And that’s why we have experts testify, isn’t it? Because two reasonable lay persons can come to different conclusions about a thing, and that without expert testimony, the issue would be unresolvable? According to the Rules of Evidence Advisory Committee,”[a]n intelligent evaluation of facts is often difficult or impossible without the application of some scientific, technical, or other specialized knowledge."
Read MoreYou remember Blurred Lines right? It was the smash hit single of 2013 that simultaneously launched (for being catchy) and destroyed (for being rapey) Robin Thicke's career. Well, I'm here to report that this utterly forgettable pop song has now has earned an inauspicious spot in our culture because of a surprisingly foreboding jury decision that found against Thicke and his co-writers Pharrell Williams and Clifford "T.I." Harris, Jr.
Read MoreLast year, Forbes broke the story that Wu-Tang Clan was producing a new 31-track double-album called Once Upon A Time in Shaolin. Only one copy of the album would be produced and auctioned off to the highest bidder. According to RZA, the founding member of NY-based rap group, this was done to combat the heavily commoditized world of modern artistic endeavors.
Read MoreThe past few months have seen a lot of really intriguing legal activity from Swift’s people. First she took her music down from Spotify (by far the most popular streaming music service), meaning the only way to get her new album 1989 is to pay for it directly. A few weeks ago she filed for trademark protection of the phrase “this sick beat” because apparently she thinks there’s a lot of money to be made from it. And just last month she started issuing takedown notices to fans who were selling knock-off Swift merch on Etsy.
Read MoreBeing in opposition to one another doesn’t mean you can’t be magnanimous too. It’s that old chestnut about catching more flies with honey than with vinegar. Judges, juries, and lawyers are people too, and the more they hate you, the less likely they’ll sympathize with you, even if you’re the victim. And while, in theory, the legal system should operate free of bias, the reality is that the “system” is made up of people. And like it or not, people are susceptible to all kinds of prejudices, even if we don’t realize it.
Read MoreFor those not in the know, the Poor Man's Copyright is the act of mailing a copy of your work to yourself in a sealed envelope. In transit, the envelope will be date stamped and once received by you, it will remain sealed forevermore, or until its opening is required as part of a copyright infringement lawsuit. The combination of being sealed and date stamped is supposed to act as presumptive evidence that your work supersedes all others, including your infringer, at a rate that’s easy on the credit card.
Read MoreIt’s really really really really really really really hard to avoid infringing on copyrights, even if you’re a big multi-national corporation. Sony should have known better, but there is just so much content out there - visual, musical, and otherwise - and the internet has made it tremendously easy to access all of it instantly and without much forethought.
Read Moreunder current copyright law, Dr. King’s words are treated no differently than a Pitbull/Kesha song. I understand that the King family (who owns the copyrights to the speeches, as well as Dr. King’s life rights) only wants to protect their patriarch’s legacy. But I think Dr. King’s words are too historically significant to be treated like everything else. I argued back then that copyright law should be reformed to create special exemptions protecting works of historic importance.
Read MoreI’ve always admired the usage of social media to rally support and sway public opinion, but mostly as an outsider. I've never advised any of my clients to do it and I think it would be a colossal mistake in all but the most deserving situations.
Read MoreThere's a moment about 40 minutes into the movie Chef that perfectly encapsulates our tortured relationship with privacy in the internet age. Carl Casper, the executive chef of a posh Brentwood bistro is savaged by food critic Ramsey Michel in his latest review. Carl (played by the film's writer and director, Jon Favreau of Swingers and Iron Man fame) loses control and against the advice of his friends, starts a Twitter feud with Michel, resulting in a public meltdown with Carl screaming at Michel in front of a hundred shocked onlookers.
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