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MEET THE EDITORIAL BOARD Giulia Cellerini - Trevisan & Cuonzo Avvocati , Italy Giulia is an Italian qualified attorney who graduated from the University of Florence. In 2015, she completed an LL.M. degree in Intellectual Property Law at the Queen Mary University of London, with a focus on copyright, trademarks and unfair competition. Her key area of practice is focused on a broad range of IP litigation, including patent, trademark, and copyright. Nancy Wei - Beijing Crown and Rights Law Firm, Beijing Ms. Wei has more than ten years of litigation and traditional IP service experience. Accredited as a Chinese Lawyer and TM attorney, plus the rich academic background with Master Degree in Civil Law, Ms. Wei presents multinational clients various from different aspects. Ms. Wei also provides high level of strategic advice on trademark portfolio management. Victor Johnson – Dykema, USA Victor C. Johnson is a member of the Intellectual Property Practice Group in the Dallas, Texas office of Dykema. Mr. Johnson’s practice focuses on IP litigation including patent, trademark, brand protection and trade secret misappropriation, as well as domain name disputes and other forms of unfair competition. He is also experienced in all aspects of complex commercial litigation and has significant experience in federal and state false claims act litigation. Míchel Olmedo - Iuristech Abogados, Spain Míchel is a Spanish lawyer with wide experience in national and international copyright and trademarks in Spain and the EU, having extensive knowledge of the media and ICT industries. His work focuses on IT operations, mostly concerned with software, videogames and digital media, incorporating his knowledge on collective management societies, music and literary publishers as well to ensure the most comprehensive advice to his clients. Maria Peyman - Birketts, UK Maria is a senior associate in Birketts’ intellectual property and technology team. She specialises in contentious intellectual property and has advised clients on matters including allegations of infringement of copyright, trademarks, and design rights, as well as passing off and breach of confidence. She also advises clients on exploitation and protection of intellectual property. Lawrence Stanley – WebTM, USA Lawrence Stanley has have over 30 years of experience in business and intellectual property litigation, and in drafting and negotiating contracts pertaining to trademarks, copyrights and trade secrets in a variety of industries, including music, exercise modalities, neutraceuticals, software and high technology. In 2000, together with Gordon Troy and Robert Fogelnest, he successfully defended a multi-party trademark infringement lawsuit over use of the word “Pilates”. Geert Somers - time.lex, Brussels Geert Somers is partner at time.lex, a niche law firm specialized in information and technology law. He mainly focuses on intellectual property rights in a digital context, privacy and data protection. He obtained his law degree at the K.U.Leuven, followed by an LL.M. degree in European law at the Europa- Institut in Saarbrücken and in intellectual property law at the KU Brussels. He is regular speaker at ICT-related events. Alina Tugearu - Zamfirescu Racoti & Partners, Romania Alina Tugearu specializes in civil and commercial litigation and focuses her practice on international arbitration, administrative/contentious disputes and intellectual property disputes. She presently represents corporate clients in various national disputes and has solid experience in trying arbitration cases before national and international arbitral panels. Alina is a member of the Bucharest Bar since 2005 and holds a Master of Laws (LL.M.). Margaret Briffa - Briffa, UK Margaret Briffa is a leading intellectual property lawyer and founding partner of Briffa. She advises on all aspects of intellectual property protection and enforcement, with emphasis on dispute resolution. On the copyright side, Margaret advises many media clients as to fair dealing exceptions and works closely with Focal International, the Industry body representing archives and audio visual libraries, on proposed and new legislation changing the law of copying. Luis Schmidt - Olivares, Mexico Luis Schmidt possesses nearly 30 years of experience in all areas of IP, and has an unparalleled knowledge of digital media and related copyright law in Mexico, representing the world’s leading companies. It can be argued he is the most important IP lawyer in Mexico working in the field of media and entertainment as he is directly influencing the future of Mexico’s copyright law. The Copyright Lawyer Magazine is advised by a distinguished panel of international patent experts. Members of our editorial board are detailed on this page. The Copyright Lawyer Magazine wishes to take this opportunity to thank the editorial board for their time and support. 6 THE COPYRIGHT LAWYER CTC Legal Media
