YouTube must Face Lawsuits from Artists over Copyright Protection

A federal court in San Francisco has recently rejected YouTube LLC’s request to dismiss a contentious lawsuit filed by a group of content creators who believe that the American online social media and video sharing platform safeguards the interests of only big copyright holders such as music labels and major studios.

A United States district judge, James Donato, stated that YouTube couldn’t prove why the court should dismiss the lawsuit filed by ordinary copyright holders, led by Maria Schneider (Grammy-winning composer), at such an early stage of the case.

The attorneys for YouTube and its parent company Google didn’t respond to any comment immediately. Also, the attorneys for the plaintiffs didn’t respond to the request for comment.

In support of small copyright holders, Schneider sued the video-streaming giant in 2020 by arguing that the platform safeguards only big copyright holders from Copyright Infringement while allowing pirated content and material from others to draw in online users. According to the said group of small copyright holders, only major companies out there have access to YouTube’s advanced Content ID System to search for infringing content and block it automatically, while individual creators, on the other hand, are left out in the cold.

Last year, YouTube raised several arguments to dismiss the lawsuit in question. It told the court that the said group of small copyright holders had not recognized all copyright-protected content they were suing over. As per YouTube, the plaintiffs claimed the right to add new copyright to the lawsuit whenever they felt like it, thereby making their claims a moving target. YouTube even stated the group couldn’t prove that it owned some copyright-protected content at issue and failed to register others before suing.

Donato recently said that YouTube’s arguments were unavailing. He further mentioned that the lawsuit recognizes specific works whose copyright YouTube allegedly violated, and it was enough to give the video-streaming giant a fair notice of the claims.

Donato even dismissed YouTube’s arguments concerning the said group’s alleged failure to prove Copyright Registration and ownership. For more visit: https://www.trademarkmaldives.com

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Square Inc. Joins Cross-Licensing Platform to Reduce Patent Suits

Square Inc., an American company specializing in providing financial services and facilitating digital payments, has recently joined a cross-licensing platform with other technology companies to lessen Patent Lawsuits over cryptocurrency and encourage the growth of digital currencies. According to the company, it is becoming a part of the Open Innovation Network, wherein all the members agree for royalty-free access to patents for open source technology.

In 2020, Square established the Cryptocurrency Open Patent Alliance, in which all the members are required to agree towards not suing each other over patents. It also provides a shared patent library for access to the underlying technologies.

Max Sills, the Counsel at Square and the General Manager of the Cryptocurrency Alliance, said in a recent statement delivered that the company is looking forward to avoiding long-drawn-out legal battles in the present rapid time of growth. He also stated that the ultimate goal of joining the Open Source Network is to have a non-aggression pact in place that underpins the new digital currencies and tools without which one can’t do business in the market.

The Network includes technologies like Hadoop and Linux kernel that are widely used to store and process large datasets.

Keith Bergelt, the Chief Executive of the Open Innovation Network, said that when it comes to dealing with core functionality, companies or individuals should not sue one another. According to him, the idea should always be to build one’s differentiation around the core, which won’t impair anyone from establishing a business and only safeguard them from being sued on what is fundamentally open.

The Open Innovation Network was created to safeguard the Linux operating system from patent litigation lawsuits. It even has more than 1,000 patents at present of its own that all the members get royalty-free. It was founded in 2005 by companies including Sony Corp., Red Hat Inc., and International Business Machines Corp., and currently, it has more than 3,500 members across the globe, such as Oracle Corp., Microsoft Corp., and Alphabet Inc.’s Google. In the past decade, the Network has grown significantly to include energy, automotive, and medical device fields.

Square isn’t the only company trying to reduce patent suits that have bedeviled other industries, specifically in the field of technology. Litigation disputes over patents, like the ones involving medical devices and smartphones, among other industries, can cost an enormous amount of money in legal fees.

