Book Scanning Suits Against Google, Others Wind Down With Fair Use Rulings

Google book scanning The book scanning litigation against Google (and others) brought by the Authors Guild on behalf of member-copyright owners is drawing to a close. The US Court of Appeal (2nd. Circuit) ruling reported yesterday affirms that full-text book scanning is generally going to be considered "fair use" and protected from claims of copyright infringement. There are still some outstanding issues in the Authors Guild vs. Google (the main case). However the principal issue, surrounding fair use, was decided last year in Google's favor. Fair use is a defense against copyright infringement (17 U.S.C. [...]

Pirate Sites Earn $227 Million In Ad Revenue Per Year With Some Funded By Major Brands [Report]

piracy-600 The Digital Citizens Alliance claims pirate sites earn $227 million in advertising revenue per year, with ads from major brands like Amazon, McDonalds, American Express and Ford showing up on 30 percent of the largest sites. Yesterday, TorrentFreak covered the Digital Citizens Alliance report Good Money Gone Bad: Digital Thieves and the Hijacking of the Online Ad Business which evaluated ad revenue for 596 websites that had received more than 25 takedown requests through Google during the third quarter of 2013. The report organized pirate sites into four categories - BitTorrent and oth [...]

Rebel With A Twitter Cause: CMG Sues Twitter For Ownership Of @JamesDean Account

James Dean Last Friday, The Hollywood Reporter disclosed a lawsuit filed by CMG Worldwide against Twitter. CMG, a firm that manages the commercial real estate of deceased celebrities, is suing the social media site along with five John Does, whose identifications are protected by Twitter, for unauthorized use of James Dean's name and image. Representing the James Dean estate, CMG's lawsuit is an an attempt to close the @JamesDean Twitter account which is managed by one of the John Does listed in the case. When asked about the lawsuit, CMG's CEO Mark Roesler claimed it is about ownership, and the [...]

Beastie Boys Decide To File Lawsuit Against GoldieBlox For Using Song “Girls” In Viral Video Ad

law-legal-concept According to a report on, the Beastie Boys have decided to file a counter lawsuit against the toy company GoldieBlox for copyright infringement, claiming the toy company used the song "Girls" in one of its video ads without permission. This all started mid-November, when the toy company released its "GoldieBlox, Rube Goldberg & Beastie Boys Princess Machine" YouTube video ad with reworked lyrics from the Beastie Boys song "Girls."  The video went viral, generating more than eight million views in just over seven days. Before releasing the video, GoldieBlox failed to get [...]

GoldieBlox Removes “Girls” Music From Video Parody, Hopes For Peace In Letter To The Beastie Boys

law-legal-concept The GoldieBlox legal battle against the Beastie Boys over the band's song "Girls" being used in a parody ads may be nearing an end. Today, GoldieBlox removed the original video, replaced it with one that no longer uses the Beastie Boys music and published an open letter to the band hoping for peace. In a post titled "Our Letter to the Beastie Boys" posted on the GoldieBlox blog, the toy company says it has removed the song from its parody video and is willing to stop legal action it took to use the song as long as the Beastie Boys halt any legal threats. "We don't want to fight with yo [...]

Beastie Boys Fight For Their Right – But Maybe The GoldieBlox “Girls” Parody Video Is Legal?

law-legal-concept Last week, toy company GoldieBlox released its "Goldieblox, Rube Goldberg & Beastie Boys Princess Machine" YouTube video, an ad set to the music of the Beastie's Boys song Girls with reworked lyrics. The video's positive message to empower girls resulted in the ad going viral, generating more than 8.6 million views. The only problem is GoldieBlox never received approval from Beastie Boys to use the band's music. According to a New York Times report yesterday, GoldieBlox filed a suit against the Beastie Boys to deflect a copyright infringement lawsuit, claiming its version of the song [...]

Getty Images Enters Deal To Provide Photo Credits On Images Uploaded To Pinterest

pinterest-copyright-featured Both Pinterest and Getty Images announced last week a joint multi-year deal in which Pinterest will pay Getty Images a fee to attach rich metadata to images uploaded to the social media network. According to the announcement on the Getty Images blog: Getty Images will use our PicScout image recognition technology to identify exclusive Getty Images content on Pinterest. Then, we'll use our API, Connect, to provide relevant metadata to Pinterest - including Getty Images photo credits, where and when the image was shot and more.  Both Pinterest and Getty Images are pushing the new partnersh [...]

