The Entertainment Law Reporter (ELR) is a monthly journal covering the legal aspects (patents, copyrights, trademarks, contracts, etc.) of the entertainment industry: movies, music, broadcasting, theater, publishing, art, multimedia and sports. The publication provides brief summaries of U.S. and foreign government activities and court cases, as well as a list of new journal articles dealing with entertainment law.

The Entertainment Law Reporter is published by Lionel Sobel, a noted entertainment and intellectual property lawyer based in Santa Monica. He is currently a Professor of Law at Southwestern University School of Law located in Los Angeles. He is author of Professional Sports and the Law, and co-editor of The Law & Business of the Entertainment Industries.

The annual subscription fee for ELR is $225. A CDROM with the fulltext of all previous issues dating back to 1978 is available for $300. What follows are titles to some of the reviews from issues of ELR published in 2002. For more information, check out the ELR Web site.

May 2006

• Book publisher's reproduction of Grateful Dead concert posters in Grateful Dead biography is fair use, appeals court affirms
• Federal anti-bootlegging statute is constitutional, after all, federal District Court rules - after reconsideration - in case filed by KISS against distributor of DVD of 1976 KISS concert performance
• Penn & Teller did not defame religious group members on Showtime TV program, despite criticizing their belief that Creationism should be taught in public schools

April 2006

• "The Da Vinci Code" does not infringe copyright to non-fiction book, "Holy Blood, Holy Grail", British court rules
• Movie "Billy Elliot" did not infringe copyright to screenplay "The Sunday Hat"
• Downloading from Kazaa is not a fair use, Court of Appeals rules
• Enforcement of violent video game statutes in Michigan, Illinois and California all enjoined, on First Amendment grounds

February 2006

• Google's thumbnail images, but not its framed full-size images, likely infringe Perfect 10's copyrights to photos of nudes
• Google did not infringe copyrights by caching literary works posted on free website
• Ludacris denied summary judgment in case alleging his song "Stand Up" infringes copyright to song "Straight Like That" by rap group It's Only Family
• Copyright Office issues report on Orphan Works recommending amendments to infringement remedies

November 2005

• Japanese P2P file-sharing service infringes music copyrights, Tokyo High Court affirms
• Sony Music did not infringe copyrights of co-author of songs by The Isley Brothers, because company was licensed by other co-authors
• FCC did not have authority to adopt Broadcast Flag Order, requiring digital TVs to recognize and give effect to broadcast flags, federal Court of Appeals decides

October 2005

• Publisher did not infringe copyright by publishing photos of Marilyn Monroe in book "Blonde Heat"
• Congress had authority to restore copyright protection to foreign works in public domain in U.S., federal courts rule in two separate cases
• Virtual Technologies' "PGA Golf Tour" video game does not infringe copyright or trade dress of Incredible Technologies' "Golden Tee" video game, federal Court of Appeals affirms
• South Carolina's attempt to prohibit dissemination of obscene material to minors via Internet violates First Amendment and Commerce Clause

September 2005

• Popular R&B singing group SWV's hit song "You're the One" did not infringe copyright in song "You're the One (For Me)", federal appeals court affirms
• British producers of television show "Wife Swap" may pursue copyright but not trade dress claims against Fox Broadcasting, complaining that Fox's "Trading Spouses" infringes, federal District Court rules
• Punitive damages not available under Copyright Act, federal District Court in Florida rules in case alleging advertising jingle infringed copyright to song "Here Today, Gone Tomorrow"

August 2005

• Insurance companies must pay defense costs incurred by Taco Bell in idea-submission lawsuit based on its use of "Psycho Chihuahua" in TV commercial, appellate court affirms
• After DreamWorks won a dismissal of copyright infringement claim over the movie "Evolution", District Court ruled it was entitled to attorneys' fees because there was a "strong need to deter and compensate for" frivolous lawsuits
• Creator of "karaoke" recordings of previously recorded hits can't sue for copyright infringement because it did not have license to use underlying musical compositions, federal Court of Appeals affirms

