FBI to Investigate Breitbart, Other Media Outlets, Over Russian Ties

The FBI is getting ready to investigate Breitbart News and some other right wing media outlets to see whether they cooperated with Russia to boost President Donald Trump during the 2016 campaign. The agency is reportedly looking into online bots that pushed out fake and real news stories that were supportive of Trump. The automated bots would create millions of posts on social media that linked to far-right sites like Breitbart, and Russian-backed outlets like RT and Sputnik News. Observers noticed that whenever damaging information about Trump was revealed or his campaign was thought to be struggling, anti-Clinton posts would surge.

Investigators will try to determine whether the media outlets knew what the bots were doing when they were pushing fake news. This announcement resulted in mixed reactions on social media. While many thought this investigation was a long time coming, some expressed concerns about freedom of the press.

Am I the only one who thinks an FBI counter-intel investigation of Breitbart is a dangerous move for press freedom? https://t.co/jn0eZHM3zI

— David Mastio (@DavidMastio) March 21, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

John Kasich Skips RNC, Trump Camp Calls Him Out

Donald Trump’s chief advisor used the first day of the Republican National Convention to call out John Kasich for not endorsing Donald Trump or participating in the convention. “He’s embarrassing his party in Ohio,” Mr. Manafort said.

Kasich’s decision was influenced by his own campaign strategist, who thinks Kasich’s chances of winning are better if he does not back Trump. This assumption is what Manafort called “a dumb, dumb, dumb thing.” Maybe John Kasich is actually taking the smart route, staying home and playing RNC drinking games like the rest of us!

via GIPHY

Rant Crush

RantCrush collects the top trending topics in the law and policy world each day just for you.

The post RantCrush Top 5: July 19, 2016 appeared first on Law Street.

A judge just struck down accusations of plagiarism against “New Girl,” arguing that there was not enough evidence for the plaintiffs, writers Stephanie Counts and Shari Gold, to prove that the show’s concept was originally theirs. So, despite the fact that Counts and Gold were asking for the show’s production to cease, it’s safe to say we’ll be all seeing “New Girl” on FOX for at least a little while longer.

Counts and Gold claim that the premise of “New Girl” resembled the pilot of a show they wrote, called “Square One.” In their lawsuit, Counts and Gold posited that there were a few different ways that the people behind “New Girl”–namely Peter Chernin, whose company produces “New Girl,” and showrunner Elizabeth Meriwether–could have seen the “Square One” script.  One was that Counts and Gold showed the script to an independent producer named Holly Harter, who shared it with a the William Morris Endeavor (WME) talent agency. Chernin and Meriweather were also represented by WME at the time–Counts and Gold allege that it could have fallen into their hands through the agency. Another theory presented by Counts and Gold was that Meriweather knew a WME agent named David Karp–they argued he could have somehow given her the script. Either way, Counts and Gold argued that WME was the path that connected their show and “New Girl,” and therefore included WME and several of its agents in the lawsuit as well.

Counts and Gold claimed that the similarities between “Square One” and “New Girl” were obvious. For one, the premise is similar–Counts based her version on her real-life experience of discovering her husband was cheating and then moving into a bachelor pad with three male roommates. That’s almost exactly how “New Girl” starts, although the “new girl” character has a cheating boyfriend, not husband. Additionally, Counts and Gold argue that they actually suggested Zooey Deschanel, the lead of “New Girl” as the start of “Square One,” and that some of the characters featured in the show were similar, including one of the male roommates who is a bartender.

However, in a decision handed down just before the new year, U.S. District Judge Stephen V. Wilson proclaimed that Counts and Gold didn’t have enough evidence to show that Meriweather or others involved in the production of “New Girl” could have accessed the “Square One” script. Additionally, he pointed out that the similarities alleged by Counts and Gold weren’t very strong, writing:

Moreover, even assuming arguendo that a triable issue of access exists, no reasonable jury could conclude that there are substantial similarities in the plot, sequence of events, characters, mood, pace, setting, theme or dialogue between ‘Square One’ and ‘New Girl.’ For these reasons, the Court grants Defendants’ motion for summary judgment

So, the lawsuit has been essentially stopped in its tracks–Counts and Gold won’t get the money they were looking for, or the cessation of all future episodes. It’s certainly good news for “New Girl’s” fans–and good timing too, as the show returns to FOX tonight with a new episode.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Thousands of people try to make it big in the comedy world each year. Whether you are making YouTube and Vine videos or you are working the comedy club circuit, what rights do you really have to your own material? Successful comedy builds on the human experience, so many jokes seem to be about similar topics, but what are the chances that the wording two comedians use will be the same?