Many other groups have also been set up to address such challenges; however, each of them focuses on a separate issue concerning patent disputes. For instance, the Open Crypto Alliance was formed to identify Patent Applications to challenge or oppose, such as by providing appropriate information to the patent examiners to use as a legal basis for rejecting the applications. For more visit: https://www.trademarkmaldives.com

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Effective Ways of Avoiding Copyright Issues in Music Production

Without any second thoughts, getting into the music industry can nowadays prove to be quite brutal. Initially, you don’t think much about it by enjoying the phase and experiencing your dream job. You spend your time recording, producing, selling music, and getting paid for the same as well. However, after some time, you get to see the ugly face and harsh reality of the music industry, which indeed has cutthroat competition and a lot of mean people looking forward to claiming that you stole their tunes. Copyright Infringement lawsuits, in the present fast-paced society, are something that most of the music producers are accustomed to dealing with, but that doesn’t make them any uncomplicated to handle. Therefore, it is always highly advisable to avoid such complications as much as possible and as soon as possible. Let us now make ourselves familiar with how you can do the same proactively.

  1. Get all the Necessary Permissions

While being in the music industry, if you are looking forward to using the creative work of another person, then the first and foremost thing you need to do is get all the necessary permissions. It is a matter of fact that yes – the music industry is vast with a lot of artists and producers. At times you may think that you will not get caught; however, there’s no way out, and you will eventually end up getting caught, mostly in cases if you sell your music recordings. You might wake up one morning and see yourself hit by a copyright infringement lawsuit only because you didn’t receive permission from the concerned parties in the matter. Furthermore, the same applies to dead artists too. A lot of people across the globe are of the view that if a music artist is no more, then his or her creative works are open for use, which is undoubtedly far away from the truth.

The reality is that the families of the music artists who are no more and other concerned parties can still make a lot of money from royalties. Also, just because the artists are dead doesn’t mean their works are available for free. Therefore, make sure you have yourself covered in all aspects corresponding to having all the necessary permissions.

  1. Don’t Swindle the Music Tunes

There are indeed some music producers and artists who swindle the tunes from others and claim it as their own, which is a clear cut way of getting hit with a copyright infringement lawsuit. Without any doubt, you can go ahead with getting ideas from other music artists; however, you can’t take their music straight away and use it directly. There are various platforms on the Internet today that offer royalty-free sounds, loops, and sample packs to music producers. You can effectively make the most out of such opportunities by acquiring everything from the rightful owners and consequently avoid all copyright-related issues in the long run.

  1. Get in touch with a Specialized Copyright Attorney

If you wish to use a specific part of another person’s music, then it is always a brilliant idea to seek legal advice and assistance first. Copyright Laws are comprehensive with plenty of intricate details that you will miss if you begin understanding them yourself. So, get in touch with a specialized Copyright Attorney and understand whether what you are doing is legal or not. Also, under copyright laws and regulations, using some part of a music tune or song for non-commercial purposes doesn’t necessarily make it ‘fair use.’ Fair use doesn’t hold the need to seek permission from the copyright owner. However, there is a need to ensure that your case is under fair use, which again takes us to the utmost importance of consulting with experienced attorneys first.

  1. Have an Understanding about Copyrights

The copyright laws may prove to be too technical and complicated for you to understand, but you can focus on understanding the term copyright in general. When we come to the music industry, there are various misconceptions and misunderstandings related to copyright and related terms. Hence, it is imperative to know about the right things and avoid all unexpected damages. For instance, in the music industry, copyright laws not only extend to music but also the lyrics, which is something not many people know. If you use a paragraph from a poem or a book, the descendants of the writer might sue you alleging copyright infringement and demand some money if you had neglected to ask for permission. Even uploading a track (not for commercial purposes) with copyright infringement on your social media accounts like Facebook and Instagram may bring in trouble. You need to keep in mind all such details for avoiding copyright-related issues. It is highly advisable to prepare yourself for every possibility, understand the term copyright thoroughly, and know what you are allowed to do. For more visit: https://www.trademarkmaldives.com

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Court Rules against ‘GTA V’ Cheat Makers over Copyright Infringement

England and Wales Intellectual Property Enterprise Court has recently ruled against a pair of cheat developers in association with Epsilon (a former outfit related to GTA games) for infringing on the copyright by coding and selling the software.

