APRIL 2006
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COPYRIGHT -- US recognizes Russia’s progress in fighting Copyright abuse April 29apr06 Washington -- The United States has recognized progress in Russia’s efforts to fight intellectual piracy and decided against a harsher evaluation of the copyright compliance situation in Russia. This is the main result of the Washington session of the Russia-US working group for intellectual property, the Russian co-chairman, head of the Russian copyright agency Rospatent, Boris Simonov, told. Asked about his vision of the importance of the working group’s session for the WTO negotiations, Simonov said “the American side noted certain progress, which is evidence that at this point this theme is not an insurmountable obstacle to Russia’s admission to the World Trade Organization.” The report the Russian delegation presented in Washington indicates that last year’s production of counterfeit audio and video optical discs ranged 224 million copies to 243 million copies – about 68 percent of the overall market. On the face of it, the statistics looks dismaying, but one should bear in mind that it has been down by 7 percent on the year. “We demonstrated the favorable trend and explained the reasons. They (the Americans) agreed,” Simonov said. The estimates of the damage Russian pirates cause to copyright holders in the United States continue to differ a great deal. The chief Russian delegate explained that the calculation methodologies were different, too. “Our specialists proceed from the assumption that the copyright holder is entitled to one U.S. dollar revenue per each sold disc. Accordingly, counterfeit products cost the authors (and not only foreign, but Russian ones, too) 243 million dollars of losses. The Americans prefer to count all piratic discs (the gross amount is somewhat larger, because they count not only audio and video products), then multiply the number by the retail price of each licensed disc, and interpret the end result as their gross loss. Whatever the case, the Russian authorities are certain that the struggle against intellectual pirates can be successful only in cooperation with those whom the pirates rob. The Simonov-led delegation met not only with US Administration and Congress officials, but also with industrial associations of copyright holders to explain they should open offices in Russia and be more active in defending their own rights, too.
MUSIC - RIAA sues computer-less family for piracy 28apr06 techzonez -- The Recording Industry Association of America (RIAA) is suing a family for downloading music illegally, but the family is denying the charge on the grounds that it does not have internet access or a computer. In a federal lawsuit the RIAA claimed that the Walls family from Rockmart, GA had been downloading tracks from artists including Bob Seger, TLC and Whitney Houston."I don't understand this," James Walls told his local paper, the Rockmart Journal. "How can they sue us when we don't even have a computer? "The family believes that the lawsuit may apply to the previous owner of the house, as they have been there for less than a year. This is not the first such occurrence of suspected mistaken identity. In February another recipient of a writ claimed he did not own a computer. "Music and other copyrighted materials are some of America's most important, cherished and visible exports," said the RIAA in a statement this month. " However, pirated sales of our members' recordings topped $4.6bn in 2004."
MUSIC - Toronto Jazz fest adding Hip Hop by A.Infantry, Toronto Star Apr. 26, 2006 -- Toronto's biggest annual jazz event is celebrating its 20th anniversary by spreading its wings and changing its name. Now called the Toronto Jazz Festival — Downtown has been dropped from its moniker to reflect its growth and diversity, organizers say — the fete will run June 23 to July 2 and feature some big-name debuts and repeat favourites at more than 40 locations around the city. Judging by the oohs and aahs from onlookers at yesterday's lineup event at the Sheraton Centre, the slate of elite saxophonists — George Coleman, Yusef Lateef, Pharoah Sanders, Kenny Garrett and Paquito D'Rivera — is the top note. However, two festival first-timers, singer Etta James and guitarist/vocalist John Pizzarelli, are guaranteed warm welcomes, as are returning pianist Dave Brubeck and the Mingus Big Band. This year's inclusion of hip-hop artists De La Soul and Kardinal Offishall, Brazilian vocalist Seu Jorge and local R&B singers Jacksoul and Divine Brown is indicative of the festival's ever-widening "umbrella," said artistic director Jim Galloway. "The music is expanding," he said, "and as it becomes more embracing, that helps to widen the audience." Galloway reminisced about the festival's inaugural year, comprised of just three major venues, and he waved the thin 1987 program around, but he also noted that heavyweights Miles Davis and Stan Getz were on the playbill. The festival, recently named Canada's best at the National Jazz Awards, is now a $3.5 million effort showcasing 1,500 musicians and 350 concerts and atttracting half a million people. Among the new components: EuroJazz: a series showcasing cutting-edge music from the likes of Joost Buis, Zanussi Five and the Igor Butman Quartet. A Phat Tuesday celebration honouring New Orleans and fundraising for post-Katrina relief. JAZZ.FM91 will broadcast live from Nathan Phillips Square throughout the festival. Having adopted the Regent Park School for Music as its charity, the festival is inviting its 170 students, aged 5 to 16, to attend the festival and raise money for instruments from its sponsors. Galloway said there is a slight increase in ticket prices for the mainstage (top price $95) but a significant portion of the festival remains free. "Ideally, we'd give it all away, but artists' fees and travel costs don't go down," he said.
BOOKS & FILM - Publisher Rejects Young Novelist's Apology by D. Smith NYTimes April 26, 2006 -- On Monday, Ms. Viswanathan, in an e-mail message, said that her copying from Megan McCafferty's "Sloppy Firsts" and "Second Helpings," both young adult novels published by Crown, a division of Random House, had been "unintentional and unconscious." But in a statement issued today, Steve Ross, Crown's publisher, said that, "based on the scope and character of the similarities, it is inconceivable that this was a display of youthful innocence or an unconscious or unintentional act." He said that there were more than 40 passages in Ms. Viswanathan's book "that contain identical language and/or common scene or dialogue structure from Megan McCafferty's first two books." Mr. Ross called it "nothing less than an act of literary identity theft." On Monday, Ms. Viswanathan and her publisher, Little, Brown, had said that future printings of the novel would be revised to "eliminate any inappropriate similarities" and that an acknowledgment to Ms. McCafferty would be added. But Mr. Ross, in an interview, questioned how quickly that could be accomplished. The planned revisions, he said, would take several months, and "during those intervening months this original edition would still be in bookstores. That's one of the issues that is of great concern to us." Ms. McCafferty has a new book, "Charmed Thirds," in stores now, and Mr. Ross called the incident "an enormous distraction and disruption." Mr. Ross added that Crown had not ruled out legal action. "Right now this is in the hands of our lawyers," he said. "We're waiting to see what their recommendations are." Ms. McCafferty's agent, Joanna Pulcini, also reacted to Ms. Viswanathan's apology. "It is understandably difficult for us to accept that Ms. Viswanathan's plagiarism was 'unintentional and unconscious,' as she has claimed," she said in a statement. Michael Pietsch, publisher of Little, Brown, said in response to Mr. Ross's statement, that the company was looking forward to "a speedy and amicable" solution. He added, however, he had not yet seen the 40 similarities that Mr. Ross has said existed between the books. "We look forward to hearing from the author and from Random House and to resolving this." The Harvard Crimson first reported the plagiarism charges on Saturday. Meanwhile Harvard would not say what, if any, disciplinary action it might take against Ms. Viswanathan. Robert Mitchell, the director of communications for Harvard's Faculty of Arts and Sciences, said in an interview, "We would not discuss any individual situation that might or might not come before the administrative board."A day after Kaavya Viswanathan admitted copying parts of her chick-lit novel, "How Opal Mehta Got Kissed, Got Wild and Got a Life," from another writer's works, the publisher of the two books she borrowed from called her apology "troubling and disingenuous." Author sorry for 'borrowed' work BBC 25 April 2006 -- A US student-novelist has apologised for similarities between her debut work and another writer's books. Harvard University student Kaavya Viswanathan said resemblances between her book and novels by Megan McCafferty were "unintentional and unconscious". She apologised to Ms McCafferty, saying she had been unaware that she had "internalized" the author's works. Ms Viswanathan promised to change How Opal Mehta Got Kissed, Got Wild, and Got a Life in future print runs. Hollywood studio DreamWorks has already acquired the movie rights to the book. A newspaper claimed seven passages in Ms Viswanathan's book closely resembled sections from Ms McCafferty's work. Ms Viswanathan's novel tells the story of a straight-A student from New Jersey, who is rejected from Harvard because she has no social life. 'Unintentional errors' The novels of former Cosmopolitan magazine editor Ms McCafferty follow a heroine from New Jersey who excels in high school but struggles with her identity and longs for a boyfriend. Ms Viswanathan said she had "read and loved" two of Ms McCafferty's novels when she was younger and was "very surprised and upset" to learn of the similarities with her own novel. She added: "I am a huge fan of her work and can honestly say that any phrasing similarities between her works and mine were completely unintentional and unconscious." The student also apologised to anyone who felt "misled by these unintentional errors on my part". She signed her contract with publisher Little Brown at the age of 17, making her the youngest author signed by the publisher in decades. Teenager earns top dollar for her Ivy League novel by John Harlow, Los Angeles Times, April 23, 2006 -- When Kaavya Viswanathan left Britain seven years ago she was a shy, awkward child who daydreamed of writing a prize-winning novel. Next week she will return as the most richly rewarded teenage author America has known. The 19-year-old, who is in her second year as an English student at Harvard University, is visiting to promote her debut novel about student life, which earned her a £281,000 advance ($500,0000 Cdn). Little, Brown, her publisher, says she is the youngest writer it has signed for “many, many years” and believes her advance is a record for a first novel by a teenager. She will receive much more after Steven Spielberg turns it into a film this year. The book, entitled How Opal Mehta Got Kissed, Got Wild, and Got a Life, soared into the American bestseller lists last week. A comedy about a young foreigner plotting to win a place at Harvard, it has won critical plaudits except at the university, where students seem embarrassed by its depiction of cliques and dating rituals. Viswanathan was born in southern India but lived in Aberdeen and Edinburgh until she was 12, when her family moved to the United States. She said the book was based on her experiences of college “boot camp”. Her doctor parents paid IvyWise, a New York company, £17,000 ($32,000 Cdn) for a course to prepare her to apply to Harvard and other Ivy League universities. An IvyWise executive read a 100-page draft of Opal Mehta — which was written when Viswanathan was 17. The executive passed it to a friend at the William Morris talent agency, which sold it to DreamWorks for an undisclosed sum. The film is due for release next year. Last week Viswanathan said she was still getting used to fame. “Although I want to go into investment banking after I graduate, I always used to dream about winning the Booker prize. Some people have said this is just chick lit. I know it’s not Anna Karenina but it is only my first book — who knows what I will write next?” She said the biggest shock was walking into a campus shop and seeing a pile of books with her photograph on the back. A friend pointed at her, shouting: “She’s the one who wrote that book!” Critics have likened it to a cross between Bend It Like Beckham and Mean Girls, a comedy about social competition in school that turned Lindsay Lohan into a star. It chronicles how Opal’s immigrant parents draw up a battle plan called HOWGIH — How Opal Will Get Into Harvard — which involves wearing Harvard nightshirts and learning college songs. When the geeky heroine is told by Harvard she must “raise her life quotient”, which has been a genuine Harvard admissions policy since the 1990s, her parents switch to plan B — HOWGAL, or How Opal Will Get a Life. She swots up on flirting, music and fashion and joins a status-obsessed clique called the Haute Bitchez. The Harvard Crimson student newspaper said that after news of the book deal “Viswanathan became the target of an inspired private butchering” by fellow students. “A little known fact about Harvard students is that we hate each other almost as much as the rest of the world hates us — maybe more,” wrote Elizabeth Green, a Crimson reviewer. She went on to say that the “unconvincing and unfelt” book perpetuated Harvard myths exposed in the comedy Legally Blonde starring Reese Witherspoon .