Pinterest Gets Tough On Contest Rules By Adding New Language To Its Acceptable Use Policy

pinterest-legal-featured After including a complete set of "Dos and Don'ts" for contests on its Brand Guidelines page in May, Pinterest has taken further action to enforce its contest rules by updating its Acceptable Use Policy this week. According to a blog post on the social media's Business Blog: A few months ago, we updated our contest guidelines to reflect what we’d learned about how contests affect the Pinner experience. We’re now adding these guidelines to our Acceptable Use Policy. That means that, moving forward, we won’t allow contests that: Suggest that Pinterest sponsors or endorses them or t [...]

Twitter’s Latest Transparency Report Details Increases In DMCA, Removal & Information Requests

Twitter Logo Twitter's latest transparency report shows that the company is seeing double-digit increases in data-related requests so far this year from governments and other rights holders. Twitter breaks down the requests it gets into three types: information, removal and copyright notices. All three are up significantly so far in 2013 compared to the same time period a year ago. Information Requests: Twitter has received 1,157 of these so far this year, a 36 percent increase compared to the first half of 2012. Removal Requests: These went from just six last year to 60 so far in 2013, a 1,000% i [...]

Major Ad Networks Sign Anti-Piracy Best Practices Aimed To Starve Piracy Sites Of Ad Revenues

copyright-piracy-cd In a move to combat online piracy and copyright infringement, leading ad networks have agreed to a set of best practices set to cut-off ad revenues from sites hosting pirated media or promoting the sale of counterfeit drugs. The participating ad networks include Google, Yahoo!, Microsoft, 24/7 Media, Adtegrity, AOL, Condé Nast and SpotXchange. Pressure has been mounting on Google, in particular, and the online ad network industry in general to combat online counterfeiting and copyright infringement. Brandon Bailey of SiliconBeat reports many critics are still not satisfied with the [...]

Google Book Scanning Class Action Likely To Disappear

google books It's probably safe to say that Google's entire business is built on the legal foundation of Fair Use. Fair Use is a copyright exception that allows certain parties to reproduce a copyrighted work without paying royalties to the owner. And, Fair Use may represent a complete defense for Google in its long-running court battle with the Authors Guild over its book scanning project. In a major procedural defeat for the Authors Guild, the US Second Circuit of Appeals today voided the class action status of the litigation. The appellate court said that lower court Judge Denny Chin (himself now a m [...]

Recently Rebranded Moz Files Petition To Cancel Online Marketing Company Doz Trademark

computer-internet-legal-law-featured The newly-rebranded Moz, an online marketing software provider, has filed a petition to cancel a trademark of the similarly named online marketing company known as Doz. Moz filed the petition against Doz on April 9, 2013. According to the petition, Moz believes there is a likelihood of confusion between Moz and Doz because of the similarity of names in conjunction with the similarity of each company’s respective services. While Moz's petition was filed nearly two months ago, news of the trademark battle has come to light  just days after Moz announced its rebranding efforts, changing its [...]

Twitter Sued By User Who Wants @SunValley Back, Claims Twitter Acted Like Bully

twitter-legal-law Did Twitter unfairly take away Leonard Barshack's handle and give it to Central Idaho ski resort Sun Valley Co.? After using the Twitter handle @sunvalley since 2010, Barshack received an email from Twitter last year notifying him that a report had been filed declaring he was engaging in "non-parody impersonation" with his Twitter handle. The Associated Press reports Twitter claimed Barshack was violating their policy that mandates an account's profile information "make it clear that the creator of the account is not actually the same person or entity," as the subject of the impersonation. [...]

Facebook Settles Litigation Over “Timelines” Trademark

computer-internet-legal-law-featured Facebook has settled its trademark-infringement litigation over the term Timeline. This was first reported by InsideFacebook based on an SEC filing: We are also party to various legal proceedings and claims which arise in the ordinary course of business. Among these legal matters, in two cases, Summit 6 LLC v. Research in Motion Corporation et al., and Timelines, Inc. v. Facebook, Inc. , we have reached agreements to settle the matters. The cost of settlement in each case, which is included in the accompanying condensed consolidated financial statements for the three months ended March 31, 20 [...]