July 2005

• Sonny Bono Copyright Term Extension Act, Copyright Renewal Act, and Berne Convention Implementation Act are not unconstitutional because Congress had rational basis for enacting them
• Eddie Murphy and Fox Broadcasting must defend copyright infringement claim alleging animated series "The PJs" was copied from documentary film
• Allegedly defamatory lyrics performed by fund legend George Clinton and rapper Warren G were "rhetorical hyperbole", federal Court of Appeals rules in an opinion affirming dismissal

June 2005

• Appeals court affirms dismissal of idea submission lawsuit filed against Fox and FremantleMedia by producer who claims he developed "American Idol"
• Elizabeth Taylor wins dismissal of case seeking possession of Van Gogh painting she bought in 1963 Sothebay's auction, filed by heirs of painting's former owner from whom it was stolen by Nazis
• "March Madness" is protectable trademark that was infringed by operator of website whose domain name "marchmadness.com" was registered in bad faith, federal appeals court affirms

May 2005

• Federal anti-bootlegging statute is unconstitutional, federal District Court rules in case filed by KISS against distributor of DVD of 1976 KISS concert performance
• "Back That Azz Up" by rap artist Juvenile did not infringe copyright to "Back That Ass Up"
• DreamWorks defeats copyright infringement claim alleging "Antz" was copied from script titled "Eddie the Existential Ant"
• Mexican film production companies own restored U.S. copyrights to Mexican movies that once were in public domain in U.S., federal appellate court agrees in case involving ownership of restored copyrights to Cantinflas movies

March 2005

• Appeals court affirms summary judgment in favor of David Chase, creator of "The Sopranos", in idea submission case brought by New Jersey attorney, because alleged contract was too vague to be enforced, ideas were not novel, and quasi-contract claim was barred by statute of limitations
• Jury awards JamSports $90 million in case alleging Clear Channel interfered with JamSports' contract to produce motorcycle Supercross series, after District Court denied Clear Channel's pre-trial motion for summary judgment
• Photographers win copyright injunction against Brooklyn Music's unlicensed use of their photograph on "Digital Empire" CD, but recover only $27,000 in damages rather than $1.5 million they requested

February 2005

• FTC denies request for guidelines requiring disclosure of product placements in television programs
• Miramax movie "Rounders" did not infringe copyright to screenplay "The Shell Game"; New Line wins dismissal of suit asserting that its Adam Sandler film "Little Nicky" infringed former hockey player's poem and screenplay "The Keeper"
• Michigan statute regulating display of sexually explicit material is constitutional, federal District Court rules in case filed by bookstores and publishing industry associations
• Beanie Babies maker Ty Inc. wins summary judgment in copyright infringement case, because publisher of Beanie Babies collectors' guide copied more than allowed by fair use doctrine

January 2005

• Punitive damages may be available for copyright infringement, federal judge rules in suit by photographer Andrea Blanch against artist Jeff Koons
• Videogame-maker Blizzard Entertainment wins summary judgment on contract and DMCA anti-circumvention claims against computer programmers and ISP who created and distributed a hacked version of Blizzard's multiplayer network
• DC Comics, owner of Superman character, owns a valid trademark in term "Kryptonite", federal District Court rules in trademark infringement and dilution lawsuit against manufacturer of "Kryptonite" bicycle locks and accessories

December 2004

• Lawsuit alleging that Mariah Carey's "Thank God I Found You" infringes copyright to "One of Those Love Songs" should not have been dismissed without trial, Court of Appeals decides, because musicologist's conclusion that songs are "substantially similar" raised issue for jury to decide.
• Dismissal of $30 million idea-submission case against Michael Eisner, Michael Ovitz and Disney is affirmed by federal appeals court.
• Marketing agent for toy inventor loses idea-submission case against Hasbro, because agent failed to refute Hasbro's evidence that its water gun was independently created.
• Court refuses radio station owner's plea to reduce jury award of $1.2 million to SESAC on account of broadcasts of SESAC songs without public performance license.
• No likelihood of consumer confusion between new music record label "sTRANGEmUSIC" and hip-hop label "Strange Music", so court denies request for preliminary injunction.