The Grand Theft Auto (GTA) games are all about bad behavior for making money. Nevertheless, in the real world, their developer and publisher – Rockstar Games, Inc. and parent Take-Two Interactive Software, Inc. – go hard on getting any hint about rules being broken, and thus, all the way to suing cheat app makers for Copyright Infringement.

The recent ruling is in relation to one such legal action that has gone well for the UK Company. It is a summary judgment meaning that the case would not go to trial.

Rockstar’s original Copyright Infringement Application for a summary judgment named five defendants, three of which have settled the case in the meantime. Rest two who chose to try their luck in court though affirmed their involvement with Epsilon, yet made efforts to invalidate the violation argument. They did so by saying that their team provided a disclaimer of liability to users of their cheat for the online gameplay GTA V. Nonetheless, the court said that this was a mere window-dressing.

In general, these cheats are known as the ‘mod menu’ and allow gamers to enjoy several advantages while playing. These sometimes unlock virtual in-game items and currency for which they would otherwise need to pay the real money.

Another thing the defendants said in their defense was that the Epsilon developed its software by forking the already existing code, which is available online. It means they downloaded the source code from a popular and well-known public cheating website. But, the court rejected this argument also and ruled in favor of Rockstar’s claim of violation of the contract against one defendant, dropping the charge against the other because he was a minor when the offense took place.

Although the case won’t go to the trial in association with the copyright charges, the issue related to legal cost may still require a trial. But Justice Falk, who signed the order, said that she hoped the parties would try to settle this matter. For more visit: https://www.trademarkmaldives.com

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SaskTel Sent 30,000 Copyright Infringement Notices to Internet Customers

As it turns out that a lot of SaskTel customers are allegedly involved in internet piracy, the company, since January 2019, has sent out around 30,000 Copyright Infringement notifications to customers, who are accused of engaging in downloading or uploading copyrighted materials.

A spokesperson for SaskTel said that the number of notices the Crown tends to issue has remained steady in recent years. The spokesperson explained that receiving one of such notices doesn’t mean that the user is being sued by Hollywood studio. However, it can lead to a suit if the user continues with the activity causing infringement.

Although SaskTel doesn’t monitor the customers’ online activities, it is obligated under the Copyright Act of Canada to issue notices related to infringement on receiving communications from copyright owners.

Halifax-based lawyer David Fraser, who specializes in internet privacy and technology law, warned SaskTel customers by saying that they shouldn’t take the notices lightly. Mr. Fraser, during a recent telephonic interview, said that he would neither ignore it and nor laugh it off; rather, he would take it seriously. The lawyer continued and provided an example saying that if he were to receive a notice in his house or to discover that one of his kids was doing something like a violation, he would have a conversation with the kid as he wouldn’t want the thing to go further.

According to Mr. Fraser, copyright owners can track SaskTel users with the help of companies that possess the technology to detect the IP addresses that access copyrighted materials, like movies through peer-to-peer file-sharing software. Nonetheless, the copyright holders don’t get aware of the users’ names, and SaskTel wouldn’t provide that information to anyone unless a court orders it to do so.

Fraser then said that Hollywood studios have sued around thousands of individuals in Canada for piracy. While representing Canadian residents against whom the lawsuits for copyright infringement have been filed by the studios, Mr. Fraser revealed that these lawsuits often fall within the range of $5,000.

Companies usually provide individuals with several notices before deciding to sue them for copyright infringement. If you receive one or two notices, then there’re possibilities that you could be sued in case you continue doing the same thing as you were doing it before. Moreover, once you get sued, you will be sued again and again. You cannot ignore it, as if you do so, then the studio gets a default judgment against you, said Fraser.

