 OCCUPYREDSKINSPARK TARR LIVE
14 85592975 OCCUPY VS. TEA PARTY TARR LIVE
15 85544264 OCCUPY HOPE TARR LIVE
16 85585557 OCCUPY A PEW TARR LIVE
17 85475198 OCCUPY THE OUTDOORS TARR LIVE
18 85557384 OCCUPY SPECIAL EDUCATION TARR LIVE
19 85556805 OCCUPY THE 1 PERCENT TARR LIVE
20 85541069 OCCUPY BALL STREET TARR LIVE
21 85534301 OCCUPY OUR BOOBS TARR LIVE
22 85516155 OCCUPY NATURE TARR LIVE
23 85513504 OCCUPY YOUR…SKINNY JEANS. TARR LIVE
24 85513390 OCCUPY MUSIC TARR LIVE
25 85512282 OCCUPYDOTCOM TARR LIVE
26 85512140 OCCUPY DOG STREET TARR LIVE
27 85505411 OCCUPY THE ALTAR TARR LIVE
28 85504528 OCCUPY YOUR TAX REFUND TARR LIVE
29 85503818 OCCUPY CONGRESS TARR LIVE
30 85503601 WWW.DEOCCUPY.COM TARR LIVE
31 85489379 OCCUPY.COM TARR LIVE
32 85486618 OCCUPY THE CAGE TARR LIVE
33 85486091 OCCUPY THIS TARR LIVE
34 85484212 OCCUPY BLACKBERRY TARR LIVE
35 85481487 #OCCUPYGYM TARR LIVE
36 85482404 OCCUPY USA TARR LIVE
37 85482358 OCCUPY FAMILY TARR LIVE
38 85482322 OCCUPY LIFE TARR LIVE
39 85479450 OCCUPY HIP HOP TARR LIVE
40 85478563 OCCUPY LOS ANGELES TARR LIVE
41 85477659 OCCUPY AMERICA TARR LIVE
42 85467807 OCCUPY LAS VEGAS TARR LIVE
43 85466330 OCCUPY TOGETHER TARR LIVE
44 85466305 OCCUPY UNITED TARR LIVE
45 85465910 OCCUPY AS ONE TARR LIVE
46 85464991 OCCUPY LA TARR LIVE
47 85462924 OCCUPY TARR LIVE
48 85449710 OCCUPY WALL ST. TARR DEAD
49 85459651 OCCUPY LAMBEAU CAMP RANDALL WATER STREET KK STATE STREET PACKARD
AVENUE RUSH STREET
TARR LIVE
50 85458910 OCCUPY TARR LIVE
51 85458886 OCCUPY TARR LIVE
52 85454550 OCCUPY WALL STREET TARR LIVE
53 85454831 OCCUPY WALL STREET TARR LIVE
54 85453994 OCCUPY TARR LIVE
55 85450872 EVERY WHERE I GO I OCCUPY TARR LIVE
56 85440738 OCCUPY D.C. 2012 TARR LIVE
57 78025885 2624984 OCCUPY THE LAND TARR DEAD
58 77837218 OCCUSPECT TARR DEAD
59 77602884 3868064 OCCUPEDIA TARR LIVE
60 76712046 OCCUPY YOUR DREAMS OYD AND MAKE IT VIRAL TARR LIVE
61 76709750 OCCUPY TARR LIVE

posted in 2012 | No Comments »

Strategy

posted on August 14th, 2012

“If your strategy doesn’t address these aspects of the challenge at hand in some way – 1) where you are now, 2) where you want to end up, 3) what stands in between, 4) a chosen approach, and 5) a specific course of action – then you don’t really have a strategy.”

What Is Strategy? by Mike Arauzundercurrent.comon Findings


posted in 2012 | No Comments »

misleading solicitations – California corporations

posted on June 26th, 2012

We received this alert from the California Secretary of State, Business Programs Division:

Secretary of State
Business Programs Division
1500 11th Street
Sacramento, CA 95814
(916) 657-5448 www.sos.ca.gov

Customer Alert Regarding Misleading Solicitations

The Secretary of State’s office has been advised that solicitation letters are being sent to California businesses encouraging them to comply with their California Corporations Code filing obligations by submitting fees and documents to a third party rather than by filing directly with the Secretary of State’s office.

These solicitations are not being made by the California Secretary of State’s office and are not being made by or on behalf of any governmental entity.

The solicitations request that a fee and a completed form be submitted in order for the business to comply with applicable California or other law. The solicitations tend to have one or more of the following characteristics:

•    Appear similar to a Secretary of State Statement of Information form;

•    Contain an official-looking seal;

•    Quote a specific statute or other law on the form to be filled out and returned;

•     Imply that failing to return the form and pay the requested fee may place the entity in legal jeopardy, or might cause the entity’s filings with the California Secretary of State to be in default or non-compliant status;

•     Contain a reference to a “file number,” “Corp Number,” “Corporation Number,” or “Control Number” that does not match the number assigned to the entity by the California Secretary of State;

•     Reference or quote Corporations Code sections inapplicable to the type of entity being solicited, such as Code sections applicable to corporations when soliciting a limited liability company;

•     Reference an “annual fee” or “annual payment” rather than a filing fee and that is in excess of t he filing fee for a Statement of Information;

•     Provide an estimated processing time for “minutes” to be prepared and mailed to the entity;

•     Indicate the submitted information will be treated as private and confidential.

These companies have no affiliation with the California Secretary of State’s office and no business is required to go through another company in order to file its documents with the Secretary of State’s office.

Statement of Information forms and instructions are ·available through our website at www.sos.ca.gov/business/be/statements.htm and the fee required to file the statement is $25 for California stock and foreign corporations, and $20 for California non-profit corporations and all limited liability companies. Also, the Statement of Information can be submitted for filing directly by mail to Secretary of State, Statement of Information Unit, P.O. Box 944230, Sacramento, California 94244-2300, in person (drop off) at 1500 11th Street, Sacramento, California, 95814, or, for most corporations, by using a credit card through the internet at https://businessfilings.sos.ca.gov/.

California businesses in receipt of a solicitation letter that seems misleading or confusing can mail a written complaint along with the entire solicitation (including the solicitation letter, the outer and return envelopes, and all related documents) to the California Attorney General’s office, Public Inquiry Unit, P.O. Box 944255, Sacramento, California 94244-2550. A complaint form, which can be completed online and printed to mail, is available on the California Attorney General’s website at www.ag.ca.gov/consumers/general.php

Please note that submitting the fees and filings required by the Corporations Code to a third party for filing with the Secretary of State, does not meet the business entity’s statutory obligation to file a Statement of Information with the Secretary of State. Also, p lease note that each business entity is required to keep records, books and minutes of its proceedings, however, these items are not filed with the Secretary of State.

CUSTOMER ALERT·SOLICITATIONS (RE V 10/2009)


posted in 2011, 2012, california, corporations | No Comments »
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