YouTube Beats Viacom In Copyright Suit (Again); Viacom To Appeal (Again)

youtube-logo-200 To borrow a famous quote from Yogi Berra: It's like deja vu all over again. YouTube beat Viacom again today in the long-running copyright battle the two have waged, and Viacom is again saying that it plans to appeal the ruling. The Hollywood Reporter broke the news and has posted the court's decision, too. In today's ruling, Judge Louis Stanton -- who also ruled in YouTube's favor back in 2010 -- wrote that "the burden of showing that YouTube knew or was aware of the specific infringements of the works in the suit cannot be shifted to YouTube to disprove." That's a fundamental concept of [...]

Facebook Loses Motion, Faces Likely Trial Over Timelines Trademark

Recall that there was a small photo-centric site out of Chicago run by former ShopLocal executives. That site called/calls itself Timelines (plural). It obtained federal trademark registration for its name. Then, Facebook came along and used that term for its, well, Timeline. Timelines has a number of other photo-oriented sites and apps such as Photogram. Timelines the company offered to sell itself or the trademark to Facebook but the latter declined. The smaller company felt that it was only a matter of time before it would simply go out of business because its name and brand were now [...]

Google Prepares New Streaming Music Service As Record Industry Slams Company’s Anti-Piracy Efforts

Google music There were several reports from late last week indicating that Google is negotiating with major labels in anticipation of the launch of Spotify-like music streaming service. As part of these negotiations, according to the LA Times, "Google is proposing a premium subscription service" on YouTube that would encompass music videos and perhaps audio-only songs. The suggested launch window is fall 2013. A well-executed streaming capability would potentially threaten smaller services such as Spotify or MOG. Apple is also rumored to be preparing a streaming Internet radio competitor to Pand [...]

Oracle V. Google Part Deux: The Copyright Appeal

Oracle has filed an appeal in its unsuccessful copyright and patent case against Google involving the Java programming language (specifically Java APIs). Oracle acquired Java when it bought Sun Microsystems several years ago. At trial, Oracle was basically shut out on all its claims. It appears that Oracle is only appealing the copyright portion of the case. The jury originally did find copyright infringement by Google, but also found that Google's selective use of Java in the Android OS constituted "fair use." Fair use is a defense against infringement. The judge in the case, William Al [...] Being Used For Scams, Twitter Seeks To Gain Control Of Rogue Domain

computer-internet-legal-law-featured Too bad Twitter didn't originally register "" as well. It would have saved the company from the headache of trying to gain control of the domain, which is now being used to conduct scam surveys of people who unwittingly arrive thinking they're at The site is set up to intentionally create confusion and make it appear that the actual Twitter is conducting a survey and giving away prizes. The look and feel of the landing page replicates Twitter's earlier design and branding. first reported this story. Twitter has filed a complaint with the Wo [...]

UPDATED: Study: Google, Yahoo & Quantcast Ad Networks Supporting Pirate Movie, Music Sites

piratesites Which ad networks are -- deliberately or inadvertently -- contributing to piracy of movies, TV shows and music by running ads on the sites that enable the illegal distribution of this copyrighted material? Answering that question was the aim of a USC Annenberg Innovation Lab study released today that found that Google, Yahoo and Quantcast are among the top ten networks placing ads on well-known pirate sites. The researchers used Google's transparency report related to copyright violation sites to identify pirate sites, then crawled them to determine what ad networks were serving ads on tho [...]

Get Our News, Everywhere!

Daily Email:

Follow Marketing Land on Twitter @marketingland Like Marketing Land on Facebook Follow Marketing Land on Google+ Subscribe to Our Feed! Join our LinkedIn Group Check out our Tumblr! See us on Pinterest


Click to watch SMX conference video

Join us at one of our SMX or MarTech events:

United States


Australia & China

Learn more about: SMX | MarTech

Free Daily Marketing News!

Marketing Day is a once-per-day newsletter update - sign up below and get the news delivered to you!