November 2004

• Appellate court affirms dismissal of right of publicity lawsuit filed in California by Arnold Schwarzenegger against Ohio car dealership that used his photo in newspaper ads without permission, because California court lacked personal jurisdiction over dealership.
• Sony wins dismissal of infringement suit complaining that Ghostface Killah's rap recording "The Forest" infringed copyright to "Wonderful World"; court concludes that copied verse was fair use parody.
• Website not a direct infringer, even though subscribers posted unlicensed copyrighted photos to site, and even though website did not satisfy all requirements for DMCA's "safe harbor" exemption, federal appellate court rules.
• Mannequin head depicting "hungry look" high-fashion runway model is protected by copyright, after all, federal appellate court rules.

October 2004

• California makes it a crime to disseminate recordings, movies, TV programs and electronic games over the Internet, without disclosing sender's email address and titles of disseminated works.
• CBS miniseries "Blonde" about Marilyn Monroe is not substantially similar to play "Marilyn Dances", and thus did not infringe play's copyright, federal District Court rules.
• Penguin Putnam wins reversal of judgment that its book of Dorothy Parker poems infringes compilation copyright to Stuart Silverstein's book of previously uncollected Dorothy Parker poems; Court of Appeals questions whether Silverstein's selection of poems was sufficiently "creative" to be protected by copyright, and rules that any interest Silverstein may have is too "slight" to be protected by injunction.
• Gibson Guitar's registered trademark for design of "Les Paul single cutaway guitar" is infringed by design of Paul Reed Smith Guitar's "Singlecut" guitar, federal District Court decides.

September 2004

• Sampling is copyright infringement, even if copied portion is de minimis and resulting work is not substantially similar to sampled recording.
• Anti-bootlegging statute is unconstitutional, federal District Court rules in opinion dismissing indictment of record store owner who was accused of selling unauthorized recordings of live performances.
• Mattel's "Barbie" copyright includes doll's eyes, nose and mouth, even if they are "standard or common features", Court of Appeals rules, in infringement case in which Mattel complains that Radio City "Rockettes" doll was copied from Barbie.

August 2004

• Grokster and Morpheus are not vicariously or contributorily liable for copyright infringements committed by P2P users, according to a Ninth Circuit ruling.
• Publication by German magazines of paparazzi photos of Princess Caroline of Monaco invaded her privacy.
• Fox's movie "Jingle All The Way" did not infringe copyright to "Could This Be Christmas" script, appellate court rules in opinion reversing $1.5 million judgment, saying there was no protectable substantial similarity.
• Appeals court affirms Dreamwork's victory in copyright infringement suit alleging movie "The Peacemaker" was copied from works about former Green Beret Keith Idema, because similarities were not "substantial" or not protected by copyright.

July 2004

• Appeals court affirms $9.5 million judgment against Disney and ABC Radio in breach of contract and trade secrets case filed by Children's Broadcasting Corporation, following creation of Radio Disney network
• Flea market owner is liable to record companies for contributory and vicarious copyright infringement, as a result of vendors' sale of pirated and counterfeit recordings, federal District Court rules
• Photograph of New Orleans' French Quarter on foggy morning does not infringe copyright to similar photograph, because they are not "substantially similar", federal District Court rules

June 2004

• Canadian Federal Court rules that peer-to-peer filesharing does not infringe Canadian copyright.
• D.C. and Colorado federal courts express different views on constitutionality of statute that restored copyrights of foreign works that had fallen into public domain in United States
• Fox and FremantleMedia win dismissal of idea submission lawsuit filed by producer who claims he developed "American Idol"
• National Geographic defeats copyright infringement claims made by freelance photographers and journalists, in cases complaining that their works were included in CDROMs and DVDs without their consent.

May 2004

• Music industry agrees with New York Attorney General on procedures for payment of almost $50 million in unclaimed artist and songwriter royalties.
• Photos of Barbie doll in absurd and sexual positions were fair use, and thus did not infringe Matter's copyrights, trademarks or trade dress, federal appellate court affirms.
• Iranian embargo does not prohibit importation of Iranian movies, assignment of Iranian movie copyrights, or payment of royalties to Iranian film producers, Court of Appeals rules in infringement case filed by assignee against unlicensed broadcaster.

