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	<title>Comments for Ex©lusive Rights</title>
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	<link>http://www.exclusiverights.net</link>
	<description>A copyright law blog covering litigation, policy and academia</description>
	<lastBuildDate>Wed, 10 Mar 2010 19:29:41 -0400</lastBuildDate>
	
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		<title>Comment on 10th Cir.: Court reporters do not own a copyright in the transcripts that they prepare by Court Reporter</title>
		<link>http://www.exclusiverights.net/2009/08/10th-cir-court-reporters-do-not-own-a-copyright-in-the-transcripts-that-they-prepare/comment-page-1/#comment-45004</link>
		<dc:creator>Court Reporter</dc:creator>
		<pubDate>Wed, 10 Mar 2010 19:29:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=2375#comment-45004</guid>
		<description>I sacrificed so much of my life going to court reporting school in Texas while working another job at the same time.  I never knew the toll it would eventually take on my body.  I know for a fact this job will shorten my life because of the stress it causes, mentally and physically.  The problem is that we make it look so easy.  Let me assure you that it&#039;s not.  If anyone knew how hard this job is, you would never even think of taking our work product without paying.  

 People don&#039;t realize how much we spend for many, many computers, many versions of our specialized software and also the writers.  Court reporting software companies force us to pay for their software over and over and over again.  One particular software company charges $3,500 for the software which is obsolete after a couple of years and another $5,000 for the writer which is outdated just about every year or breaks down and it&#039;s time to purchase another one.  They have software people who are constantly making changes to the software just to make money off of court reporters.  So every time you complain about paying for a transcript, think about that.   We deserve every penny that a transcript brings in, because we just turn around and give it back to the technology market and to IRS.  I work so, so hard and I have missed out on a lot of my life and I feel that the money I have left over, which really isn&#039;t much after everyone else is paid, could never be enough to compensate me for the sacrifices I&#039;ve made.  If I had it to do over again, I wouldn&#039;t do it.</description>
		<content:encoded><![CDATA[<p>I sacrificed so much of my life going to court reporting school in Texas while working another job at the same time.  I never knew the toll it would eventually take on my body.  I know for a fact this job will shorten my life because of the stress it causes, mentally and physically.  The problem is that we make it look so easy.  Let me assure you that it&#8217;s not.  If anyone knew how hard this job is, you would never even think of taking our work product without paying.  </p>
<p> People don&#8217;t realize how much we spend for many, many computers, many versions of our specialized software and also the writers.  Court reporting software companies force us to pay for their software over and over and over again.  One particular software company charges $3,500 for the software which is obsolete after a couple of years and another $5,000 for the writer which is outdated just about every year or breaks down and it&#8217;s time to purchase another one.  They have software people who are constantly making changes to the software just to make money off of court reporters.  So every time you complain about paying for a transcript, think about that.   We deserve every penny that a transcript brings in, because we just turn around and give it back to the technology market and to IRS.  I work so, so hard and I have missed out on a lot of my life and I feel that the money I have left over, which really isn&#8217;t much after everyone else is paid, could never be enough to compensate me for the sacrifices I&#8217;ve made.  If I had it to do over again, I wouldn&#8217;t do it.</p>
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		<title>Comment on Daily Copyright Roundup by oxana</title>
		<link>http://www.exclusiverights.net/2010/02/daily-copyright-roundup-9/comment-page-1/#comment-44005</link>
		<dc:creator>oxana</dc:creator>
		<pubDate>Wed, 24 Feb 2010 16:55:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=3271#comment-44005</guid>
		<description>Give copyright back to the authors 

Actually, copyright law itself is not that complex.  The structure behind it is. Collecting societies, music publishers and record companies, who knows what they are doing? Imagine, you’re a small artist who wants to be famous. Sign here, sign here and sign here. Before you know it you don’t have any rights left, including income from gigs and merchandising.  It used to be evident that we wanted to reward the  creativity of people. Nowadays, it’s not that obvious anymore.  My idea is that we should not discuss copyright law, but how to protect the performing, reproduction and any other rights of the music authors.  Luckily I’m not the only one who is worried. It can’t be any coincidence that the Featured Artists Coalition was founded. They want the artists to have more control of their music  and a much fairer share of the profits it generates in the digital age.  But there is also another way.   The internet is a promising marketing environment, fit for individual management of copyright and the delivery of rights on demand to users. In these circumstances the music authors are in full control of their rights. And is that not what it used to be all about? Giving the advantages of being creative to such persons? I hope the authors will be more and more aware of the fact that they have a strong legal position. Check out VillaMusicRights.</description>
