ARTICLE
18 February 2016

Copyright, Content, And Platforms – This Week's Odds And Ends

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BakerHostetler

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Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
A Nebraska court explained that the Copyright Act's statute of limitations does not excuse a copyright holder's two-month delay in researching potential infringement.
United States Intellectual Property
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Copyrights in Tattoos? Can tattoos be copyrighted? That will be the central question in a new lawsuit filed by Solid Oak Sketches, which brought a copyright infringement claim against Take Two Interactive. According to the lawsuit, Solid Oak owns the copyrights to many of the tattoos visible in the NBA 2K14, NBA 2K15, and NBA 2K16 video games, including a crown with butterflies on Kobe Bryant's right bicep and a 330 area code and a child portrait on Lebron James's arms. Neither the National Basketball Association nor the players are parties to the suit.

Copyright Act's Statute of Limitations. A Nebraska court explained that the Copyright Act's statute of limitations does not excuse a copyright holder's two-month delay in researching potential infringement. The copyright owner printed out the web-site containing the alleged infringement in February 2010, but did not complete its investigation until April 2010 because it did not "have time." According to the decision in Design Basics, LLC v. Carhart Lumber Company, the clock starts running for a copyright holder to bring a claim against a purported infringer when he knows of the claim; here that was February 2010, and the decision to bring the action in April 2013 resulted in the Copyright Act's statute of limitations period running out.

Big Pimpin' Copyright Infringement Claim Dismissed. A California federal judge entered a final judgment explaining that a suit accusing rapper Jay Z of copyright infringement with his hit song Big Pimpin' lacked merit.

Rock Legends Deposed. The surviving members of Led Zeppelin –  Robert Plant, Jimmy Page, and John Paul – were each deposed in connection with a copyright suit alleging that their classic Stairway to Heaven infringes the song Taurus by the musical group Spirit, with whom Led Zeppelin toured in 1968 and 1969. An analysis of the case can be found here.

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