April 2004

• Sale of software used to copy CSS-encrypted DVDs is enjoined by two courts in separate cases, because software violates anti-circumvention provisions of DMCA.
• Wham-O fails in bid to restrain Paramount Pictures from using "Slip 'N Slide" toy in scene and advertising for movie "Dickie Roberts: Former Child Star".
• Appellate court affirms dismissal of copyright infringement suit against Britney Spears and Zomba Records, filed by songwriters who claim their lyrics were copied in Spears' recording "What U See"; songwriters failed to show Spears or Zomba had access to songwriters' lyrics before "What U See" was recorded, appellate court agrees.
• "Harry Potter" books and movies do not infringe rights of children's book author Nancy Stouffer, and Stouffer was properly sanctioned and ordered to pay attorney fees of J.K. Rowling, Scholastic and Warner Brothers for making infringement claims in "bad faith", federal appeals court affirms.

March 2004

• Appeals court reinstates Harlan Ellison's contributory copyright infringement claim against AOL, complaining of unauthorized posting of digital copies of his science fiction novels in newsgroup; holds that jury should decide whether AOL is eligible for DMCA's "safe harbor" protection from liability.
• MasterCard "baseball trip" ads do not infringe copyright to "Twins - Now and Forever" documentary, because access was not proved and similarities are not substantial, federal District Court rules.
• Use of clip from public access TV's "The Sandy Kane Blew Comedy" to promote and introduce segment of Comedy Central's "The Daily Show" did not infringe copyright or trademark or defame or violate Sandy Kane's publicity rights.
• Viacom wins dismissal of case alleging that "Rugrats" were based on cartoon characters created by plaintiff; court reprimands plaintiff's lawyer for failing to withdraw, after learning that "Rugrats" pilot was produced before plaintiff submitted copies of his cartoons.

February 2004

• Appellate court reverses dismissal of claim that Disney infringed HyperTV's patents for simultaneous viewing of TV and websites.
• Demand letters sent by DirecTV threatening legal action against suspected signal pirates were protected by Georgia anti-SLAPP statute, federal court decides in opinion dismissing recipients' lawsuit against company and its law firm.
• World Wrestling Entertainment loses lawsuit complaining of Big Dog Sportswear's parodies of "The Rock", "Stone Cold Steve Austin" and the "Undertaker".
• Penthouse wins dismissal of some claims by tennis player Anna Kournikova resulting from publication of partially nude photos of another woman who magazine falsely identified as Kournikova.

January 2004

• Lawsuit by The Coasters and other recording artists claiming ownership of digital rights in recordings made under contracts signed decades ago is dismissed again, because contracts assigned digital rights to record companies.
• Jennifer Lopez wins first two rounds of trademark case alleging that her "Glow by J.Lo" beauty products infringe Glow Industries' trademark.
• Cajun phrases in lyrics of Mystikal's recording "Shake Ya Ass" do not infringe copyright belonging to maker of "Cajun in Your Pocket" device, becauses phrases were not "original".
• Buena Vista Home Entertainment wins copyright infringement suit complaining of Video Pipeline's unauthorized Internet display of clip previews; preliminary injunction affirmed on appeal, and summary judgment granted to Buena Vista.

December 2003

• New Copyright Office rule permits circumvention of access controls to four types of works, including video games in obsolete formats and ebooks whose read-aloud function has been disabled.
• Beastie Boys' recording "Pass the Mic", which included licensed sample from James W. Newton's recording of his composition "Choir", did not infringe copyright to the composition itself, even though composition was not licensed, Court of Appeals agrees, because Beastie Boys used only a de minimis portion of composition.
• Sharman Network's antitrust and copyright misuse counterclaims are dismissed from movie studios and record companies' copyright lawsuit complaining about Kazaa software and website
• "Selection elimination" of elements of public domain design resulted in copyright-protection design, the "near-exact" copy of which was infringing, Court of Appeals holds.

November 2003

• Disney defeats Caterpillar's request for restraining order that would have blocked release of "George of the Jungle 2" video.
• New California statutes make it a crime to record movies in theaters without theater owner's consent.
• Dismissal of infringement suit filed against DC Comics by reader who submitted story idea for Superman comic books is affirmed, because story was unauthorized derivative work and thus not protected by copyright
• Section of Illinois statute prohibiting virtual child pornography is unconstitutional in light of similar Supreme Court decision.