		<content:encoded><![CDATA[<p>Give copyright back to the authors </p>
<p>Actually, copyright law itself is not that complex.  The structure behind it is. Collecting societies, music publishers and record companies, who knows what they are doing? Imagine, you’re a small artist who wants to be famous. Sign here, sign here and sign here. Before you know it you don’t have any rights left, including income from gigs and merchandising.  It used to be evident that we wanted to reward the  creativity of people. Nowadays, it’s not that obvious anymore.  My idea is that we should not discuss copyright law, but how to protect the performing, reproduction and any other rights of the music authors.  Luckily I’m not the only one who is worried. It can’t be any coincidence that the Featured Artists Coalition was founded. They want the artists to have more control of their music  and a much fairer share of the profits it generates in the digital age.  But there is also another way.   The internet is a promising marketing environment, fit for individual management of copyright and the delivery of rights on demand to users. In these circumstances the music authors are in full control of their rights. And is that not what it used to be all about? Giving the advantages of being creative to such persons? I hope the authors will be more and more aware of the fact that they have a strong legal position. Check out VillaMusicRights.</p>
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		<title>Comment on &#8220;Plaintiffs may only recover one award of statutory damages per musical composition per Defendant&#8221; by FYI News Roundup For Monday, February 22 &#124; fyimusic.ca</title>
		<link>http://www.exclusiverights.net/2010/02/plaintiffs-may-only-recover-one-award-of-statutory-damages-per-defendant/comment-page-1/#comment-43862</link>
		<dc:creator>FYI News Roundup For Monday, February 22 &#124; fyimusic.ca</dc:creator>
		<pubDate>Mon, 22 Feb 2010 19:21:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=3260#comment-43862</guid>
		<description>[...] US court has ruled that statutory damages may only recovered once per musical composition. A claim against a Yahoo [...]</description>
		<content:encoded><![CDATA[<p>[...] US court has ruled that statutory damages may only recovered once per musical composition. A claim against a Yahoo [...]</p>
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		<title>Comment on 10th Cir.: Court reporters do not own a copyright in the transcripts that they prepare by Stella</title>
		<link>http://www.exclusiverights.net/2009/08/10th-cir-court-reporters-do-not-own-a-copyright-in-the-transcripts-that-they-prepare/comment-page-1/#comment-43365</link>
		<dc:creator>Stella</dc:creator>
		<pubDate>Thu, 11 Feb 2010 05:38:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=2375#comment-43365</guid>
		<description>It will be an interesting judicial system when no transcripts exist because reporters cannot afford to work without being paid for copies or transcripts are unreadable as the result of being produced from audio sent to foreign transcriptionists.</description>
		<content:encoded><![CDATA[<p>It will be an interesting judicial system when no transcripts exist because reporters cannot afford to work without being paid for copies or transcripts are unreadable as the result of being produced from audio sent to foreign transcriptionists.</p>
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		<title>Comment on Copyright Office: Distribution of a work online is a publication by Scholarly Communications @ Duke &#187; LOL at the Federal Register</title>
		<link>http://www.exclusiverights.net/2010/01/copyright-office-distribution-of-a-work-online-is-a-publication/comment-page-1/#comment-43164</link>
		<dc:creator>Scholarly Communications @ Duke &#187; LOL at the Federal Register</dc:creator>
		<pubDate>Fri, 05 Feb 2010 15:14:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=3083#comment-43164</guid>
		<description>[...] The Copyright Office notice details a interim rule that makes an interesting change in Office policy.  Essentially, the Office is now giving itself the right to ask for mandatory deposit of a certain class of online-only publications.  Deposit is mandatory for all published works, although failure to comply with this rule does not impact the availability of copyright protection itself.  But until now the Office has exempted online-only publications and, indeed, has not taken a position on whether or not such works are actually &#8220;published.&#8221;  In this notice they do acknowledge, based on several court rulings, that online material is published, and they extend the mandatory deposit requirement to a circumscribed class of online-only works &#8212; essentially formal periodicals that are published online without a print equivalent.  The requirement of deposit is not automatic even for these works; it will be triggered only if the Copyright Office makes a demand.  And the notice is careful to exclude things like blog posts, although this blogger wonders how successful that effort really is. [...]</description>