MUSIC - ABBA Rings Up Realtones Deal Billboard, April 22, 2006 Stockholm -- Swedish supergroup ABBA's hits have been available as master ringtones for the first time. Working with executives at Universal Music Sweden and Universal Music Mobile, the group¿s primary songwriters Benny Andersson and Björn Ulvaeus have personally approved the distribution of their hits as cellular ring signals. Universal Music Mobile, which handles the Universal Music Group¿s strategy in the mobile area, will market the ringtones through such telecom partners as Vodafone, Sprint, DoCoMo, and at least 60 other operators worldwide.
TV - 12th annual NAMIC Vision Awards by Hollywood Reporter, April 21, 2006 - The NAMIC honors "outstanding achievements in original, multiethnic cable programming." The network took home two nods -- "Mind of Mencia" and "Weekends at the DL" tied for best comedy -- at a black-tie gala at the Regent Beverly Wilshire. HBO's "Lackawanna Blues" was cited in the drama category, and Disney Channel's "That's So Raven" won in the children's category. Other winners included Steve Harvey for best comedic performance for hosting BET's "2005 Comedy Awards" and Irene Bedard for best dramatic performance for TNT's "Into the West." The awards were presented by the National Association for Multi-ethnicity in Communications and NAMIC-Southern California.
TV - Court throws out 'Friends' harassment lawsuit by Jesse Hiestand, Hollywood Reporter, April 21, 2006 -- Warner Bros. prevailed in a closely watched workplace speech case, as the California Supreme Court unanimously ruled that the sexual banter among writers on the hit series "Friends" did not violate the rights of a writers' assistant who sued for harassment. The 7-0 decision by the high court marked the end of Amaani Lyle's lawsuit, which was filed after she was fired in October 1999 over the quality of her transcription skills. Warner Bros. Television Prods. and the other defendants -- NBC Studios, Bright/Kauffman/Crane Prods. and writer-producers Adam Chase, Gregory Malins and Andrew Reich -- asserted First Amendment rights to free speech, but the justices did not need to consider what was essentially their second line of defense. The high court instead threw it out simply on the grounds that Lyle's claims did not amount to harassment under California law.
FILM - Adult Film Industry Again at the Tech Forefront: Downloads for TV will be offered. Hollywood may be looking at its own digital future. by D.Chmielewski and C.Hoffman, NYTimes April 19, 2006 -- A top producer of hard-core porn will start selling downloadable movies that customers can burn to DVD and watch on their TVs, illustrating how Southern California's multibillion-dollar adult entertainment industry may again set the technological pace for Hollywood. Letting people burn downloaded movies is considered key to the growth of online distribution. Despite the proliferation of fast Internet connections, most people still want to watch movies on television but lack an easy way to get them off the computer. Plus, hard drives can store only so many space-hogging movies. Hollywood has resisted burnable discs that can be watched on televisions because they fear piracy. It also doesn't want to alienate retailers, which sell most of its DVDs. But if history is any guide, the online experiment by adult entertainment giant Vivid Entertainment Group will be watched closely by mainstream studio chiefs."The simple fact is porn is an early adopter of new media," said Paul Saffo, director of the Institute for the Future in Palo Alto. "If you're trying to get something established . you're going to privately and secretly hope and pray that the porn industry likes your medium." Los Angeles-based Vivid will start selling burnable movies May 8 through online movie service CinemaNow. Marina del Rey-based CinemaNow last fall launched an adult service that it uses to experiment with features that might eventually become mainstream - such as pay-per-minute movie rentals and the ability to save favorite scenes. Vivid, producer of such titles as "Bad Wives" and "Generation Sex," will offer 30 downloadable videos for about $19.95 apiece that include everything that is on a standard DVD - cover art, scene navigation, bonus material and deleted scenes. The finished disc will be copy-protected to deter piracy. Despite their obvious differences, adult and mainstream entertainment companies face similar pressures in the Internet age. Both are grappling with how to deliver content securely and reliably to devices in a variety of ways, whether it's prepackaged on DVD for TVs or sent wirelessly to cellphones. Both also want to capitalize on digital delivery methods but can't afford to undercut their retail partners: big-box stores such as Wal-Mart Stores Inc. for the major studios and mom-and-pop video shops for the porn producers. They also fear online piracy, which the music industry partly blames for its lackluster sales. Historically, the porn industry has adopted new technologies more nimbly than Hollywood. It embraced home video in the late 1970s, allowing people to bypass seedy theaters and watch the movies in their living rooms. Mainstream studios, by contrast, fought home video all the way to the Supreme Court before making it one of the most profitable pieces of their business. In the same way, porn producers were among the first to recognize the potential of the Internet, offering streaming video long before high-speed Internet connections made it practical. This month, several major Hollywood studios agreed to sell movies online through CinemaNow and rival service Movielink. Although consumers can download and keep a copy of "King Kong," "Brokeback Mountain" and "Good Night, and Good Luck," the DVDs they make play only on computers. The ability to deliver content over the Internet that can play in any DVD player is "the holy grail," said Richard Doherty of market research firm Envisioneering Group. "Everybody wants to find something that sticks," he said. "We've got a billion devices ready to play these. Making it compatible with that, and the convenience of electronic delivery, is a proven, desired business model which should stick and grow." All the major Hollywood studios contacted for this story declined to comment. In addition to Vivid, other porn companies including Chatsworth-based Red Light District plan similar services. Michael H. Klien, president of LFP Internet Group, the online distribution arm for the publisher of Hustler magazine, said the company was interested but still evaluating the new DVD technology. CinemaNow Chief Executive Curt Marvis declined to identify the makers of the technology used by the company, which is partly owned by Microsoft Corp. A spokesman for Microsoft, which powers many online video efforts, said that although the company marketed similar DVD-burning software, it was not involved in the Vivid deal. "In a perfect world, it is a technology that could be accepted by traditional content providers," Marvis said. "They might be a bit slower to adopt it because they always are." The Internet solves two of the porn industry's biggest challenges: distribution and privacy. Wal-Mart and Blockbuster Inc. won't sell porn. Nor do most customers relish the embarrassment of browsing in the back room of their local video store for porn. "Those are the two reasons we'll always be in the forefront," Vivid Co-Chairman Bill Asher said. "We have to." Sex is big business. The porn industry's main trade publication, Adult Video News, estimated global 2005 sales at $12.6 billion. But that figure is difficult to verify because porn companies are private and closely held. As with Hollywood, DVDs account for the largest piece of the porn industry's revenue - 34%; for mainstream studios, they account for nearly 50%. Porn producers say changes in zoning laws around the U.S. have forced adult movie stores to the margins of commerce - usually in industrial or commercial zones - pushing more consumers online for their flesh fix. The Web offers a cornucopia of content without the stigma. "Three years ago, DVDs were responsible for 90% of our income," said Vivid's Steven Hirsch, who founded the company in 1985 with David James. "This year, it will account for 30% of our sales. With the Internet there is no distributor between you and the consumer, so you can keep a larger part of the revenue stream."