Copyright of Star Trek’s ‘Klingon’ language is in question Heading NEWS A LAWSUIT between CBS and Paramount, and the makers of a fan-made ‘Star Trek’ film has just become a lot more complicated. The lawsuit that looked to be in favor of CBS and Paramount, could now be working in the favor of the fans. A brief has now been filed on the defendant’s behalf, suggesting the language cannot be copyrighted and therefore the fan-made film is not infringing on copyright. The bulk of the argument is that you cannot copyright a language and therefore there is no case. Among the examples used by the authors of the brief are the fact that MSN’s search engine, Bing, has a built-in Klingon translator and that the language is also often used on shows unrelated to “Star Trek,” including “The Big Bang Theory” and “Frasier.” The brief states “Copyright law protects the means of expressing ideas or concepts, but it does not give the copyright holder the right to exclude others from making use of the ideas or concepts themselves.” The brief continues by saying “neither is one permitted to register copyright in a word.” To its point, the brief itself is littered throughout with actual Klingon phrases where appropriate Paramount and CBS are suing producer Alec Peters of Axanar Productions for copyright infringement, with a suit filed in December in California district court. The suit concerns “Axanar” and the prequel film “Prelude to Axanar,” collectively referred to as “the ‘Axanar’ Works.” “Axanar” raised $1.13 million in crowdfunding, making it possibly the biggest-budget fan film ever made. CBS said they never “authorized, sanctioned or licensed this project in any way, and this has been communicated to those involved.” However, Peters told TheWrap that he and his team met with CBS prior to production, and the network didn’t offer any specific guidelines concerning what his crew could and could not do, simply that he couldn’t make money off the project. “CBS has a long history of accepting fan films,” Peters said back in August. “I think ‘Axanar’ has become so popular that CBS realizes that we’re just making their brand that much better.” Led Zeppelin could settle copyright lawsuit for just $1 catwalker / Shutterstock.com ACCORDING TO THE PULSE OF RADIO, LED ZEPPELIN could stop their entire copyright infringement lawsuit over “Stairway to Heaven” (1971) for just one single dollar! Of course, there’s a catch though. As it stands now, ZEPPELIN will have to defend themselves in a U.S. Federal court jury trial after being sued by Michael Skidmore, the trustee of the Randy Craig Wolfe Trust, on behalf of the late SPIRIT guitarist who wrote “Taurus” and performed under the name Randy California. Bloomberg.com posted that for a one-dollar payment, the song’s writers – Jimmy Page and Robert Plant – could bypass a high profile and possibly very damaging lawsuit, reporting: “Robert Plant and Jimmy Page would have to give dead rocker Randy California a writing credit on… ‘Stairway To Heaven’. And that’s probably worth a lot more than a buck. Such an agreement by Page and Plant, the band’s guitarist and singer, respectively, would head off a much anticipated copyright infringement trial scheduled for May 10 in Los Angeles federal court...” The performance and publishing worth of LED ZEPPELIN’s “Stairway to Heaven” is estimated to be over $560 million. The Pulse of Radio posted some of the restrictions for the upcoming lawsuit that may act in Plant and Page’s favor: 1) The only version of “Taurus” that will be allowed to be played during the trial will be those that were filed with the copyright office in 1967. Other versions that the plaintiff’s lawyers wanted to present that, presumably, showed the similarities between guitars passages even better, are now off limits. 2) The expert’s written opinions that were to be submitted at trial that were based on the disallowed recordings have been rejected. The plaintiff’s lawyers have five days to submit new reports based only on the allowed recordings. 3) All testimony on LED ZEPPELIN’s history of plagiarism is barred. The only evidence that will be allowed will be two quotes made by Jimmy Page, himself, in magazine articles on how he wrote music. 4) There will be no testimony on the drinking or drug habits of the members of LED ZEPPELIN. 5) There will be no testimony on the wealth of the members of the group. CTC Legal Media THE COPYRIGHT LAWYER 7
Page 1: Copyright May 2016 NEW The GLOBAL R
Page 4 and 5: Contents May 2016 6 Meet the editor
Page 8 and 9: NEWS A tribute to Prince and his co
Page 10 and 11: EU LAWS venue of the judicial proce
Page 12 and 13: 3D PRINTING Luis Schmidt What paten
Page 14 and 15: INFRINGEMENT Margaret Briffa Don’
Page 16 and 17: BIG DATA Does Big Data mean big cop
Page 18 and 19: ROMANIA Alina Tugearu Plagiarism tu
Page 21 and 22: Kitty Rosser Copyright update: Revo
Page 23 and 24: COPYRIGHT PROTECTION The current po
Page 25: the effective judgments of the prec
Page 28 and 29: FAIR USE Since Campbell, the transf
Page 30 and 31: SHAKESPEARE David Kluft Shakespeare
Page 32 and 33: 3D PRINTING Victor Johnson 3D print
Page 34 and 35: DIGITAL COPYRIGHT LAW Geert Somers
Page 37 and 38: William Miles Margaret Briffa Find
Page 39 and 40: 9. What proportion of a work must b
Page 41: IT REALLY MATTERS WHICH IP FIRM YOU

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