Accusations are thrown from one comedian to another over who really “created” a bit, causing problems for everyone from the late Robin Williams to Jimmy Fallon. It’s important to keep in mind that jokes are in essence little stories or songs–it takes time to perfect the verbiage, and then it takes even more time to perfect the delivery. These jokes, theoretically, are the creative property of the person who initially tells them, but it’s a little more complicated than that. Read on to learn about different rights and controversies in comedy plagiarism.

Protecting Comedy

Legally, it can be very difficult for comedians to protect their content–much harder than it would be for writers, singers, or even actors. Most comedians don’t record their shows, especially when they are just starting out in the business. They also may change up their routines each night depending on the way they read the crowd. They might tell the same joke, but use different words or a different delivery, which makes it hard to prove that it was “their” joke. Many comedians are now recording their sets (made easier with the proliferation of smartphones) as a way to publicize their acts, but also in anticipation that there will be some way to copyright what they do.

Copyright in the Internet Age

Comedians who post material on YouTube, Vine, or other social media sources face an even higher risk of being infringed upon because often the videos get buried in the plethora of material found online. In the video below, check out the reactions of YouTubers who watch Jimmy Fallon sketches that many claim have been stolen from famous YouTube comedians or video-bloggers. The comments come toward the end of the video.

The Independent recently published a piece highlighting the trouble with plagiarism within the comedic community. In an article titled “Plagiarism is No Laughing Matter for Comedians,” Gary Delaney, a British comic, spoke about his own interactions with the internet and his material:

It used to be the case that a comic’s set would last decades. But now I’ve got jokes I wrote in May, June, and July that aren’t working by October because they’ve been absolutely trashed around the Internet.

There are some products currently available to comedians, including a piece of software called iThenticate, which is often used by students to check papers for plagiarism; however, it could also be used to help comedians determine if their jokes have been duplicated online. The catch is that it can only find jokes that have been plagiarized in someone else’s writing, not in another format such as audio or video.

YouTube is able to find duplicate content through a system called ContentID; however, this system only works for videos that are similar–so it won’t do anyone any good if it is someone different telling the jokes or doing a funny scene. It just catches people who re-upload someone else’s videos.

YouTube itself has plagiarism rules, but they tend to focus more on the “big” companies or figures. For instance, reposted videos from Jimmy Kimmel’s “Celebrities Read Mean Tweets” series are more likely to be found and deleted than someone finding and re-posting a make-up tutorial from Gigi Gorgeous–even though she has well over a million followers. It all has to do with who brings in the most money, and that tends to be powerhouse comedians with television followings.

YouTubers, especially famous YouTubers like Jenna Marbles, Grace Helbig, Tyler Oakley, and Shane Dawson–have taken to doing “challenges” where they credit the original idea, but the question remains as to whether or not those will catch on.

So, can you steal comedy?

What exactly would the stealing of jokes entail? Since we are all living in the same world, it is important to note that the best jokes are often rooted in current events. This means that many jokes will have similar tones or topics, but the punchlines will be different. Take a look at this video of the late night hosts making similar jokes about ObamaCare.

Each one has a similar topic and each one has similar points–but they all tell the jokes a little bit differently with unique styles and takes on the topic.

Famous comedians, including Patton Oswalt, have admitted that sometimes jokes can be similar, even if someone has never heard the joke before. He also says that sometimes the joke slips out without thinking, saying: “Sometimes someone else’s joke sneaks into one’s brain without attribution, leading to an accidental instance of punch-line thievery. But the correct thing to do in that case is apologize and not do it again.” In fact, some of our most famous comedians have “stolen.” Milton Berle is a classic comedian, and even he has admitted to borrowing a joke or two.

But what is it that makes a joke original and someone’s property in the first place? That’s another problem that comedians have to identify and contend with. For example, “SNL” was recently accused of ripping off a “tiny hats” sketch. The two sketches in question here actually aren’t that similar, save for the fact that characters in them wear tiny hats as part of the punchline. Tim and Eric, the comedians doing the accusing, essentially claimed ownership over the comedic idea of tiny hats–but how could someone determine if that’s true? There’s no easy answer to these kind of controversies, or any real body of law to help comedians make these judgments.

Case Study: Carlos Mencia

One of the most reviled comedians of the last few years is Carlos Mencia, who was confronted at one of his shows for stealing jokes. A video of the confrontation is found here. It contains graphic language, and most likely is not appropriate for work, but shows the argument between the comedian and his accuser.