FILM - Canada at The 2006 Tribeca Film Festival (April 25 - May 7, 2006) - The 5th Annual Tribeca Film Festival features nine Canadian films (features and shorts) including two feature spotlights. In 2002, The Tribeca Film Festival was created by Jane Rosenthal and Robert De Niro to enable the international film community and the general public to experience the power of film, celebrate New York City as a major filmmaking center, and contribute to the long-term recovery of lower Manhattan.For more information on Canadian screenings, please visit: www.tribecafilmfestival.org.
MUSIC - Indie labels break with CRIA over commercial radio proposal by cbc.ca 13apr06 -- Six leading indie record labels have split from the Canadian Recording Industry Association over the group's recent proposal to the CRTC that includes changes to how Canadian music is defined. "It has become increasingly clear over the past few months that CRIA's position on several important music industry issues are not aligned with our best interests as independent recording companies," the six labels wrote in a letter to CRIA president Graham Henderson, copying others, including federal Culture Minister Bev Oda. "We do not feel that we can remain members given CRIA's decision to advocate solely on behalf of the four major foreign multi-national labels," the letter said. Nettwerk Records, True North Records, Aquarius Records, the Children's Group, Anthem Records and Linus Entertainment want greater support for both emerging and independent Canadian artists. They have accused the CRIA of looking out for the best interests of multinational music companies rather than Canadian acts. The CRIA is a non-profit trade organization and lobby group representing the Canadian recording industry. Its membership includes the Canadian arms of major international companies EMI, Sony BMG, Universal and Warner. CRTC reviewing commercial radio policy The Canadian Radio-television and Telecommunications Commission, the country's broadcast regulator, is currently reviewing its commercial radio policy and has requested proposals from the public. It last looked at the policy in 1998 and one of the amendments introduced then was increasing the quota of Canadian content on commercial radio to 35 per cent (from 30 per cent). This time around, the CRIA is instead suggesting changes to the MAPL system, which is used to define a song's "Canadian-ness." The system grants points based on whether a song was composed, its lyrics written or the music performed by a domestic artist. Also, points are granted if the song was recorded wholly or performed live in Canada. To qualify as Canadian, the song must fulfill two of the requirements. The system has courted controversy, however, including in 1992, when the hit Bryan Adams song (Everything I Do) I Do It For You was deemed not Canadian content because he had collaborated with foreign producers. CRIA cites more international collaboration The CRIA is proposing that to reflect today's climate of international collaboration between singers, musicians and producers, less weight be given to where a song is produced and more on whether the performer himself is a Canadian citizen. The association feels this will support Canadian artists such as Michael Bublé and Nelly Furtado, who often collaborate and record with producers in the U.S. The CRIA is also proposing that playing the music of up-and-coming Canadian artists during primetime be worth more Cancon "credit" to radio stations and that funding earmarked to support new artists be concentrated in the hands of talent development organizations. However, the six indie record labels charge that "if implemented [these proposals] would have a material negative effect on the future growth of Canadian independent music." According to the Canadian Press, the indie labels will now look to the Canadian Independent Record Production Association to be their industry representative. In its proposals to the CRTC, this group has asked that the Cancon quota be increased to 45 per cent.
BOOKS & COPYRIGHT - Dan Brown Wins Da Vinci Code Copyright Case by Steve Taylor, The Deadbolt, April 7, 2006 -- Best-selling author Dan Brown has been exonerated of the charge of plagiarism revolving around his massively popular book, The Da Vinci Code. The High Court in London read the ruling this morning, much to the elation of Brown, and much to the dismay of Michael Baigent and Richard Leigh. Brown had been accused by the two historians that he plagiarized their novels on the same subject as The Da Vinci Code. In the verdict read by judge Peter Smith, and reprinted by Reuters.uk, the court found that "Even if the central themes were copied, they are too general or of too low a level of abstraction to be capable of protection by copyright law." The judge also said that while Dan Brown may have used bits of the 1982 book, The Holy Blood and the Holy Grail, it was not enough to amount to a breach of the copyright. Another part of the 71-page ruling was quoted by CBS News, which read "It would be quite wrong if fictional writers were to have their writings pored over in the way DVC (Da Vinci Code) has been pored over in this case by authors of pretend historical books to make an allegation of infringement of copyright." The lawsuit stems from the fact that both books discuss the idea that Jesus and prostitute Mary Magdalene had a child together and that the bloodline of Jesus has continued on to present times. Michael Baigent and Richard Leigh wrote a historical novel on the subject, and Dan Brown used the idea in his fictional thriller. A third author of The Holy Blood and the Holy Grail, Henry Lincoln, chose not to participate in the lawsuit. Dan Brown was elated at the news of his vindication. As he was quoted by the BBC, "I'm pleased with today's outcome, not only from a personal standpoint, but also as a novelist. Books are an important part of our culture, and this is a good day both for those who write and for those who enjoy reading." Brown would also say "A novelist must be free to draw appropriately from historical works without fear that he'll be sued and forced to stand in a courtroom facing a series of allegations that call into question his very integrity as a person." Brown said he was "eager to get back to writing my new novel," and added that he was "still astonished that these two authors chose to file their suit at all." As for the plaintiffs, their reaction was one of shock and dismay. The BBC quoted Richard Leigh's reaction as "I think by its very nature, this case entailed a conflict between the spirit of the law and the letter of the law. We lost on the letter of the law, I think we won on the spirit of the law, and to that extent we feel vindicated." The lawyer for Baigent and Leigh, Paul Sutton, said "Mr Baigent and Mr Leigh are clearly disappointed with the judge's dismissal of their claim. However, the judge found that Dan Brown copied from their book The Holy Blood and the Holy Grail - but just not in a way that UK copyright law protects. Sutton would go on to say "Mr Baigent and Mr Leigh remain committed to their case and are expected to appeal against the decision once they have fully digested the judgement in collaboration with their advisers." Despite the fact that the lawyer for Baigent and Leigh has said the authors intend to appeal the decision, the court has ruled that the authors shall not have permission to do so. As another part of the ruling, the court has ordered Baigent and Leigh to pay 85% of publisher Random House's court and legal fees. Random House is believed to have incurred roughly £1.3 million ($2.26 million US). Mr Justice Smith has ordered that the plaintiffs in the case must pay a down payment of £350,000 ($610,000 US) by May 5th. This bill will be added to their own legal costs, which were estimated in court at £800,000 ($1.4 million US). Random House, the publisher of both The Da Vinci Code and The Holy Blood and the Holy Grail, weighed in on the verdict. Gail Rebuck, Random House's Chairman and Chief Executive, was quoted by the BBC as saying "We welcome today's judgement and at Random House we are pleased that justice - and common sense - have prevailed. It is highly unusual and very sad that these authors chose to sue their publishers, especially after 20 successful years. This case has been extremely distressing for all concerned. We never believed it should have come to court - and frequently tried to explain why to the claimants." Rebuck went on to say "Copyright law tries to strike a fair balance between protecting the rights of authors and allowing literary freedom. Happily, today's judgement ensures that novelists remain free to draw on ideas and historical research." Rebuck also went on to "thank Dan Brown for his patience and terrific support, and our legal team who have worked tirelessly on this case." Sony Pictures even weighed in, to say they were happy with the outcome of the case, and to say that they will still be releasing the $57 million movie The Da Vinci Code on May 19. The Da Vinci Code movie stars Tom Hanks (Saving Private Ryan, Terminal), Ian McKellen (X-Men, Lord of the Rings), Alfred Molina, Audrey Tautou and Jean Reno. The movie will be directed by Ron Howard (Cinderella Man, A Beautiful Mind). Since its publishing began in 2003, The Da Vinci Code has sold more than 40 million copies worldwide, netting author Dan Brown £250 million ($442 million US). The Da Vinci Code has never left the British top ten sales charts, and The Holy Blood and the Holy Grail has found its way back onto the top 40 list. The Da Vinci Code has been released in paperback in the United States this week, and has sold 500,000 copies. This is not the first time Dan Brown has faced these allegations. As Reuters.uk reported, "Last August, he won a ruling in New York against another writer who claimed he had copied elements of two of his books to write The Da Vinci Code". Da Vinci' Case Opens Can of Worms: Trial tries to draw line between research and plagiarism (AP) 01apr06 -- Two historians are accusing Dan Brown, author of The Da Vinci Code, of copying their work from Holy Blood, Holy Grail. The books, both published by Doubleday, share the idea that Jesus married Mary Magdalene. Right after the legal scandal started, sales for Holy Blood, Holy Grail went up 3,500 percent, according to Amazon.com. The trial, taking place at London's Royal Courts of Justice, has become a circus of photographers, journalists, and fans.The author had to leave his home in the United States to face the charges of historians Michael Baigent and Richard Leigh. They accused him of stealing the "structure" of their work published in 1982. Copyright experts based in London bet on Brown. Lorna Brazell, from the Intellectual Property Department at the firm Bird and Bird, said, "Since the beginning, they had a weak case: Copyright protects the creative expressions, but (the historians) argue that their historical research was stolen. The problem is that a historical fact is information available to the public domain to be used for creative purposes."The trial hits the very core of the creative writing process when it questions whether one has freedom to work based on other's ideas or research. Generally, an author can claim his or her copyrights have been violated and receive monetary compensation."If they can show that The Da Vinci Code expresses the same historical events in the same sequence, the same central narrative as their book, then they may be successful. If Brown has just used this idea -- that Jesus married Mary Magdalene -- as the basis for a fictional thriller, it's difficult for me to imagine that the court will find infringement," Brazell previously told Bloomberg. Copyright expert Robin Fry of the London law firm Beachcroft Wansbroughs told The Christian Science Monitor that "ideas aren't protected under English law." "The paradox here is that you can have a 600-page book and someone steals one paragraph and that's a copyright breach, but if you steal the whole basis of the book, then that's not a breach," Fry said.David Hooper, a solicitor specializing in copyright law, told The Guardian: ""You can't copyright