A default judgment takes place when a defendant fails to respond to summons or unable to appear in court. SaskTel said it received one court application asking for information about copyright infringement, but the data wasn’t available because the Crown stores the information only for six months. Pirating copyrighted material is in infringement of the Crown agency’s Internet use policy.

According to this policy, customers should not upload, transmit, publish, or reproduce literary work, software, or other material, which is protected by any Intellectual Property (IP) right without obtaining the prior written permission of the copyright holder.

SaskTel, at last, said getting a copyright infringement notice doesn’t affect the customers’ internet access, but the continuation in piracy-related activities can result in the suspension of service. For more visit: https://www.trademarkmaldives.com

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An Overview of Intellectual Property Protection in Maldives

In the past few years, Maldives has seen good economic growth in many areas, including tourism, trade, fisheries, construction, etc. It shows that the market possesses sufficient talent and will require the government to promulgate a law or some provisions to safeguard the interests of the people as well as the nation at large. It is believed that this will contribute to the economic growth of the country by promoting international trade and commerce. Once the expected legislation has been put in practice, the local talent can look for and enjoy the protection for their rights in products and services they are marketing or want to market. They will be able to ensure that no counterfeit goods are being sold in the market, along with to make a distinction amid products and services available in the market. There would also be increased employment opportunities. In any field, hence, Intellectual Property Rights (IPRs) need to be protected not only for profiting local talents but also to benefit others like consumers. It is, therefore, essential that an Intellectual Property Law should be enacted in regards to the same. However, Maldives has no law that has been enacted in terms of IPRs. To circumvent this, a concept of sufficient Trademark Protection has been provided by way of obtaining public recognition through cautionary notices.

Some Vital Laws, Acts, and Rights Used in Maldives

In Maldives, any legal dispute is settled under Common law. An IP Unit, which was established by the Ministry of Economic Development in 2007, has been working to educate the masses about several aspects of IPRs. The Copyright and Related Rights Act was passed in October 2010 but became operative in April 2011. Apart from the cautionary notices, the Ministry strives for enacting legislation on Geographical Indication Law, Industrial Property Right, and Trademark Law of Maldives. The nation also benefits from the World Trade Organization that provides legal protection under the Trade-Related Aspects of Intellectual Property Rights, i.e., the TRIPS agreement.

IP Protection in Maldives

Considering the remarkable rise in applications for Copyright Registration of eligible works, it is worthy to say that there has been a high demand for Copyright Protection in Maldives. The industrial property rights, which aim to secure inventions that do not cover patentability, are also vital. Trademarks and Servicemarks also play a crucial role in regards to IP Protection in Maldives.

The protection of Intellectual Property in Maldives, in general, is sought by the publication of cautionary notices in journals or newspapers.  These notices act as a warning to third parties against the use of marks that can lead to infringement. The notice does not just suggest whether it is related to a trademark, patent, or copyright, but also provide details of the proprietor. Such notices can be published for individual classes or multiple classes, and the time set for acquiring protection under this notice is around 3 to 4 weeks. Although the publication fee can vary depending on the length of the notice, the NICE classification of goods and services would apply to all.

Conclusion

Maldives, due to its economy and population, appears as a small market. However, its trade sector is undoubtedly well regulated, but the legislation on IPR should be enacted to facilitate free and fair trade of goods and services in the market. Besides, Maldives should also become a member of some relevant International treaties such as Madrid Agreement and Protocol for Registration of International Trademarks, Berne Convention for protection of literary and artistic works, etc. The nation can also be a member of the Hague Agreement for International Registration for Industrial Designs and the Lisbon Agreement for the protection of appellations of origin. With the significant role of Foreign Direct Investment in Maldives in addition to several countries possessing a direct entry into the market, the nation’s economy has been observing a substantial growth. It has further created noticeable employment opportunities. Hence, we can conclude that to aid economic growth and competitiveness in the market, IP Rights and Laws need to be in place, no matter whether it is Maldives or any other nation. For more visit: https://www.trademarkmaldives.com

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5 Essential Things Photographers Must Know About Copyright

Have you taken a photograph? Then under Copyright Law of many countries, you own the copyright to that photo. This law is something that affects not just photographers but also those who want to use photos taken or created by someone else. With the ease of taking and sharing images, the concerns related to their unauthorized use have increased much. Hence, comprehending legal rights associated with the photographers and their photographs is more crucial than ever. Let’s have a look at five vital things everyone should know about copyright in photographs.