Mencia has been accused of stealing jokes from George Lopez, Ari Shaffir, and Bobby Lee. One of his more famous accused thefts comes from Bill Cosby.

Though there was really nothing that any of the comedians could do about the theft, Mencia still felt the repercussions after the accusations. His fanbase shrank and a comedian who once had a bright career now struggles to pick up the pieces.

But Mencia is just one example of comedians who have been accused of stealing jokes. “South Park”  came under fire over an “Inception” joke that was already written for College Humor. Future “Daily Show” host Trevor Noah was accused of stealing jokes from Russell Peters. In another instance, Howie Mandel was accused of stealing a  joke from an “America’s Got Talent” hopeful.

Conclusion

So is there a reason to create laws around jokes and the rights of comedians? The United Kingdom already has some select laws, including one that says that any joke that is recorded is the sole property of that person. In an age where almost everything is recorded, we might be getting there worldwide. Until then, it is up to comedians to hold him or themselves accountable for the material they deliver–it ought to come straight from them and their own mind. While the laws may not quite be there yet, public reception is still something for comedians to worry about.

 Resources

Independent: Plagiarism is No Laughing Matter For Comedians

Time: Patton Oswalt on the Unsavory Business of Joke Theft

Center for Journalism Ethics: Comedian Daniel Tosh Calls Out ESPN For Plagiarism… With a Bit of His Own

Comedy Clinic: BUSTED! Comedian Caught Stealing Another Comic’s Material During ‘America’s Got Talent’ Taping?

Cracked: Six Ways to Not Suck at Stand-Up Comedy

Mediaite: Comedian Russell Peters Claims Trevor Noah Steals Jokes: ‘You Don’t Borrow in This Business’

Mental Floss: Stop Me if You’ve Heard This Before: A Look at Comedy Plagiarism

Plagiarism Today: YouTube’s Copyright Problem

Plagiarism Today: The Copyright Frustrations of a YouTuber

Slate: For Sale: Milton Berle’s Complete Joke Files

Split Sider: Is There Ever a Justification for Joke Stealing?

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Already Heard That One? Problems in Comedy Plagiarism appeared first on Law Street.

A lawsuit filed in Pennsylvania claiming that the popular English rock band Led Zeppelin plagiarized the iconic song “Stairway to Heaven” is moving forward after a federal judge denied the band’s motion to dismiss the case. The case claims that Zeppelin lifted parts of “Stairway” from “Taurus,” a song by the lesser-known American band, Spirit. The suit was filed by the Randy Craig Wolfe Trust, a group that’s made up of family members of Spirit’s founder, better known as Randy California. They stand to gain a chunk of Zeppelin’s earnings from the song, which as of 2008 were valued at about $562 million.

“Stairway” was released in 1971, three years after “Taurus.” It’s possible that Zeppelin was heavily influenced by Spirit, as they played together several times in 1968 and 1969. When listened to, no Zeppelin fan can deny that the two songs are very similar. Namely, the opening to the eight-minute “Stairway” sounds a lot like the entirety of Spirit’s two-and-a-half minute song, which is an instrumental with no vocals.

The plaintiff’s complaint is amended from an original one filed in May. Zeppelin’s lawyers in September filed a motion to dismiss the case, arguing that there was no sense in the suit taking place in Pennsylvania, as they’re all British citizens who have no connection or property in Pennsylvania. Zeppelin’s motion said that they’d be willing to move the case to Los Angeles, but Philadelphia Federal District Court Judge Juan Sánchez denied the motion to dismiss after the plaintiff amended the case to say that Zeppelin has made money off of Stairway in Pennsylvania, and therefore it is an appropriate venue.

The Daily Beast points out that Zeppelin is no stranger to lawsuits about its content. The band has been sued by for its songs, “Bring It on Home,” “Killing Floor,” and “Dazed and Confused” by artists alleging that Zeppelin’s songs are too similar to their own. All those cases, however, were settled outside of the courtroom.

If this case doesn’t end in a settlement, however, a court would have to rule whether Zeppelin infringed Spirit’s copyright by deciding whether “Stairway” sounds like “Taurus.” Even if the judge or jury believes that Zeppelin copied Spirit subconsciously, precedent tells us it’s enough to say they plagiarised. In an infamous 1976 case, former Beatle George Harrison was found liable of copyright infringement for using similar music in his song “My Sweet Lord” as the song “He’s So Fine” by Ronald Mack. The court ruled that Harrison unconsciously plagiarized Mack’s work

Although this may sound like the beginning of the end for “Stairway’s” reign as one of rock and roll’s greatest songs, the details of the case suggest otherwise. Sánchez denied Zeppelin’s motion to dismiss “without prejudice to reassertion as to Plaintiff’s Amended Complaint.” As an article in Bloomberg Businessweek explains, all that complicated legalese means is that Zeppelin can argue another reason to dismiss the case, and they’ll probably succeed.