an idea. Unless you've got something like a patent or a trademark, you haven't got a monopoly."Brazell explained the situation to OhmyNews in the following terms: "If Brown wins, it means we keep the traditional concept of copyright in the UK." That is, the protection of the form in which ideas are expressed. The judge presiding over the case asked Baigent which precise paragraphs had allegedly been copied. The historian answered with a rhetorical question: "Why should he have used parts of the book? He was not writing a historical book, but a novel.""If the accusation is too general, then you are not protected," the judge told him. When it was time for Brown to testify, he told the court: "I am not that crazy to not know what 'copy' means. It means identical. The book is not identical. In simple terms, plagiarism is to take someone else's and make it seem as yours."The judge is expected to give his verdict before April 9. If Brown loses, the launching of a Hollywood movie based on The Da Vinci Code, slated for a May 19 release in the United States, could be re-scheduled. Da Vinci Code' Author Brown Takes Stand by Jill Lawless, London Mar 13, 2006 (AP) -Almost three years to the day that "The Da Vinci Code" was first published, American author Dan Brown found himself on a witness stand in courtroom 61 of London's High Court on Monday, denying accusations he copied from others to produce his huge best-seller. Authors Michael Baigent and Richard Leigh are suing "Da Vinci Code" publisher Random House for copyright infringement, claiming Brown "appropriated the architecture" of their 1982 nonfiction book "The Holy Blood and the Holy Grail." Both books explore theories dismissed by theologians but embraced by millions of readers that Jesus married Mary Magdalene, the couple had a child and the bloodline survives. If the writers succeed in securing an injunction to bar the use of their material, they could hold up the scheduled May 19 release of "The Da Vinci Code" film starring Tom Hanks and Ian McKellen. With his book an international sensation, Brown has rarely spoken to the media over the past couple of years and has made few public appearances, spending much of his time in his rural New Hampshire home, working on a new novel. But over the past couple of weeks, the 41-year-old author has watched lawyers dissect accounts of the medieval Knights Templar, the secretive Priory of Sion and the Merovingian royal line allegedly descended from Jesus. In a witness statement released Monday as Brown took the stand, the writer said it was "absurd to suggest that I have organized and presented my novel in accordance with the same general principles" as the earlier book. Responding to questions from the plaintiffs' attorney, Brown said much of the research for the book was done by his wife, Blythe. "She was deeply passionate about the sacred feminine," Brown said. Brown's lawyers released a previous witness statement in which the author said he was shocked by the allegations. Baigent and Leigh are only two of a number of authors who have written about the bloodline story, and yet I went out of my way to mention them for being the one who brought the story to mainstream attention," Brown said in the statement. "I have been shocked at their reaction; furthermore I do not really understand it." The plaintiffs' allegations contain "numerous sweeping statements which seem to me to be completely fanciful," Brown said. Random House lawyers argue that the ideas in dispute are so general they are not protected by copyright. They also say many of the ideas in "The Holy Blood and the Holy Grail" do not feature in Brown's novel, which follows fictional professor Robert Langdon as he investigates the murder of an elderly member of an ancient society that guards dark secrets about the story of Jesus and the quest for the Holy Grail. Under cross-examination, Brown acknowledged some uncertainty about the dates of events leading up to the March 18, 2003, publication of "The Da Vinci Code." In his statement, however, he said he was certain he and his wife had not consulted "The Holy Blood and the Holy Grail" for research until after the ideas and storyline of "The Da Vinci Code" were "very well developed." "All of my early research came from other sources," he said. Among the documents submitted to court were 39 books and more than 300 documents Brown said he consulted while writing "The Da Vinci Code." During more than three days of cross-examination last week by Random House lawyer John Baldwin, Baigent conceded that several key points in the claimants' case were wrong including the claim that "The Da Vinci Code" contained all the same historical conjecture as the earlier book. "I would concede that 'all' is far too strong," Baigent said. "I would say 'most.'" Brown's fast-moving theological thriller has sold more than 40 million copies since it was published three years ago this week. "The Holy Blood and the Holy Grail" a more modest best-seller on its release has seen a surge in sales since the trial began, going from about 350 copies sold a week in Britain to 3,000, according trade publication The Bookseller. The third author of "The Holy Blood and the Holy Grail," Henry Lincoln, is not involved in the case. A lawyer for the plaintiffs, Paul Sutton, refused to say why he was not participating. Lincoln, who is in his 70s and reportedly in poor health, could not be reached for comment. Da Vinci Code Lawsuit - London Times, March 08, 2006 -- I’m not as right as I thought I was, Da Vinci accuser admits WHAT was Godfrey de Bouillon’s real reason for undertaking the First Crusade in 1099? And did the Emperor Constantine really convert to Christianity after the Battle of Milvian Bridge in AD312, or was it on his deathbed? You would not find the answer to either question in The Da Vinci Code (DVC), the High Court was told yesterday. And that is because, according to the defence case, Dan Brown’s hugely successful thriller is not the rip-off from a work of religious speculation that it is alleged to be. Michael Baigent and Richard Leigh, co-authors of The Holy Blood and The Holy Grail (HBHG), a bestseller when published in 1982, are suing Brown’s publishers for breach of copyright. They claim that the novel stole much of its plot from their work, which explores the theory that Christ married and had children, and that the Roman Catholic Church has been trying to hush it up ever since. It was not a good day for the claimants yesterday, when the hearing resumed after a six-day adjournment to allow Mr Justice Peter Smith to read both books carefully. Under withering cross-examination from John Baldwin, QC, representing Random House, the publishers, Baigent admitted that some of the evidence in his 80-page witness statement to the court was false. The claimants allege that Brown lifted at least 15 ideas from their book. To support their case, they presented a number of book reviews and a reader’s letter to The Times purporting to show the similarities in the two works. In his written witness statement, Baigent had alleged that Brown had “used a thriller plot to disseminate the central theme of HBHG”. Mr Baldwin showed that HBHG’s theories about Godfrey de Bouillon, the Emperor Constantine and a number of other points did not appear in The Da Vinci Code. “I think I could have phrased that paragraph more felicitously,” Baigent said. “You could have told the truth, for instance,” Mr Baldwin shot back. Pressed further on whether reviewers shared his view that the plot of DVC was based on HBHG, Baigent said: “I should have said ‘appeared to share’.” He added: “I cannot establish beyond a shadow of doubt that they share every single one of the 15 points.” Reviewers, Mr Baldwin said, had highlighted an important theme of HBHG as being that Christ did not die on the Cross and that He faked His own Crucifixion. That, along with many other points, were not in DVC. “They are not, that is true,” Baigent conceded. Mr Baldwin asked Baigent why he had signed a statement containing paragraphs that were false. “I believed it to be true, but I am prepared to state now that I was not right.” Even the judge weighed in: “You can’t have believed this witness statement when you drew it up. You are now drawing completely the opposite conclusion.” Baigent replied: “I didn’t read them [the reviews] with the correct assiduity that I should have done.” The hearing continues. Publisher's lawyer in 'Da Vinci Code' case says ideas too general - by Jill Lawless, Associated Press Feb28, 2006 LONDON -- A lawyer for the publisher of the "The Da Vinci Code" argued in court Tuesday that ideas which two writers claim were stolen for Dan Brown's blockbuster novel are so general they are not protected by copyright. The publisher's lawyer, John Baldwin, said the claim by Baigent and Leigh "relates to and seeks to monopolize ideas at such a high level of generality that they are not protected by copyright." Brown, who is expected to testify next week, was in court for the second day of the trial. It was expected to recess later in the day until next Tuesday, providing time for the judge, Peter Smith, to read both books and related texts. The authori, who lives in Exeter, N.H., has been working on a new novel. If Baigent and Leigh -- whose work claimed Jesus married Mary Magdalene, that the couple had a child and that the bloodline survives -- succeed in securing an injunction to bar the use of their material, they could hold up the May 19 release of "The Da Vinci Code" film, starring Tom Hanks and Ian McKellen. Sony Pictures said it planned to release the film as scheduled. Baldwin said many important themes of "The Holy Blood and the Holy Grail" did not feature in "The Da Vinci Code," particularly the idea that a secretive order called the Priory of Sion exists and seeks to restore descendants of Jesus Christ to the thrones of Europe. Baldwin said this was a "massive point" in the earlier book but was not stressed by Brown. Baigent, born in New Zealand, and Leigh, originally from the United States, are suing Random House, which also published their book. The company denies the claim and chief executive Gail Rebuck said in a statement she believed the lawsuit was without merit. The book's third writer, Henry Lincoln, is not involved in the case. Jonathan Rayner James, a lawyer for the plaintiffs, said Monday that his clients were not attempting to "stultify creative endeavor" or to claim a monopoly on ideas or historical debate, but to prove Brown had "relied heavily" on the earlier work, published in Britain in 1982 and the following year in the United States. Baldwin said Brown developed most of the central ideas of his book independently. "He found the ideas that he wanted to use in his novel before either he or his wife had looked at 'The Holy Blood and the Holy Grail,'" Baldwin said. "The story line was very well developed. He had the ideas in place, and decided to use them." Baldwin said many of the ideas the claimants sought to protect were not original. "They are ideas the claimants have taken from other sources," he said. Brown's book also was the target of a previous lawsuit. In 2005, a U.S. judge in New York ruled that his book did not infringe on the copyrights of "Daughter of God," by Lewis Perdue. The judge also ruled out any copyright violations of Perdue's 1983 novel, "The Da Vinci Legacy." Da Vinci Code author faces British court battle - 27feb2006 Globe&Mail London -- The author of the blockbuster novel The Da Vinci Code faces an English High Court challenge Monday from two men who claim he stole their ideas. Michael Baigent and Richard Leigh are suing their own publishers, Random House, claiming Dan Brown's book draws heavily on their 1982 bestseller Holy Blood, Holy Grail. Baigent's and Leigh's book tackles theories that Jesus and Mary Magdalene married and had a child, and that their blood line continues to the present day -- with the awareness of the Catholic Church. Brown's book explores similar themes about the Vatican covering up the true story of Jesus. If Baigent and Leigh are successful, the case could threaten the British release of the film adaptation of The Da Vinci Code in May.