  1. Copyright is Automatic

If you take a photo, then you automatically become its owner according to the provisions provided in the copyright law of the US and several other nations. As it is automatic and immediate, you needn’t file or publish anything to establish or own your copyright. However, going for Copyright Registration of your photograph is recommended due to several reasons, but it’s not mandatory.

  1. Use of the Copyright Symbol Isn’t Mandatory

Using the copyright symbol on your images at the time you publish them is a good idea. It is a reminder to the viewers that the specific image is protected as your copyright. In other words, it’s a smart step to secure your work from being infringed by those who mistakenly believe that photos without a copyright symbol are available for free use. However, the copyright law of most countries is clear that using the copyright symbol isn’t required to protect your photos. The law states that one’s images belong to him/ her regardless of whether he/ she put the symbol when publishing them or not.

  1. Registering Your Photos With Relevant Copyright Office Offers Additional Protection

Registering your photo with Copyright Office bestows you with extra protection in the Copyright Infringement case. It limits your case to actual damages, i.e., the amount of money that the violation costs you as opposed to statutory damages, i.e., damages valued by the law based on the type of infringement. Since the actual damages are often very difficult to prove and can be very limited in some cases, the ability to obtain statutory damages is a remarkable reason to register your copyright whenever you come up with new and useful work.

  1. It’s Possible to Allow Others to Use Your Photo Without Giving Up the Copyright

You, as a copyright owner, possess the right to license your photo to another party. Copyright licensing refers to a way of permitting someone to use your photo without affecting its ownership. Copyright License Agreements can vary based on the control over the image you want to grant to others. You can grant the right to use your photo for specific purposes for a specific time or broad usage. Besides how you plan to license your photo, you can allow the party to use the same without giving up your ownership. Hence, if someone asks for permission to use your photo, ensure understanding what rights you are granting, along with whether those rights relate to licensed use or copyright.

  1. Use of Photos Doesn’t Always Mean Infringement of Owner’s Copyright

Although the law provides the owner with exclusive rights to reproduce, display, share and distribute his/ her work, there are a few legal provisions under which someone can use a copyrighted photo even without obtaining permission from the original owner. For instance, quoting a portion of any written work or sharing a photo for purposes like educational, reporting, legislative, etc., can be allowed under ‘fair use.’ Nevertheless, fair use is limited in scope, and therefore, most cases where someone uses your work without your consent result in copyright infringement. So, be careful.

As photographers, it’s essential for us to at least have a basic understanding of the Copyright Protection and rights we can enjoy under the law of the respective nation. For further information and questions/ answers related to copyright law, protection, registration, or more, you are recommended to find a good Intellectual Property Attorney. You can also look for a deft Intellectual Property Law Firm as such companies will provide you with the best possible information. These can assist you with almost every concern, from the Copyright Registration Process to the fee required to register your photo and even how to secure other Intellectual property (IP) assets. For more visit: https://www.trademarkmaldives.com

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Tech Industry Urges SCOTUS To Reverse Verdict in Google v. Oracle Copyright Battle

A group of technology organizations and companies have recently come forth with support for Google in its Copyright Infringement battle against Oracle. The group, including Mozilla, Medium, Reddit, Cloudera, along with others, filed a joint “friend of the court” brief in which they urged the Supreme Court of the United States (SCOTUS) to reverse a Federal Circuit Court’s verdict that Google infringed on Oracle’s copyright to Java API code in its Android Operating system.