October 2003

• Naxos' sale of restored versions of classical, 1930s-era recordings is legal, federal District Court rules in decision dismissing state-law claims of Capitol Records
• Civil rights activist Rosa Parks is entitled to trial of her Lanham Act and right of publicity claim against LaFace Records and rap group Outkast, complaining about title of Grammy-nominated recording "Rosa Parks", federal appellate court rules
• Ricky Martin's Casa Salsa restaurant did not infringe copyright or trademark of creator of marketing plan for Puerto Rican restaurant, federal District Court rules
• Punitive damages may be awarded in copyright infringement cases, judge held in recently-published decisions in TVT Records versus Def Jam case

September 2003

• FCC rules that "Howard Stern Show" is "bona fide news interview program and thus exempt"
• Mexican film production companies own restored U.S. copyrights to Mexican movies that once were in public domain in U.S., except those movies that are in the public domain in Mexico too, federal appellate court affirms in infringement case filed against U.S. distributors.
• Aspiring TV commercial director cannot claim copyright in spec Jack-in-the-Box commercials submitted to company that then produced similar commercial, because spec commercials were unauthorized derivative works, federal District Court rules.

August 2003

• Spike Lee is awarded preliminary injunction barring Viacom using "Spike TV" as name of network, but case is then settled on terms that allow Viacom to use the name.
• Obscenity provisions of Communications Decency Act may be unconstitutional, three judge court decides.
• Comic books featuring characters named "Johnny and Edgar Autumn" are protected by First Amendment, so right of publicity lawsuit filed by recording artists Johnny and Edgar Winter should have been dismissed, California Supreme Court rules.
• Music clearance firm is awarded more than $64,000 in attorney's fees incurred in successful defense of copyright infringement case filed by Bridgeport Music and Westbound Records.

July 2003

• Federal District Court orders Nancy Stouffer to pay $576,409 in attorneys' fees (in addition to $50,000 in sanctions) on account of her "bad faith" claims that "Harry Potter" books and movies infringed her trademarks.
• Court dismisses infringement, contract and other claims asserted by writers who allege that "The American President" and "The West Wing" were copied from their treatment for movie entitled "The President Elopes"
• Court finds no likelihood of confusion between title of "O The Oprah Magazine" and title of adult fetish magazine "<>"; fetish magazine publisher's trademark infringement suit is dismissed.

June 2003

• British appellate court affirms that fiddler Bobby Valentino was "joint author" of "Young at Heart", and that after song's use in 1993 television commercial made it popular again, he could revoke implied license he gave Bluebels when group recorded the song in 1984 and claim royalties for its subsequent use.
• Supreme Court rules that distributor of video of edited version of public domain television series did not violate Lanham Act by failing to credit Twentieth Century Fox as series' creator.
• Appellate court affirms dismissal of lawsuit against HBO alleging that its sports agent series "Arliss" infringed copyright to treatment for proposed talent agent series called "Schmoozers".
• Advertising photographs of Skky Vodka bottle did not infringe copyrights to similar photos taken by another photographer, because photos were not virtually identical, federal appellate court rules.

May 2003

• Court dismisses right of publicity and privacy suit filed by woman shown kissing drummer in "Bands on the Run" television program and ads.
• Court of Appeals rules that rate court erred in setting "fair royalty" payable by Music Choice to BMI, for music performances on cable and satellite channels, at rate that was less than half the rate proposed by BMI.
• Former member of the The Beach Boys infringed "Beach Boys" trademark by using "Beach Boys" phrase while performing with others, federal appellate court affirms.
• PGA defeats antitrust claims by website company that was prohibited from selling real-time golf scores made available at tournament media centers.