COPYRIGHT - Microsoft sues 11 Software Pirates 6 April, 2006 by Liam Lahey eChannelNews -- Microsoft Corp. has filed 11 lawsuits against resellers of illegal software and/or software components recently, the software giant confirmed. These latest actions, filed against companies in California, Illinois, Kentucky, New York, South Carolina and Texas, allege a variety of infringing actions, including violation of laws governing hard-disk loading, counterfeiting, and certificates of authenticity (COAs). The lawsuits also mark the twentieth filed by Microsoft against software pirates this year, confirmed Lisa Willmer, anti-piracy attorney for Microsoft in Redmond, Wash. She said Microsoft would be ramping up its' enforcement efforts this year as a means of protecting consumers and channel partners from the risks of illegitimate counterfeit products. "These entities were selling systems with software that was pirated, in some cases hard-disk loaded," she said. "Microsoft is responding to complaints coming from our customers and legitimate business partners." Of the 11 companies named in the respective suits: Acortech Co. City of Industry, Calif., for allegedly distributing counterfeit Windows XP COAs; Abro Computers of Santa Maria, Calif., for allegedly distributing illegal Windows 98 and Windows XP Pro software; Eureka Systems Inc. of Palatine, Ill., allegedly distributing counterfeit Windows XP Pro software; Affordable Computers of Ashland, Ky., for allegedly infringing and distributing Windows XP Pro and Office 2003 software; Computer Care Center Inc. of Flushing, N.Y., for allegedly infringing and distributing Windows XP Pro and Office XP Pro software; Universal Computers & Electronics Inc. of Long Island City, N.Y., for allegedly infringing and distributing Windows XP and Office XP Pro software; KC Computers of Penfield, N.Y., for allegedly infringing and distributing Windows XP Pro software; CRC Computer Center of Wantagh, N.Y., for allegedly infringing and distributing Windows 98, Office 2000 Premium and XP Pro software; Computer Resource of Georgetown, S.C., for allegedly infringing and distributing Windows XP Pro and Office 2003 Pro software; Com-Tec of Cold Spring, Texas, for allegedly infringing and distributing Windows 98, Office 2000 Pro, and Office XP Pro software; Fast Computers of Houston, Texas, for allegedly infringing and distributing Windows 2000 Pro, Office 2000 Pro, and Office 2000 Premium software. Willmer would neither confirm nor deny if any of the aforementioned 11 firms were once considered legitimate Microsoft business partners on any level. She highlighted Microsoft's Genuine Software Initiative as being the prime mechanism combating software counterfeiting and other forms of software piracy. With its' focus on education, engineering, and enforcement Willmer said these latest lawsuits are more than the company has filed previously in a typical month. She also said Microsoft expects the rise of what she called "software pirates" to increase and that these latest actions were indicative of a trend. Informants can contact Microsoft's anti-piracy hotline, 1-800-RU-LEGIT, as well as through the company's newly launched Windows Genuine Advantage (WGA) program an online tool that allows customers to determine whether their software is genuine. Microsoft also gathered evidence on these latest lawsuits through its' ongoing test purchase program, officials said.
FILM - Selling Digital Versions of Films 06apr2006 AP -- Hollywood studios will start selling digital versions of films such as "Brokeback Mountain" and "King Kong" on the Internet this week, the first time major movies have been available online to own.The films can't be burned onto a disc for viewing on a DVD player. Still, the move is seen as a step toward full digital distribution of movies over the Internet.Six studios said they would announce Monday that sales will begin through the download Web site Movielink. The site is jointly owned by five of the seven major studios.Warner Bros., Universal Pictures, Sony Pictures, Paramount Pictures, Twentieth Century Fox and MGM will offer some first-run and older titles on Movielink. New films will be priced similar to DVDs — between $20 and $30 — while older titles will sell for $10 to $20.In a separate announcement, Sony and Lionsgate said they will sell films through the CinemaNow site.Only films from The Walt Disney Co. will not be available, although both services say talks are ongoing."Digital delivery hasn't arrived until the major studios allow home ownership, and now they have and now digital delivery is very real," said Jim Ramo, Movielink's chief executive.Studios will sell some new films online the same day they become available on DVD. Most films will be made available within 45 days.Studios began renting films online several years ago as a way to combat illegal downloading. Movies have been available through the Internet 30 to 45 days after hitting video stores, with rentals lasting just 24 hours for viewing primarily on computer screens.Digital delivery of video grew rapidly after Apple Computer Inc. began selling episodes of TV shows through its iTunes online store last October.This year, devices powered by new Intel computer chips and TV service delivered over the Internet will allow more consumers to watch Web video on their TVs instead of their computer screens, a key factor in downloading to own, analysts said.Studios are being cautious about selling films online in part because DVD sales produce more profit than box office receipts.But studios are also preparing for the day when major retailers such as Wal-Mart and Amazon.com begin offering their own movie download services."The important thing is to embrace the future, respect the economics of DVD but move forward into digital delivery," said Ben Feingold, president of Worldwide Home Entertainment at Sony Pictures.The films available on Movielink can be stored indefinitely on a computer hard drive or transferred to as many as two other computers. The movies can be played on a TV if the computer is part of a home network.A copy can be burned to a DVD as a backup. Discs can be played on up three PCs authorized by Movielink but cannot be viewed on a standard DVD player because of special security coding.Consumers will not be able to transfer the films from a PC or laptop to a handheld portable viewing device. But that capability should be available sometime within the next year, Ramo said.Films on CinemaNow will be playable on just one computer. The company said it eventually expects studios to allow consumers to burn movies on DVD and transfer them to portable devices.
MUSIC - Annual Canadian JUNO Awards - Halifax 03apr2006 -- Vancouver crooner, Michael Buble, whose hit song "Home" has reaped international accolades, picked up awards for single of the year, album of the year and artist of the year at Sunday night's Juno Awards ceremony in Halifax, organized by CARAS and broadcast live on the CTV network. Bryan Adams, who has been belting out Canadian rock for more than 25 years, was this year's inductee into the Canadian Music Hall of Fame.Montreal-based indie rock band Arcade Fire won the prestigious songwriter of the year award for the songs "Wake Up," "Rebellion (Lies)" and "Neighbourhood #3 (Power Out)" off their debut album Funeral.But the real shocker of the night was the failure of B.C.-based rockers Nickelback to pick up any more awards. While the band has been riding a wave of success with a leading six Juno nominations and winning for group of the year and rock album of year Saturday night, their run came to a standstill after they were edged out in the Fan Choice, single and album of the year categories. Other winners at Saturday's gala included the legendary rocker Neil Young, whose album Prairie Wind has been hailed as a return to his country-rock roots. The iconic band The Tragically Hip picked up two Junos, while Diana Krall and newbie Daniel Powter were also among those honoured.
MUSIC & COPYRIGHT - Entertainment Lawyer & College Professor Mark Vinet was recently interviewed for a popular TV current affairs program on the topic of MUSIC DOWNLOADING: Ethical or illegal? The program shall be broadcast throughout Canada and France on the TV5 QUÉBEC CANADA network at 7pm on Wednesday, April 12th, 2006 (re-broadcast at 8:30am on Friday April 14th). BIEN OU MAL ?: Téléchargement ou piratage ? Diffusion TV5 QUÉBEC CANADA mercredi 12 avril 2006 à 19h00 (rediffusion le vendredi 14 avril à 08h30) BIEN OU MAL ?: chaque sujet tiré des grands débats actuels présente aussi des enjeux sociaux, politiques et économiques. Cette semaine: invité Mark Vinet - La révolution numérique bouleverse totalement notre rapport à l'art, à la création. À partir du moment où l'ouvre d'un créateur, transformée en une série de 1 et de 0, peut être multipliée à l'infinie et téléchargée de partout dans le monde en quelques secondes, notre conception traditionnelle de la propriété intellectuelle tient-elle toujours?