The Google v. Oracle fight dates back over a decade, with a core concern being whether Copyright Laws bar the common practice of software reimplementation, the process of developing new software to carry out certain functions of a legacy product. However, with the US Court of Appeals for the Federal Circuit decision stating that the functional elements of application programming interfaces (APIs) are subject to copyright, Oracle won the most recent iteration of the fight.

The brief stated that ‘innovation and competition’ is the engine of the healthy internet, and software development is the field that fuels it. For the past many years, the software engineers have been relied on reimplementation, emphasizing reuse of functional protocols like the software interfaces to create competitive alternatives to incumbent industry players and develop new software without fear of copyright infringement.

The companies argued that the federal court’s decision against Google stifled decades of industry practice and upended the established expectations of developers, investors, and consumers. They urged the SCOTUS to reverse the lower court’s finding and allow Java APIs to be free from copyright or at least be accessible for fair use.

Abigail Phillips, head of the Mozilla Foundation’s legal department, said that the brief made its argument from the perspective of not just small and medium companies but even open-source tech organizations. She wrote that the consequences of the Court’s ruling in favor of Oracle are especially dire for small software developers who are already suffering due to their size and relatively limited resources. Hence, the overall result will be worst, i.e., the future would see fewer innovations from small and medium companies, along with the reinforcement of the positions of large enterprises in the tech industry. The future, as a result of this decision, would also experience a decline in incentive among big companies to improve their products and services.

At last, the brief stated – the tech industry believes that a healthy internet relies on the Supreme Court (SC) reversing the Federal Circuit Court’s decision and reaffirming the current status of play for software development, where copyright doesn’t stand in the path of software developers reusing SSOs (structure, sequence, and organization) for API packages in socially, technologically, and economically beneficial ways.

Besides this recently filed brief, an application requesting SCOTUS to reconsider the earlier judgment of the U.S. Court of Appeals for the Federal Circuit had been filed by Google as well. However, the final showdown amid Google and Oracle is set to take place in March. For more visit: https://www.trademarkmaldives.com

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What to do to Avoid Being Targeted by Copyright Trolls?

The industries, especially apparel in the present era is being hit by an unpleasantly hot trend that leaves several retailers, apparel manufacturers, etc., in a situation where they find themselves trapped in Copyright Infringement cases made by copyright trolls. These are the entities that go after the companies or entrepreneurs by opportunistically enforcing their copyrights to make money in litigation. They employ the strategies that make it difficult for people to defend against infringement claims. In general, their strategies include the following steps:

  • First of all, they amass vast libraries or stockpiles of copyrights on an array of fabric prints, even which they may not be producing or licensing for paid distribution.
  • After that, they send out shoppers to find merchandise made of fabric that’s identical or similar to their copyrighted fabrics.

Indeed, even the basic fabric prints, including floral, paisley, geometric, and more, can be subject to infringement lawsuits. Once the copyright trolls find something, they retain Intellectual Property Law Firms to send numerous cease and desist letters and to file lawsuits. Since the litigation is risky and expensive, most companies prefer settling them outside the court rather than fighting in front of the judiciary.

For a company, which is continuously adding to its fabrics already including many, legally clearing every suit is not practical and can eat up a lot of its money and time. Hence, apparel-related businesses need to find how to avoid copyright infringement claims by copyright trolls. Besides, they also need to look for what to do to mitigate the damage if a claim is made.

