Cameo Clips

COPYRIGHT FAIR USE/STAGE PRODUCTIONS

The U.S. District Court for the Northern District of California ruled it was copyright fair use for the music group Green Day to include plaintiff Derek Seltzer's drawing “Scream Icon” as part of a video backdrop when the band played its song “East Jesus Nowhere” in concert. Seltzer v. Green Day Inc., CV 10-2103. Green Day's set designer Richard Staub had taken the “Scream” image from a wall on which Seltzer had displayed it in Los Angeles.

District Judge Philip S. Gutierrez found: “[T]he video backdrop created for East Jesus Nowhere is transformative. The different visual elements Staub added, including graffiti, a brick backdrop, and (especially) the large red cross over the image, considered in connection with the music and lyrics of East Jesus Nowhere, 'add[] something new, with a further purpose or different character' than Plaintiff's original work'” (quoting Campbell v. Acuff-Rose Music Inc., 510 U.S. 569 (1994). The district judge also noted “that because Defendants' use of Scream Icon was transformative, it is not likely to usurp the original or derivative market for Plaintiff's work.”

The U.S. District Court for the District of Connecticut decided it lacked personal jurisdiction over a Canadian-based developer of a movie-times mobile application. West World Media (WWM) v. Ikamobile Ltd., 3:11cv00169. Ridgefield, CT-based West World compiles and sells movie showtime data. Ikamobile distributes the ad-supported cell-phone application Movie Finder. West World sued, alleging Ikamobile users access information that West World gathers. Causes of action included “hot news” misappropriation and violation of Connecticut's Unfair Trade Practices Act. Dismissing the suit, District Judge Alvin W. Thompson emphasized: “Although Ikamobile conveys information to customers of movie theaters in Connecticut, it does not do so for the purpose of soliciting or continuing to get business from Connecticut consumers, but instead, does so for the purpose of soliciting and continuing to get business from Ikamobile's advertisers, who give or will give business to Ikamobile because of the information Ikamobile puts on its website. ' Also, there is no allegation that any such advertiser or potential advertiser is located in Connecticut.”

COPYRIGHT FAIR USE/STAGE PRODUCTIONS

The U.S. District Court for the Northern District of California ruled it was copyright fair use for the music group Green Day to include plaintiff Derek Seltzer's drawing “Scream Icon” as part of a video backdrop when the band played its song “East Jesus Nowhere” in concert. Seltzer v. Green Day Inc., CV 10-2103. Green Day's set designer Richard Staub had taken the “Scream” image from a wall on which Seltzer had displayed it in Los Angeles.

District Judge Philip S. Gutierrez found: “[T]he video backdrop created for East Jesus Nowhere is transformative. The different visual elements Staub added, including graffiti, a brick backdrop, and (especially) the large red cross over the image, considered in connection with the music and lyrics of East Jesus Nowhere , 'add[] something new, with a further purpose or different character' than Plaintiff's original work'” (quoting Campbell v. Acuff-Rose Music Inc. , 510 U.S. 569 (1994). The district judge also noted “that because Defendants' use of Scream Icon was transformative, it is not likely to usurp the original or derivative market for Plaintiff's work.”

The U.S. District Court for the District of Connecticut decided it lacked personal jurisdiction over a Canadian-based developer of a movie-times mobile application. West World Media (WWM) v. Ikamobile Ltd., 3:11cv00169. Ridgefield, CT-based West World compiles and sells movie showtime data. Ikamobile distributes the ad-supported cell-phone application Movie Finder. West World sued, alleging Ikamobile users access information that West World gathers. Causes of action included “hot news” misappropriation and violation of Connecticut's Unfair Trade Practices Act. Dismissing the suit, District Judge Alvin W. Thompson emphasized: “Although Ikamobile conveys information to customers of movie theaters in Connecticut, it does not do so for the purpose of soliciting or continuing to get business from Connecticut consumers, but instead, does so for the purpose of soliciting and continuing to get business from Ikamobile's advertisers, who give or will give business to Ikamobile because of the information Ikamobile puts on its website. ' Also, there is no allegation that any such advertiser or potential advertiser is located in Connecticut.”