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COPYRIGHT -- US recognizes Russia’s progress in fighting Copyright abuse April 29apr06 Washington -- The United States has recognized progress in Russia’s efforts to fight intellectual piracy and decided against a harsher evaluation of the copyright compliance situation in Russia. This is the main result of the Washington session of the Russia-US working group for intellectual property, the Russian co-chairman, head of the Russian copyright agency Rospatent, Boris Simonov, told. Asked about his vision of the importance of the working group’s session for the WTO negotiations, Simonov said “the American side noted certain progress, which is evidence that at this point this theme is not an insurmountable obstacle to Russia’s admission to the World Trade Organization.” The report the Russian delegation presented in Washington indicates that last year’s production of counterfeit audio and video optical discs ranged 224 million copies to 243 million copies – about 68 percent of the overall market. On the face of it, the statistics looks dismaying, but one should bear in mind that it has been down by 7 percent on the year. “We demonstrated the favorable trend and explained the reasons. They (the Americans) agreed,” Simonov said. The estimates of the damage Russian pirates cause to copyright holders in the United States continue to differ a great deal. The chief Russian delegate explained that the calculation methodologies were different, too. “Our specialists proceed from the assumption that the copyright holder is entitled to one U.S. dollar revenue per each sold disc. Accordingly, counterfeit products cost the authors (and not only foreign, but Russian ones, too) 243 million dollars of losses. The Americans prefer to count all piratic discs (the gross amount is somewhat larger, because they count not only audio and video products), then multiply the number by the retail price of each licensed disc, and interpret the end result as their gross loss. Whatever the case, the Russian authorities are certain that the struggle against intellectual pirates can be successful only in cooperation with those whom the pirates rob. The Simonov-led delegation met not only with US Administration and Congress officials, but also with industrial associations of copyright holders to explain they should open offices in Russia and be more active in defending their own rights, too.
MUSIC - RIAA sues computer-less family for piracy 28apr06 techzonez -- The Recording Industry Association of America (RIAA) is suing a family for downloading music illegally, but the family is denying the charge on the grounds that it does not have internet access or a computer. In a federal lawsuit the RIAA claimed that the Walls family from Rockmart, GA had been downloading tracks from artists including Bob Seger, TLC and Whitney Houston."I don't understand this," James Walls told his local paper, the Rockmart Journal. "How can they sue us when we don't even have a computer? "The family believes that the lawsuit may apply to the previous owner of the house, as they have been there for less than a year. This is not the first such occurrence of suspected mistaken identity. In February another recipient of a writ claimed he did not own a computer. "Music and other copyrighted materials are some of America's most important, cherished and visible exports," said the RIAA in a statement this month. " However, pirated sales of our members' recordings topped $4.6bn in 2004."
MUSIC - Toronto Jazz fest adding Hip Hop by A.Infantry, Toronto Star Apr. 26, 2006 -- Toronto's biggest annual jazz event is celebrating its 20th anniversary by spreading its wings and changing its name. Now called the Toronto Jazz Festival — Downtown has been dropped from its moniker to reflect its growth and diversity, organizers say — the fete will run June 23 to July 2 and feature some big-name debuts and repeat favourites at more than 40 locations around the city. Judging by the oohs and aahs from onlookers at yesterday's lineup event at the Sheraton Centre, the slate of elite saxophonists — George Coleman, Yusef Lateef, Pharoah Sanders, Kenny Garrett and Paquito D'Rivera — is the top note. However, two festival first-timers, singer Etta James and guitarist/vocalist John Pizzarelli, are guaranteed warm welcomes, as are returning pianist Dave Brubeck and the Mingus Big Band. This year's inclusion of hip-hop artists De La Soul and Kardinal Offishall, Brazilian vocalist Seu Jorge and local R&B singers Jacksoul and Divine Brown is indicative of the festival's ever-widening "umbrella," said artistic director Jim Galloway. "The music is expanding," he said, "and as it becomes more embracing, that helps to widen the audience." Galloway reminisced about the festival's inaugural year, comprised of just three major venues, and he waved the thin 1987 program around, but he also noted that heavyweights Miles Davis and Stan Getz were on the playbill. The festival, recently named Canada's best at the National Jazz Awards, is now a $3.5 million effort showcasing 1,500 musicians and 350 concerts and atttracting half a million people. Among the new components: EuroJazz: a series showcasing cutting-edge music from the likes of Joost Buis, Zanussi Five and the Igor Butman Quartet. A Phat Tuesday celebration honouring New Orleans and fundraising for post-Katrina relief. JAZZ.FM91 will broadcast live from Nathan Phillips Square throughout the festival. Having adopted the Regent Park School for Music as its charity, the festival is inviting its 170 students, aged 5 to 16, to attend the festival and raise money for instruments from its sponsors. Galloway said there is a slight increase in ticket prices for the mainstage (top price $95) but a significant portion of the festival remains free. "Ideally, we'd give it all away, but artists' fees and travel costs don't go down," he said.
BOOKS & FILM - Publisher Rejects Young Novelist's Apology by D. Smith NYTimes April 26, 2006 -- On Monday, Ms. Viswanathan, in an e-mail message, said that her copying from Megan McCafferty's "Sloppy Firsts" and "Second Helpings," both young adult novels published by Crown, a division of Random House, had been "unintentional and unconscious." But in a statement issued today, Steve Ross, Crown's publisher, said that, "based on the scope and character of the similarities, it is inconceivable that this was a display of youthful innocence or an unconscious or unintentional act." He said that there were more than 40 passages in Ms. Viswanathan's book "that contain identical language and/or common scene or dialogue structure from Megan McCafferty's first two books." Mr. Ross called it "nothing less than an act of literary identity theft." On Monday, Ms. Viswanathan and her publisher, Little, Brown, had said that future printings of the novel would be revised to "eliminate any inappropriate similarities" and that an acknowledgment to Ms. McCafferty would be added. But Mr. Ross, in an interview, questioned how quickly that could be accomplished. The planned revisions, he said, would take several months, and "during those intervening months this original edition would still be in bookstores. That's one of the issues that is of great concern to us." Ms. McCafferty has a new book, "Charmed Thirds," in stores now, and Mr. Ross called the incident "an enormous distraction and disruption." Mr. Ross added that Crown had not ruled out legal action. "Right now this is in the hands of our lawyers," he said. "We're waiting to see what their recommendations are." Ms. McCafferty's agent, Joanna Pulcini, also reacted to Ms. Viswanathan's apology. "It is understandably difficult for us to accept that Ms. Viswanathan's plagiarism was 'unintentional and unconscious,' as she has claimed," she said in a statement. Michael Pietsch, publisher of Little, Brown, said in response to Mr. Ross's statement, that the company was looking forward to "a speedy and amicable" solution. He added, however, he had not yet seen the 40 similarities that Mr. Ross has said existed between the books. "We look forward to hearing from the author and from Random House and to resolving this." The Harvard Crimson first reported the plagiarism charges on Saturday. Meanwhile Harvard would not say what, if any, disciplinary action it might take against Ms. Viswanathan. Robert Mitchell, the director of communications for Harvard's Faculty of Arts and Sciences, said in an interview, "We would not discuss any individual situation that might or might not come before the administrative board."A day after Kaavya Viswanathan admitted copying parts of her chick-lit novel, "How Opal Mehta Got Kissed, Got Wild and Got a Life," from another writer's works, the publisher of the two books she borrowed from called her apology "troubling and disingenuous." Author sorry for 'borrowed' work BBC 25 April 2006 -- A US student-novelist has apologised for similarities between her debut work and another writer's books. Harvard University student Kaavya Viswanathan said resemblances between her book and novels by Megan McCafferty were "unintentional and unconscious". She apologised to Ms McCafferty, saying she had been unaware that she had "internalized" the author's works. Ms Viswanathan promised to change How Opal Mehta Got Kissed, Got Wild, and Got a Life in future print runs. Hollywood studio DreamWorks has already acquired the movie rights to the book. A newspaper claimed seven passages in Ms Viswanathan's book closely resembled sections from Ms McCafferty's work. Ms Viswanathan's novel tells the story of a straight-A student from New Jersey, who is rejected from Harvard because she has no social life. 'Unintentional errors' The novels of former Cosmopolitan magazine editor Ms McCafferty follow a heroine from New Jersey who excels in high school but struggles with her identity and longs for a boyfriend. Ms Viswanathan said she had "read and loved" two of Ms McCafferty's novels when she was younger and was "very surprised and upset" to learn of the similarities with her own novel. She added: "I am a huge fan of her work and can honestly say that any phrasing similarities between her works and mine were completely unintentional and unconscious." The student also apologised to anyone who felt "misled by these unintentional errors on my part". She signed her contract with publisher Little Brown at the age of 17, making her the youngest author signed by the publisher in decades. Teenager earns top dollar for her Ivy League novel by John Harlow, Los Angeles Times, April 23, 2006 -- When Kaavya Viswanathan left Britain seven years ago she was a shy, awkward child who daydreamed of writing a prize-winning novel. Next week she will return as the most richly rewarded teenage author America has known. The 19-year-old, who is in her second year as an English student at Harvard University, is visiting to promote her debut novel about student life, which earned her a £281,000 advance ($500,0000 Cdn). Little, Brown, her publisher, says she is the youngest writer it has signed for “many, many years” and believes her advance is a record for a first novel by a teenager. She will receive much more after Steven Spielberg turns it into a film this year. The book, entitled How Opal Mehta Got Kissed, Got Wild, and Got a Life, soared into the American bestseller lists last week. A comedy about a young foreigner plotting to win a place at Harvard, it has won critical plaudits except at the university, where students seem embarrassed by its depiction of cliques and dating rituals. Viswanathan was born in southern India but lived in Aberdeen and Edinburgh until she was 12, when her family moved to the United States. She said the book was based on her experiences of college “boot camp”. Her doctor parents paid IvyWise, a New York company, £17,000 ($32,000 Cdn) for a course to prepare her to apply to Harvard and other Ivy League universities. An IvyWise executive read a 100-page draft of Opal Mehta — which was written when Viswanathan was 17. The executive passed it to a friend at the William Morris talent agency, which sold it to DreamWorks for an undisclosed sum. The film is due for release next year. Last week Viswanathan said she was still getting used to fame. “Although I want to go into investment banking after I graduate, I always used to dream about winning the Booker prize. Some people have said this is just chick lit. I know it’s not Anna Karenina but it is only my first book — who knows what I will write next?” She said the biggest shock was walking into a campus shop and seeing a pile of books with her photograph on the back. A friend pointed at her, shouting: “She’s the one who wrote that book!” Critics have likened it to a cross between Bend It Like Beckham and Mean Girls, a comedy about social competition in school that turned Lindsay Lohan into a star. It chronicles how Opal’s immigrant parents draw up a battle plan called HOWGIH — How Opal Will Get Into Harvard — which involves wearing Harvard nightshirts and learning college songs. When the geeky heroine is told by Harvard she must “raise her life quotient”, which has been a genuine Harvard admissions policy since the 1990s, her parents switch to plan B — HOWGAL, or How Opal Will Get a Life. She swots up on flirting, music and fashion and joins a status-obsessed clique called the Haute Bitchez. The Harvard Crimson student newspaper said that after news of the book deal “Viswanathan became the target of an inspired private butchering” by fellow students. “A little known fact about Harvard students is that we hate each other almost as much as the rest of the world hates us — maybe more,” wrote Elizabeth Green, a Crimson reviewer. She went on to say that the “unconvincing and unfelt” book perpetuated Harvard myths exposed in the comedy Legally Blonde starring Reese Witherspoon .