That being said, it’s noteworthy that Zeppelin picked the Pennsylvania venue as the reason to ask for a dismissal, and that they are willing to take on the case in California, where Spirit is from and where there could be more relevant witnesses. If Zeppelin has a better reason to dismiss the case, they might have used it already. There is no telling at this point, but I have to say, ooh, it makes me wonder.

—

Zaid Shoorbajee (@ZBajee)

Featured image courtesy of [Heinrich Klaffs vi Flickr]

Zaid Shoorbajee

Zaid Shoorbajee is a an undergraduate student at The George Washington University majoring in journalism and economics. He is from the Washington, D.C. area and likes reading and writing about international affairs, politics, business and technology (especially when they intersect). Contact Zaid at staff@LawStreetMedia.com.

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If you’ve believed that motion pictures like “Aladdin,” “The Lion King,” and “The Little Mermaid” were fictitious, which seems plausible since they’re, well, animated and also contain imaginary characters, then you may be sadly mistaken. According to a federal court complaint, Isabella Tanikumi, whose pseudonym is L. Amy Gonzales, has sued the Walt Disney Company for a whopping $250 million because Tanikumi believes that Disney plagiarized her life story in order to make its most successful animated film of all time, “Frozen.”

Tanikumi alleges that Disney took her life story from her autobiography, “Living My Truth.” Tanikumi claims that “Frozen” plagiarizes “Living My Truth” in 18 ways, including its plot, characters, and story. According to Fox News, the most interesting claims are that “Frozen” and “Living My Truth” both take place in the snow-covered mountains; the sisters’ Elsa and Anna in the movie have different colored hair, own horses, and love each other just like Isabella, the main character in the autobiography, and her sister; Isabella’s two love interests in the book are Hans and Christof, just like Anna’s romantic interests are Hans and Kristoff in “Frozen;” and Elsa’s sister, Anna, dies in an accident just like Isabella’s sister.

Moreover, Fox News reports that Tanikumi alleges that the movie’s now-famous soundtrack is plagiarized too because songwriters and the movie writers took portions of her life story to develop it.

When I think of Tanikumi’s lawsuit, the case that comes to mind is Nichols v. Universal Pictures. In that case, an author who wrote a play entitled “Abie’s Irish Rose” — which was about a young Jewish man who marries an Irish Catholic girl against the wishes of both of their fathers — alleged that the producers of “The Cohens and Kellys” — which was about a young Catholic man who marries a Jewish girl against their fathers’ wishes — infringed the play’s copyright. The doctrine that came out of Nichols is called “scenes a faire,” which is a French term meaning “a scene that must be made,” and refers to scenes and elements in a book or film that are obligatory for a genre. For example, westerns have protagonists who have guns, holsters, and ride horses, as well as an obligatory scene where the protagonist has a showdown with the antagonist, which are uncopyrightable because authors need those elements and scenes to create other western films and stories. The Nichols court said that as long as “The Cohens and Kellys” took “scenes a faire,” then they didn’t infringe the copyright of “Abie’s Irish Rose.”

In Tanikumi’s case, Disney may point to the “scenes a faire” doctrine of its coming-of-age tale to refute the writer’s claims. However, it is more likely that Disney will argue that Tanikumi has a “failure to state a claim,” which means that Tanikumi has no case because her life story is not “substantially similar” to “Frozen,” which is an element needed to prove copyright infringement.

I will be surprised to see if this case moves very far, but nevertheless, I will be eagerly watching to see the next development.

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Joseph Perry (@jperry325) is a 3L at St. John’s University whose goal is to become a publishing and media law attorney. He has interned at William Morris Endeavor, Rodale, Inc., Columbia University Press, and is currently interning at Hachette Book Group and volunteering at the Media Law Resource Center, which has given him insight into the legal aspects of the publishing and media industries.

Featured Image Courtesy of [Dawn Ashley via Flickr]

Joseph Perry

Joseph Perry is a graduate of St. John’s University School of Law whose goal is to become a publishing and media law attorney. He has interned at William Morris Endeavor, Rodale, Inc., Columbia University Press, and is currently interning at Hachette Book Group and volunteering at the Media Law Resource Center, which has given him insight into the legal aspects of the publishing and media industries. Contact Joe at staff@LawStreetMedia.com.

