Three (3) podcast examples on protecting Intellectual Property
By: Troika K.
Hanna
The
podcast examples that are chosen are giving tips on protecting domain names and
prevention of copyright infringement. Our first podcast example is “Oprah gests
sued for publicizing author’s work.” Podcast Episode 15 (http://www.entertainmentlawupdate.com/page/6/)
The example speaks of global recognized Oprah Winfrey being sued by Charles
Harris, a book author. The copyright infringement is over a booklet Mr. Harris
wrote entitled, How America Elects Her
President. This literary work was granted registration in 2000. In 2008,
Mr. Harris requested Oprah Winfrey to endorse the product on the Oprah Winfrey
Show. In addition, Mr. Harris also mailed 10 copies of the literary work to
Oprah Winfrey. Subsequently, a receipt of arrival of the 10 copies was never
given to Mr. Harris. The filed 2010 court order illustrates that Mr. Harris
wanted Oprah Winfrey to use the literary work in the, at the time, Senator
Obama’s campaign.
“As Ms.
Oprah Winfrey was supporting the then Senator Obama's campaign through her
show--the Oprah Winfrey Show--Mr. Harris considered this a good business
opportunity to widely publicize his booklet, decided to write to Defendants,
and offer to include "How America Elects Her Presidents" in Senator
Obama's campaign.” (2010). http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2010cv05655/393317/13/0.pdf?ts=1293876028
The
podcast states that on February 2009, media mogul Oprah Winfrey, on the Oprah
Winfrey Show, read or dictated questions directly from the booklet How America Elects Her Presidents of
which is registered by Charles Harris. Mr. Harris was not given reference or
credit as the author of the booklet during the discussion on the show. In a
disagreement, the podcast states that the literary work seems to have been used
in a sense of fair use. This position is also what the attorneys defending
Oprah Winfrey are stating. In addition,
there is the discussion that you are not able to plagiarize if you speak
information that is not yours, but there is a copyright infringement if what is
stated is not referenced or credited by the author. This case has not yet been
resolved, but illustrates the importance of receiving a certificate of
registration for literary works. In addition, this podcast example brings to
the attention a very important fact in intellectual property. Always cite,
reference, or give credit to intellectual property that is owned by another.
The
second podcast is regarding a UDRP domain name issue with the franchise chain
Taco Bell. “Taco Bell domain name issue.” Podcast Episode 8 (http://www.entertainmentlawupdate.com/page/8/) It is stated that Taco Bell in an add
campaign used the slogan or trademark name “DriveThruDiet.com.” It is stated
that Yum! Brands, the parent of Taco Bell, purchased a valid registration of
the trademark DriveThruDiet.com. The dispute is that the company Georgia Weight
Loss Center registered a similar trademark name DriveThroughDiet.com. Yum!
Brands, was then pursuing to have the trademark by Georgia Weight Loss Center
assigned over, claiming UDRP bad faith or cybersquatting. But in the podcast
discussion it was stated that Taco Bell had not used the registered trademark
until 2009. In addition, there is not enough evidence that shows Georgia Weight
Loss Center using the trademark DriveThroughDiet.com in bad faith or to
infringe against Yum! Brands (Taco Bell). Both companies are distinctively
dissimilar. In this case, Taco Bell tried to claim that they had first use.
However, Georgia Weight Loss Center registered the trademark
DriveThroughDiet.com in 2007 and Yum! Brand (Taco Bell) acclaimed their
trademark in 2008. Yum! Brands was denied request of transfer and will probably
try to buy out the company for the use of the trademark DriveThroughDiet.com.
The
third and last podcast is on “Photo Credit removal is DMCA breach.” Podcast
Episode 22 (http://www.entertainmentlawupdate.com/page/3/)
The case is between Peter Murphy and Millennium Radio Group, LLC. It is stated
that the photographer, Peter Murphy, took a picture of two guys posing nude at
a radio station for a magazine out of New Jersey. The picture was then taken or
scanned from the magazine by the radio station, altered with the gutter credit
being removed, and then allowed to be altered again by viewers using a photo
image software. This act created a 1202 DMCA breach. A trial judge who
dismissed the case first heard the case and stated it was fair use. However,
the third circuit stated that it was an act of copyright infringement because
of the removal of the gutter credit. It was stated that the gutter credit was
the copyright seal of the photograph. The listed link (http://www.ca3.uscourts.gov/opinarch/102163p.pdf)
gives the summary judgment between Peter Murphy and Millennium Radio Group,
LLC.
The
podcast examples are keen tips and concerns one must take into consideration
when starting a business, registering a domain name, or using intellectual
property. It is very important that credit is given at all times when dealing
with intellectual property. In each of these cases there is an illustration of
how minute or subtle of an alteration to a pre-existing intellectual property
can create a cause infringement or arbitration.