MUSIC - ABBA Rings Up Realtones Deal Billboard, April 22, 2006 Stockholm -- Swedish supergroup ABBA's hits have been available as master ringtones for the first time. Working with executives at Universal Music Sweden and Universal Music Mobile, the group¿s primary songwriters Benny Andersson and Björn Ulvaeus have personally approved the distribution of their hits as cellular ring signals. Universal Music Mobile, which handles the Universal Music Group¿s strategy in the mobile area, will market the ringtones through such telecom partners as Vodafone, Sprint, DoCoMo, and at least 60 other operators worldwide.
TV - 12th annual NAMIC Vision Awards by Hollywood Reporter, April 21, 2006 - The NAMIC honors "outstanding achievements in original, multiethnic cable programming." The network took home two nods -- "Mind of Mencia" and "Weekends at the DL" tied for best comedy -- at a black-tie gala at the Regent Beverly Wilshire. HBO's "Lackawanna Blues" was cited in the drama category, and Disney Channel's "That's So Raven" won in the children's category. Other winners included Steve Harvey for best comedic performance for hosting BET's "2005 Comedy Awards" and Irene Bedard for best dramatic performance for TNT's "Into the West." The awards were presented by the National Association for Multi-ethnicity in Communications and NAMIC-Southern California.
TV - Court throws out 'Friends' harassment lawsuit by Jesse Hiestand, Hollywood Reporter, April 21, 2006 -- Warner Bros. prevailed in a closely watched workplace speech case, as the California Supreme Court unanimously ruled that the sexual banter among writers on the hit series "Friends" did not violate the rights of a writers' assistant who sued for harassment. The 7-0 decision by the high court marked the end of Amaani Lyle's lawsuit, which was filed after she was fired in October 1999 over the quality of her transcription skills. Warner Bros. Television Prods. and the other defendants -- NBC Studios, Bright/Kauffman/Crane Prods. and writer-producers Adam Chase, Gregory Malins and Andrew Reich -- asserted First Amendment rights to free speech, but the justices did not need to consider what was essentially their second line of defense. The high court instead threw it out simply on the grounds that Lyle's claims did not amount to harassment under California law.
FILM - Adult Film Industry Again at the Tech Forefront: Downloads for TV will be offered. Hollywood may be looking at its own digital future. by D.Chmielewski and C.Hoffman, NYTimes April 19, 2006 -- A top producer of hard-core porn will start selling downloadable movies that customers can burn to DVD and watch on their TVs, illustrating how Southern California's multibillion-dollar adult entertainment industry may again set the technological pace for Hollywood. Letting people burn downloaded movies is considered key to the growth of online distribution. Despite the proliferation of fast Internet connections, most people still want to watch movies on television but lack an easy way to get them off the computer. Plus, hard drives can store only so many space-hogging movies. Hollywood has resisted burnable discs that can be watched on televisions because they fear piracy. It also doesn't want to alienate retailers, which sell most of its DVDs. But if history is any guide, the online experiment by adult entertainment giant Vivid Entertainment Group will be watched closely by mainstream studio chiefs."The simple fact is porn is an early adopter of new media," said Paul Saffo, director of the Institute for the Future in Palo Alto. "If you're trying to get something established . you're going to privately and secretly hope and pray that the porn industry likes your medium." Los Angeles-based Vivid will start selling burnable movies May 8 through online movie service CinemaNow. Marina del Rey-based CinemaNow last fall launched an adult service that it uses to experiment with features that might eventually become mainstream - such as pay-per-minute movie rentals and the ability to save favorite scenes. Vivid, producer of such titles as "Bad Wives" and "Generation Sex," will offer 30 downloadable videos for about $19.95 apiece that include everything that is on a standard DVD - cover art, scene navigation, bonus material and deleted scenes. The finished disc will be copy-protected to deter piracy. Despite their obvious differences, adult and mainstream entertainment companies face similar pressures in the Internet age. Both are grappling with how to deliver content securely and reliably to devices in a variety of ways, whether it's prepackaged on DVD for TVs or sent wirelessly to cellphones. Both also want to capitalize on digital delivery methods but can't afford to undercut their retail partners: big-box stores such as Wal-Mart Stores Inc. for the major studios and mom-and-pop video shops for the porn producers. They also fear online piracy, which the music industry partly blames for its lackluster sales. Historically, the porn industry has adopted new technologies more nimbly than Hollywood. It embraced home video in the late 1970s, allowing people to bypass seedy theaters and watch the movies in their living rooms. Mainstream studios, by contrast, fought home video all the way to the Supreme Court before making it one of the most profitable pieces of their business. In the same way, porn producers were among the first to recognize the potential of the Internet, offering streaming video long before high-speed Internet connections made it practical. This month, several major Hollywood studios agreed to sell movies online through CinemaNow and rival service Movielink. Although consumers can download and keep a copy of "King Kong," "Brokeback Mountain" and "Good Night, and Good Luck," the DVDs they make play only on computers. The ability to deliver content over the Internet that can play in any DVD player is "the holy grail," said Richard Doherty of market research firm Envisioneering Group. "Everybody wants to find something that sticks," he said. "We've got a billion devices ready to play these. Making it compatible with that, and the convenience of electronic delivery, is a proven, desired business model which should stick and grow." All the major Hollywood studios contacted for this story declined to comment. In addition to Vivid, other porn companies including Chatsworth-based Red Light District plan similar services. Michael H. Klien, president of LFP Internet Group, the online distribution arm for the publisher of Hustler magazine, said the company was interested but still evaluating the new DVD technology. CinemaNow Chief Executive Curt Marvis declined to identify the makers of the technology used by the company, which is partly owned by Microsoft Corp. A spokesman for Microsoft, which powers many online video efforts, said that although the company marketed similar DVD-burning software, it was not involved in the Vivid deal. "In a perfect world, it is a technology that could be accepted by traditional content providers," Marvis said. "They might be a bit slower to adopt it because they always are." The Internet solves two of the porn industry's biggest challenges: distribution and privacy. Wal-Mart and Blockbuster Inc. won't sell porn. Nor do most customers relish the embarrassment of browsing in the back room of their local video store for porn. "Those are the two reasons we'll always be in the forefront," Vivid Co-Chairman Bill Asher said. "We have to." Sex is big business. The porn industry's main trade publication, Adult Video News, estimated global 2005 sales at $12.6 billion. But that figure is difficult to verify because porn companies are private and closely held. As with Hollywood, DVDs account for the largest piece of the porn industry's revenue - 34%; for mainstream studios, they account for nearly 50%. Porn producers say changes in zoning laws around the U.S. have forced adult movie stores to the margins of commerce - usually in industrial or commercial zones - pushing more consumers online for their flesh fix. The Web offers a cornucopia of content without the stigma. "Three years ago, DVDs were responsible for 90% of our income," said Vivid's Steven Hirsch, who founded the company in 1985 with David James. "This year, it will account for 30% of our sales. With the Internet there is no distributor between you and the consumer, so you can keep a larger part of the revenue stream."
FILM - Canada at The 2006 Tribeca Film Festival (April 25 - May 7, 2006) - The 5th Annual Tribeca Film Festival features nine Canadian films (features and shorts) including two feature spotlights. In 2002, The Tribeca Film Festival was created by Jane Rosenthal and Robert De Niro to enable the international film community and the general public to experience the power of film, celebrate New York City as a major filmmaking center, and contribute to the long-term recovery of lower Manhattan.For more information on Canadian screenings, please visit: www.tribecafilmfestival.org.