April 2003

• Jury awards TVT Records $132 million verdict in case against Def Jam Records over recordings by Ja Rule
• Internet cafe in United Kingdom settles cases for 210,000 Pounds after British court ruled that cafe infringed copyrights by burning CDs of recordings downloaded by customers
• Mariah Carey's "Thank God I Found You" does not infringe copyright to "One of Those Love Songs" because they are not substantially similar, federal District Court rules
• RePlayTV owners stated valid "fair use" declaratory relief claim against movie and TV producers, which in separately-filed suit allege that RePlayTV is liable for contributory and vicarious infringement; owners' suit and producers' suit are consolidated.

March 2003

• Federal court grants TVT Records' pretrial request for injunction barring Def Jam from including tracks in Ja Rule album "The Last Temptation" that were recorded for TVT while Ja Rule was member of rap group Cash Murda Click
• Martha Graham Center owns copyrights to 45 dances by Martha Graham, and dancer's heir Ronald Protas owns copyright to one, federal District Court decides; Protas also ordered to pay Center $180,000 he received from licenses and sales of Center's property
• Court of Appeals awards freelance photographer an additional $5000 - for a total of $25,642 - in copyright infringement suit against Weekly World News on account of unlicensed uses of "Alien Backs Clinton" photograph

February 2003

• Federal court orders Verizon to comply with RIAA subpoena requesting identity of subscriber who downloaded 600 songs from Internet in one day.
• Trial court refuses to dismiss Fox's suit against Marvel complaining that Marvel-licensed "Mutant X" television series violates Marvel's license to Fox for its "X-Men" theatrical movie; but court does dismiss Marvel's trademark and copyright counterclaims against Fox.
• Publication of a single volume does not create trademark rights in book's title, federal appellate court rules.
• Indian tribe officials are immune from liability for copyright infringement damages, but are not immune from injunctive relief, federal court rules.
• Restaurant ordered to pay $19,000 for unauthorized interception of pay-per-view fight between Oscar De La Hoya and Felix Trinidad.

January 2003

• Copyright Term Extent Act is constitutional, Supreme Court affirms; Court rejects arguments that Congress exceeded its power by extending duration of copyrights 20 years, and argument that Act violates the First Amendment.
• Court denies Michael Jackson's motion to dismiss Copyright and Lanham Act claims alleging that Jackson 5 album "Pre-History: The Lost Steeltown Recordings" actually is a recording by "Ripples and Waves".
• ESPN did not defame John Montefusco by comparing him to O.J. Simpson in report about criminal proceedings in which former pitcher's ex-wife accused him of sexual and physical violence.

December 2002

• Copyright Act is amended to permit unlicensed Internet transmission of copyrighted works for nonprofit distance education.
• Jury acquits Russian software company ElcomSoft of charges that it criminally violated DMCA by selling program that circumvents Adobe eBook encryption.
• "Monsters Inc" did not infringe copyright to poem about monster who is afraid of boy, federal court rules, because similarities were unprotected ideas.
• Copyright infringement case filed against songwriter Robert McGee by composer/performer Ronald Calhoun was properly dismissed, even though McGee's song "Emmanuel" is "practically identical" to Calhoun's song "Before His Eyes", because McGee proved he independently created "Emmanuel".

November 2002

• KaZaA did not violate Dutch copyright law by distributing software that permits users to exchange unlicensed copies of music recordings on the Internet, Court of Appeal in the Netherlands rules.
• MCA recording titled Barbie Girl did not violate Mattel's trademark rights, fedeal appeals court affirms.
• Screenwriters are entitled to trial on claim that Steven Bochco television series City of Angels infringed their copyrights in screenplays about inner-city hospital with mostly black staffs, fedeal appellate rules.
• Unlicensed Beanie Babies books may not infringe Ty Inc's copyrights to Beanie Babies dolls, appellate court rules in decision reversing summary judgment won by Ty in suit against books' publisher.
• Copyright infringement lawsuit by lyricist Angel Luis Rivera against composer Pascual Castillo-Paredes is dismissed, because song "Nuestro Amor es Veneno" was jointly authored, and Rivera's real complaint was for breach of royalty agreement.
• Ebay defeats lawsuit filed by buyers of fake autographed sports memorabilia.