Although the perfect protection is to sell only solid fabrics produced by designing your patterns, which certainly is not realistic, you can still take a few other measures to protect yourself. Some of the steps you can follow to stay safe against copyright trolls are as follows:

  • Begin by asking your textile supplier if his/her company possesses an appropriate Copyright Registration for the pattern/ design being considered to be used in your products. You can ask for evidence of the ‘original work’ authorship. In case the supplier has purchased the pattern or design to be sold to you from any third-party, you must demand a statement stating that the original copyright is being transferred to you.
  • Obtain a clear indemnification clause and shifts the burden and damages to the supplier in the event of copyright infringement lawsuits. It is a contract under which one party (supplier) commits to compensate the other for any harm arises out of the contract. The promise, by the suppliers to cover your losses if they do something that makes any third-party to sue you, should be in writing.
  • Since the policies related to copyright infringement insurance are expensive, people often ignore purchasing their own insurance. You may also be thinking to do so, but note that it is a very small cost to protect yourself and your customers from issues, like infringements, confusions, and monetary losses due to them.
  • Prefer using ‘public domain designs.’ These are the designs available without issues of copyright ownership. There are various facilities that maintain libraries consisting of thousands or more prints, which exist in nature or are already in the public domain. You can pick and use any design from these reference materials. Although you cannot copyright that design, still it will keep you out of the courtroom.
  • Last but not least, if you are not satisfied with the supplier’s response to your inquiries, then it will be in your best interest to avoid buying the pattern or design from him/ her.

Conclusion

Whether manufacturers or retailers, legitimate companies are in the business of creating products their customers will enjoy and appreciate. On the other hand, copyright trolls are in the business of targeting these legitimate companies, and thus, finding opportunities to file copyright infringement claims and seek monetary settlements. As these types of attacks are difficult to defend against, apparel companies need to be prepared for the circumstances when copyright trolls inevitably rear their ugly heads. Hopefully, the information provided in this blog will prove helpful in preventing you from being targeted by copyright trolls. However, if you still have doubts regarding anything or face any issue, you are advised to have a discussion with an experienced IP attorney. For more visit: https://www.trademarkmaldives.com

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Kanye West Seeks to Fight Against Ultralight Beam Copyright Lawsuit

Rapper Kanye West and Universal Music are seeking to battle against the copyright lawsuit filed earlier this year over the use of a clip at the start of his 2016 track ‘Ultralight Beam’.

According to an Instagram video, this song that was recorded for West’s album titled ‘The Life of Pablo’ includes the voice of a young girl in prayer. The video was uploaded by the girl’s mother in early 2016.

Sounds a bit interesting, West claimed that he received verbal approval to use the clip in his song from the child’s mother – Alice T Johnson. Nevertheless, in the Copyright Infringement lawsuit filed back in February, the girl’s adoptive parents – Andrew and Shirley Green, who adopted the girl in 2012 – argued that the agreement in connection with the use of the clip having girl’s voice had to be with them. It is because, at the time when the clip was recorded, Johnson was no longer legally the girl’s mother, and thus, didn’t possesses the authority to allow the girl’s voice to be used in the song.

The Greens further contended that even if Johnson provided approval, the lawsuit should continue as conversations amid her and West were only verbal. Meanwhile, Kanye neither finalized any written agreement with either Johnson or the Greens, nor he ever paid a fee for using the clip in his song.

To prevent the rapper from statutory or other relevant damages, his legal representatives have attempted to limit the copyright infringement lawsuit in several ways. Their response filed with the court deals with numerous elements of the case. For instance, firstly, West’s lawyers said that the Greens had not registered the original recording of the clip with the U.S. Copyright Office at the time when Ultralight Beam was recorded. Hence, they are not entitled to either attorney fees or statutory damages. Indeed, if the representatives succeed in arguing this, then there are possibilities that the damages owed to the Greens could reduce greatly.

Elsewhere West legal team seeks to remove an additional plaintiff, Andreia Green, from the lawsuit entirely. She is a relative of the child, and her adult voice, in addition to the girl, is also heard in the recording sampled by West. However, team West insisted that because Andreia Green is not listed as a co-owner of the recording in the Copyright Registration with the US Copyright Office, she has no standing in this case.

This is how West and his legal team responded so far in regard to the Ultralight Beam lawsuit. Nevertheless, for the final settlement, it now remains to be seen how the court and the Greens respond to West’s motion. For more visit: https://www.trademarkmaldives.com

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