The post Author Sues Disney for $250 Million Claiming “Frozen” is Based on Her Life appeared first on Law Street.

Rachel Ann Nunes may not have made it to your personal library (or maybe she did — I don’t know what you read), but she apparently made it to Tiffani Rushton’s. Nunes is the author of, among other books, a Christian novel entitled A Bid for Love. Third grade teacher (that is pretty irrelevant to the story, but somehow makes what I am about to say that much worse) Rushton read the book and had a thought.

“What,” I assume she asked herself, “could make this Christian novel even better?” And then, light bulb! She knew the answer!

Graphic sex scenes!

Because, of course, every book is made better with graphic sex scenes.

Now that she had her million dollar idea, she just ran with it. She wrote The Auction Deal – an e-book that, from what I gather, is basically just A Bid for Love with the aforementioned sex. Unfortunately for her, Nunes somehow got a hold of the novel and was not left as satisfied as all that sex was supposed to make her.

Courtesy of Tumblr.

So, she sued Rushton claiming plagiarism.

Perhaps Rushton had an agenda here. She is, after all, a third grade teacher. And the best way to remember things is if you have a real world example, right? So, maybe ‘plagiarize’ was going to make the weekly vocabulary list and Rushton had the perfect example sentence for her students…

“For word three: plagiarize. It means to act like somebody else’s ideas are your ideas. For example, when Ms. Rushton added detailed sex scenes to someone else’s story and then said she wrote the whole book, she plagiarized, which is why she probably will lose a whole lot of money in court.”

I bet a lot of students will get that one right come test day, so Ms. Rushton might just deserve teacher of the month.

Assuming education was not her main goal, though, did she really plagiarize? I wanted to see just exactly how closely these books were related. To that end, I went to my favorite store, Amazon, to look up the descriptions of these books. Here is what I found –

A Bid for Love:

Cassi is the head buyer for a prestigious art gallery in California. Jared is a buyer for an exclusive New York gallery. Sparks fly as the two come head to head in a bidding war for a hideous but very expensive Indian Buddha. Cassi and Jared are both determined to win the statue, but others also want the Buddha—at any cost. Thugs, art forgers, the FBI, or Jared’s beautiful and alluring boss . . . who will end up with the statue? During a string of hair-raising exploits, Cassi and Jared are forced to develop a tentative friendship that deepens into romance. Will they survive long enough to see it through? Best-selling author Rachel Ann Nunes has crafted a wonderfully intriguing and romantic drama in this fast-moving novel, bringing two idealistic people together from opposite edges of the continent and allowing them, in their own way, to find an unexpected connection to their Christian faith and each other. In the end, their very lives depend on the trust they’ve developed. If you love romance and excitement, you’ll be captivated by A Bid for Love.

The Auction Deal:

Huh. A search for this book (and Tiffani Rushton) just brings back results for A Bid for Love. Okay. So that doesn’t help. Because I have nothing to give you from Amazon, and I am much too lazy to see if other sources have a description, I am forced to write my own idea of what this book is about (completely out of my head and with no help from any other source):

Cassi Ella is the head buyer for a prestigious art gallery in California. Jared Lance is a buyer for an exclusive New York Chicago gallery. Sparks fly as the two come head to head in a bidding war for a hideous but very expensive Indian Buddha. Cassi and Jared Ella and Lance are both determined to win the statue, but others also want the Buddha—at any cost. Thugs, art forgers, the FBI, or JaredLance’s beautiful and alluring boss . . . who will end up with the statue? During a string of hair-raising exploits, Cassi and Jared Ella and Lance are forced to develop a tentative friendship that deepens into romance. Will they survive long enough to see it through? Best-selling author Rachel Ann Nunes Tiffani Rushton has crafted a wonderfully intriguing and romantic drama in this fast-moving novel, bringing two idealistic people together from opposite edges of the continent and allowing them, in their own way, to find an unexpected connection to their Christian faith and each other by having hot graphic sex. In the end, their very lives depend on the trust they’ve developed. If you love romance and excitement, you’ll be captivated by A Bid for Love The Auction Deal. 

Hmm. I don’t know if I am convinced these sound that much alike. I guess we will all have to wait with bated breath for the sinewy, devil-may-care judge to slowly but powerfully pound his long gavel…

Courtesy of Tumblr.

…and give us his ruling.

(Here is a real summary of Rushton’s book from Goodreads. As you will note, the full title appears to be NOT A BOOK: The Auction Deal.)

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Ashley Shaw (@Smoldering_Ashes) is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time.

Feature Image courtesy of [Stephen Coles via Flickr]

Ashley Shaw

Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

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