October 2002

• FCC to consider adoption of copy protection rules for digital television receivers and consumer electronics devices.
• Unauthorized depiction of real people in movie The Perfect Storm did not violate their rights, federal District Court holds in decision dismissing case.
• Discovery Channel documentary If We Had No Moon did not infringe copyright to book What If The Moon Didn't Exist?", and documentary's "Thank You" to book's author did not violate Latham Act.
• Art museums and collage artist Barbara Kruger defeat copyright and privacy claims of German photographer Thomas Hoepker and model Charlotte Dabney.
• Investment book The Market Gurus did not violate right of publicity of securities analyst William O'Neil.
• Disney system for allowing TV programs viewers to view Disney websites at same time does not infringe HyperTV's patents for simultaneous viewing of TV programs and sites throughout the World Wide Web

September 2002

• Supreme Court of Canada reverses lower court order that permitted artist Claude Theberge to seize art works created by transferring ink from authorized paper posters of his paintings to canvas, without his consent.
• Stephen King's Riding the Bullet does not infringe copyright to unpublished manuscript written by plaintiff's brother, nor did it invade privacy of plaintiff's mother, appellate court affirms.
• Producer of Fashion Television program loses trademark and unfair competition lawsuit against owner of Fashion Television cable channel.
• Yahoo and ESPN fantasy football games do not infringe Fantasy Sports' patent, Court of Appeals affirms, but further proceedings are needed to determine whether SportsLine.com's "Commissioner.com" software infringes.

August 2002

• Librarian of Congress sets statutory license fees for Internet transmissions of music recordings
• AOL wins dismissal of copyright infringement suit filed by Harlan Ellison complaining of unauthorized posting of digital copies of his science fiction novels in newsgroup; court rules that AOL is protected by DMCA safe harbor provision.
• Statute of limitations bars suit by songwriter Philip Baptiste to rescind 1959 publishing contract for Sea of Love.
• Trial required to determine damages Franklin Sports must pay to owner of Roger Clemens Instructional Baseball patent on account of Franklin's sale of infringing baseball.

July 2002

• Federal District judge reverses Magistrate's order that required Sonicblue to collect and provide movie studios with data about how ReplayTV owners copy, forward and delete commercials from TV programs.
• Lucasfilm fails in bid to enjoin animated pornographic Star Wars parody titled Starballz.
• Court of Appeals reinstates lawsuit by The Coasters and other recording artists claiming ownership of digital rights in recordings made under contracts signed in 1950s and 1960s, and alleging that MP3.com infringed artists' Lanham Act rights.
• SightSound Technology's patent for selling digital music and movies over a "telecommunications line" should be interpreted to include Internet sales, federal Magistrate Judge recommends in infringement lawsuit against CDNOW.

June 2002

• European Union directive requires members to adopt (or improve) artist's resale royalty right by January 1, 2006.
• Court denies Larry Flynt's request for preliminary injunction against Secretary of Defense that would have allowed "Hustler Magazine" correspondents to accompany American combat troops in Afghanistan.
• Graphic artist is at least joint author, and maybe sole author, of artworks created for album CD insert and promo postcard
• Kingvision Pay-Per-View loses claim against New Hampshire bar that showed 1997 Holyfield/Moorer fight without a license.

May 2002

• Librarian of Congress rejects Copyright Royalty Arbitrarion Panel's recommended statutory license fees for Internet transmissions of music recordings
• Dreamworks' animated movie The Road to El Dorado is substantially "dissimilar" to play The Sacrifice, so federal court dismisses playwright's copyright infringement suit.
• Chuck Berry wins dismissal of Johnnie Johnson's copyright infringement claims because Berry was (at least) a co-author of disputed songs recorded between 1955 and 1966; but court refuses to dismiss Johnson's other claims seeking declaration of co-ownership, breach of fiduciary duty and fraud.