		<content:encoded><![CDATA[<p>[...] The Copyright Office notice details a interim rule that makes an interesting change in Office policy.  Essentially, the Office is now giving itself the right to ask for mandatory deposit of a certain class of online-only publications.  Deposit is mandatory for all published works, although failure to comply with this rule does not impact the availability of copyright protection itself.  But until now the Office has exempted online-only publications and, indeed, has not taken a position on whether or not such works are actually &#8220;published.&#8221;  In this notice they do acknowledge, based on several court rulings, that online material is published, and they extend the mandatory deposit requirement to a circumscribed class of online-only works &#8212; essentially formal periodicals that are published online without a print equivalent.  The requirement of deposit is not automatic even for these works; it will be triggered only if the Copyright Office makes a demand.  And the notice is careful to exclude things like blog posts, although this blogger wonders how successful that effort really is. [...]</p>
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		<title>Comment on First Circuit: Copyright Act does not preempt termination of license under NY contract law by Entertainment Law News for 2.2.10 &#171; FIU SELS</title>
		<link>http://www.exclusiverights.net/2010/02/first-circuit-copyright-act-does-not-preempt-termination-under-ny-contract-law/comment-page-1/#comment-43024</link>
		<dc:creator>Entertainment Law News for 2.2.10 &#171; FIU SELS</dc:creator>
		<pubDate>Tue, 02 Feb 2010 21:29:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=3125#comment-43024</guid>
		<description>[...] The 1st Circuit has ruled that a state court lawsuit over the transfer of a copyrighted song was not preempted by the federal Copyright Act because the transfer wasn&#8217;t in writing and the rights to the song could be terminated regardless of state contract law. [Copyright Law Blog] [...]</description>
		<content:encoded><![CDATA[<p>[...] The 1st Circuit has ruled that a state court lawsuit over the transfer of a copyrighted song was not preempted by the federal Copyright Act because the transfer wasn&#8217;t in writing and the rights to the song could be terminated regardless of state contract law. [Copyright Law Blog] [...]</p>
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		<title>Comment on 11th Cir.: Rooker-Feldman doctrine allows for federal review if action is filed when a state appeal is still pending by RJ Genins</title>
		<link>http://www.exclusiverights.net/2009/02/11th-cir-rooker-feldman-doctrine-allows-for-federal-accounting-action-if-state-accounting-appeal-is-pending/comment-page-1/#comment-42842</link>
		<dc:creator>RJ Genins</dc:creator>
		<pubDate>Fri, 29 Jan 2010 21:46:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=808#comment-42842</guid>
		<description>does RF doctrine preclude the same claim in a federal diversity action case

If so, even if there is a right under that State&#039;s law to collaterally attack the subject &quot;Judgment&quot; or Order?</description>
		<content:encoded><![CDATA[<p>does RF doctrine preclude the same claim in a federal diversity action case</p>
<p>If so, even if there is a right under that State&#8217;s law to collaterally attack the subject &#8220;Judgment&#8221; or Order?</p>
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		<title>Comment on Supreme Court denies cert in Arista Records v. Launch Media by Supreme Court denies cert in Arista Records v. Launch Media</title>
		<link>http://www.exclusiverights.net/2010/01/supreme-court-denies-cert-in-arista-records-v-launch-media/comment-page-1/#comment-42772</link>
		<dc:creator>Supreme Court denies cert in Arista Records v. Launch Media</dc:creator>
		<pubDate>Wed, 27 Jan 2010 14:08:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=3078#comment-42772</guid>
		<description>[...] VIEW ARTICLE SOURCE [...]</description>
		<content:encoded><![CDATA[<p>[...] VIEW ARTICLE SOURCE [...]</p>
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		<title>Comment on Supreme Court asks SG to brief Costco v. Omega by Thomo</title>
		<link>http://www.exclusiverights.net/2009/10/supreme-court-asks-sg-to-brief-costco-v-omega/comment-page-1/#comment-42707</link>
		<dc:creator>Thomo</dc:creator>
		<pubDate>Mon, 25 Jan 2010 16:23:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=2581#comment-42707</guid>
		<description>Link to Retail Industry Leader brief still doesn&#039;t work.</description>
		<content:encoded><![CDATA[<p>Link to Retail Industry Leader brief still doesn&#8217;t work.</p>
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		<title>Comment on Motion to reconsider denied in Superman termination dispute by Finally. Arrested Development Movie Shooting This Year. &#124; MovieMash.info</title>
		<link>http://www.exclusiverights.net/2009/11/motion-to-reconsider-denied-in-superman-termination-dispute/comment-page-1/#comment-42228</link>
		<dc:creator>Finally. Arrested Development Movie Shooting This Year. &#124; MovieMash.info</dc:creator>
		<pubDate>Sat, 16 Jan 2010 05:16:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.exclusiverights.net/?p=2813#comment-42228</guid>
		<description>[...] Copyright Law Blog: Exclusive Rights [...]</description>
		<content:encoded><![CDATA[<p>[...] Copyright Law Blog: Exclusive Rights [...]</p>
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