April 2002

• United States Supreme Court declares federal statute banning "virtual child pornography" unconstitutional, citing Romeo & Juliet, Traffic and American Beauty as movies whose themes the statute prohibits.
• Dreamworks wins dismissal of suit alleging The Peacemaker was copied from works about former Green Beret Keith Idema.
• Isaas Hayes' transfer of "all contract rights" to royalties from pre-1978 songs gave transferees the right to continue receiving those royalties after songs' copyrights were renewed.
• Mannequin head not protected by copyright, after all, Illinois federal court rules in 11-year-old-case

March 2002

• Copyright Royalty Arbitrarion Panel recommends statutory license fees for Internet transmissions of music recordings
• Appellate court affirms denial of Random House's request for preliminary injunction that would have barred Rosetta Books from publishing digital editions of books by William Styron, Kurt Vonnegut and Robert Parker
• Copyright infringement suit against German sub-licensees of Grease is dismissed by federal court in New York for lack of personal jurisdiction, but court denies German licensee's motion to dismiss
• Court of Appeals vacates nationwide injunction granted to CBS, ABC, NBC and Fox in copyright infringement suit against Echostar, though appellate court upholds constitutionality of Satellite Home Viewer Act.

February 2002

• Librarian of Congress orders new proceeding to divide 1997 cable retransmission royalties between MPAA and Independent Producers Group
• Thumbnail images of photos created by Ditto.com visual search engine are fair use, appellate court affirms, but inline linking and framing of full-size images infringe photographer's display right and is not a fair use
• Federal court dismisses Sony's claims that television series Queen of Swords infringes copyrights to Zorro comic books and trademarks in Zorro character as well as unfair competition claims based on series' alleged similarity to Sony's Mask of Zorro movie; but court refuses to dismiss Sony's claims that series infringes copyright to its movie
• Peer International and other music publishers own copyrights to more than 400 songs whose copyrights have been claimed by Latin American Music and licensed by ACEMLA, federal court in Puerto Rico rules

January 2002

• Federal court upholds Copyright Office ruling that Internet transmissions of AM/FM radio broadcasts are not exempt from record companies' digital performance right
• Lyrics to Independent Women, recorded by Destiny's Child for the Charlie's Angels soundtrack, do not infringe copyright to lyrics Independent Lady.
• Freelance photographer is awarded $20,142 in copyright infringement suit against Weekly Word News on account of repeated unlicensed uses of "Aliens Back Clinton" photo.
• Offer to sell videotapes and transcripts of television programming may not be "commercial", federal appeals court rules in case brought by producer of America's Defense Monitor; if not, programming would qualify for showing on public access channels.

December 2001

• HBO wins dismissal of lawsuit alleging that its sports agent series Arliss infringed copyright to treatment for proposed talent agent series called Schmoozers.
• WIPO Copyright Treaty to take effect March 6, 2002, with ratification by thirtieth nation.
• Creators of Psycho Chihuahua cartoon character win reinstatement of idea-submission lawsuit against Taco Bell.
• Use of clips from old monster movies in newly-produced documentaries was fair use, two courts rule.
• Radio talk show host may have defamed children's TV show host Sally Starr by calling her "the lesbian cowgirl".
• After defeating copyright infringement claim by Don Post Studios involving "Michael Myers" mask, Cinema Secrets is entitled to damages, not capped by injunction bond, for wrongful injunction, and attorneys fees.

November 2001

• "Fairness in Music Licensing Act" costs European publishers and songwriters $1.1 million a year in U.S. public performance royalties, WTO arbitrators determine.
• Court of Appeals issues opinion explaining why it vacated preliminary injunction that had barred publication of The Wind Done Gone in infringement action by owner of copyright to Gone With The Wind.
• Claims by creator of Sabrina the Teenage With against publisher Archie Comics are dismissed.
• Owners of Speedvision cable channel win dismissal of idea submission lawsuit by developers who had earlier pitched their own proposal for a similar channel.
• Stockholders alleged valid securities fraud claim against book publisher that concealed increased returns from retailers.

October 2001

• United States Trade Representative sanctions Ukraine for failing to prevent piracy of CDs, DVDs and CD-ROMS.
• Federal court denies Sony Pictures' request for preliminary injunction in case alleging that television series Queen of Swords infringes Zorro copyright and trademark.
• Children's Broadcasting Corporation wins new trial on damages in contract and misappropriation lawsuit against ABC Radio and Disney following creation of Radio Disney network.
• Designer of copyrighted jewelry may be entitled to recover a reasonable royalty or license fee as actual damages, in infringement suit complaining about Gap store magazine ad in which model wore his jewelry without consent.