MUSIC - Indie labels break with CRIA over commercial radio proposal by cbc.ca 13apr06 -- Six leading indie record labels have split from the Canadian Recording Industry Association over the group's recent proposal to the CRTC that includes changes to how Canadian music is defined. "It has become increasingly clear over the past few months that CRIA's position on several important music industry issues are not aligned with our best interests as independent recording companies," the six labels wrote in a letter to CRIA president Graham Henderson, copying others, including federal Culture Minister Bev Oda. "We do not feel that we can remain members given CRIA's decision to advocate solely on behalf of the four major foreign multi-national labels," the letter said. Nettwerk Records, True North Records, Aquarius Records, the Children's Group, Anthem Records and Linus Entertainment want greater support for both emerging and independent Canadian artists. They have accused the CRIA of looking out for the best interests of multinational music companies rather than Canadian acts. The CRIA is a non-profit trade organization and lobby group representing the Canadian recording industry. Its membership includes the Canadian arms of major international companies EMI, Sony BMG, Universal and Warner. CRTC reviewing commercial radio policy The Canadian Radio-television and Telecommunications Commission, the country's broadcast regulator, is currently reviewing its commercial radio policy and has requested proposals from the public. It last looked at the policy in 1998 and one of the amendments introduced then was increasing the quota of Canadian content on commercial radio to 35 per cent (from 30 per cent). This time around, the CRIA is instead suggesting changes to the MAPL system, which is used to define a song's "Canadian-ness." The system grants points based on whether a song was composed, its lyrics written or the music performed by a domestic artist. Also, points are granted if the song was recorded wholly or performed live in Canada. To qualify as Canadian, the song must fulfill two of the requirements. The system has courted controversy, however, including in 1992, when the hit Bryan Adams song (Everything I Do) I Do It For You was deemed not Canadian content because he had collaborated with foreign producers. CRIA cites more international collaboration The CRIA is proposing that to reflect today's climate of international collaboration between singers, musicians and producers, less weight be given to where a song is produced and more on whether the performer himself is a Canadian citizen. The association feels this will support Canadian artists such as Michael Bublé and Nelly Furtado, who often collaborate and record with producers in the U.S. The CRIA is also proposing that playing the music of up-and-coming Canadian artists during primetime be worth more Cancon "credit" to radio stations and that funding earmarked to support new artists be concentrated in the hands of talent development organizations. However, the six indie record labels charge that "if implemented [these proposals] would have a material negative effect on the future growth of Canadian independent music." According to the Canadian Press, the indie labels will now look to the Canadian Independent Record Production Association to be their industry representative. In its proposals to the CRTC, this group has asked that the Cancon quota be increased to 45 per cent.
BOOKS & COPYRIGHT - Dan Brown Wins Da Vinci Code Copyright Case by Steve Taylor, The Deadbolt, April 7, 2006 -- Best-selling author Dan Brown has been exonerated of the charge of plagiarism revolving around his massively popular book, The Da Vinci Code. The High Court in London read the ruling this morning, much to the elation of Brown, and much to the dismay of Michael Baigent and Richard Leigh. Brown had been accused by the two historians that he plagiarized their novels on the same subject as The Da Vinci Code. In the verdict read by judge Peter Smith, and reprinted by Reuters.uk, the court found that "Even if the central themes were copied, they are too general or of too low a level of abstraction to be capable of protection by copyright law." The judge also said that while Dan Brown may have used bits of the 1982 book, The Holy Blood and the Holy Grail, it was not enough to amount to a breach of the copyright. Another part of the 71-page ruling was quoted by CBS News, which read "It would be quite wrong if fictional writers were to have their writings pored over in the way DVC (Da Vinci Code) has been pored over in this case by authors of pretend historical books to make an allegation of infringement of copyright." The lawsuit stems from the fact that both books discuss the idea that Jesus and prostitute Mary Magdalene had a child together and that the bloodline of Jesus has continued on to present times. Michael Baigent and Richard Leigh wrote a historical novel on the subject, and Dan Brown used the idea in his fictional thriller. A third author of The Holy Blood and the Holy Grail, Henry Lincoln, chose not to participate in the lawsuit. Dan Brown was elated at the news of his vindication. As he was quoted by the BBC, "I'm pleased with today's outcome, not only from a personal standpoint, but also as a novelist. Books are an important part of our culture, and this is a good day both for those who write and for those who enjoy reading." Brown would also say "A novelist must be free to draw appropriately from historical works without fear that he'll be sued and forced to stand in a courtroom facing a series of allegations that call into question his very integrity as a person." Brown said he was "eager to get back to writing my new novel," and added that he was "still astonished that these two authors chose to file their suit at all." As for the plaintiffs, their reaction was one of shock and dismay. The BBC quoted Richard Leigh's reaction as "I think by its very nature, this case entailed a conflict between the spirit of the law and the letter of the law. We lost on the letter of the law, I think we won on the spirit of the law, and to that extent we feel vindicated." The lawyer for Baigent and Leigh, Paul Sutton, said "Mr Baigent and Mr Leigh are clearly disappointed with the judge's dismissal of their claim. However, the judge found that Dan Brown copied from their book The Holy Blood and the Holy Grail - but just not in a way that UK copyright law protects. Sutton would go on to say "Mr Baigent and Mr Leigh remain committed to their case and are expected to appeal against the decision once they have fully digested the judgement in collaboration with their advisers." Despite the fact that the lawyer for Baigent and Leigh has said the authors intend to appeal the decision, the court has ruled that the authors shall not have permission to do so. As another part of the ruling, the court has ordered Baigent and Leigh to pay 85% of publisher Random House's court and legal fees. Random House is believed to have incurred roughly £1.3 million ($2.26 million US). Mr Justice Smith has ordered that the plaintiffs in the case must pay a down payment of £350,000 ($610,000 US) by May 5th. This bill will be added to their own legal costs, which were estimated in court at £800,000 ($1.4 million US). Random House, the publisher of both The Da Vinci Code and The Holy Blood and the Holy Grail, weighed in on the verdict. Gail Rebuck, Random House's Chairman and Chief Executive, was quoted by the BBC as saying "We welcome today's judgement and at Random House we are pleased that justice - and common sense - have prevailed. It is highly unusual and very sad that these authors chose to sue their publishers, especially after 20 successful years. This case has been extremely distressing for all concerned. We never believed it should have come to court - and frequently tried to explain why to the claimants." Rebuck went on to say "Copyright law tries to strike a fair balance between protecting the rights of authors and allowing literary freedom. Happily, today's judgement ensures that novelists remain free to draw on ideas and historical research." Rebuck also went on to "thank Dan Brown for his patience and terrific support, and our legal team who have worked tirelessly on this case." Sony Pictures even weighed in, to say they were happy with the outcome of the case, and to say that they will still be releasing the $57 million movie The Da Vinci Code on May 19. The Da Vinci Code movie stars Tom Hanks (Saving Private Ryan, Terminal), Ian McKellen (X-Men, Lord of the Rings), Alfred Molina, Audrey Tautou and Jean Reno. The movie will be directed by Ron Howard (Cinderella Man, A Beautiful Mind). Since its publishing began in 2003, The Da Vinci Code has sold more than 40 million copies worldwide, netting author Dan Brown £250 million ($442 million US). The Da Vinci Code has never left the British top ten sales charts, and The Holy Blood and the Holy Grail has found its way back onto the top 40 list. The Da Vinci Code has been released in paperback in the United States this week, and has sold 500,000 copies. This is not the first time Dan Brown has faced these allegations. As Reuters.uk reported, "Last August, he won a ruling in New York against another writer who claimed he had copied elements of two of his books to write The Da Vinci Code". Da Vinci' Case Opens Can of Worms: Trial tries to draw line between research and plagiarism (AP) 01apr06 -- Two historians are accusing Dan Brown, author of The Da Vinci Code, of copying their work from Holy Blood, Holy Grail. The books, both published by Doubleday, share the idea that Jesus married Mary Magdalene. Right after the legal scandal started, sales for Holy Blood, Holy Grail went up 3,500 percent, according to Amazon.com. The trial, taking place at London's Royal Courts of Justice, has become a circus of photographers, journalists, and fans.The author had to leave his home in the United States to face the charges of historians Michael Baigent and Richard Leigh. They accused him of stealing the "structure" of their work published in 1982. Copyright experts based in London bet on Brown. Lorna Brazell, from the Intellectual Property Department at the firm Bird and Bird, said, "Since the beginning, they had a weak case: Copyright protects the creative expressions, but (the historians) argue that their historical research was stolen. The problem is that a historical fact is information available to the public domain to be used for creative purposes."The trial hits the very core of the creative writing process when it questions whether one has freedom to work based on other's ideas or research. Generally, an author can claim his or her copyrights have been violated and receive monetary compensation."If they can show that The Da Vinci Code expresses the same historical events in the same sequence, the same central narrative as their book, then they may be successful. If Brown has just used this idea -- that Jesus married Mary Magdalene -- as the basis for a fictional thriller, it's difficult for me to imagine that the court will find infringement," Brazell previously told Bloomberg. Copyright expert Robin Fry of the London law firm Beachcroft Wansbroughs told The Christian Science Monitor that "ideas aren't protected under English law." "The paradox here is that you can have a 600-page book and someone steals one paragraph and that's a copyright breach, but if you steal the whole basis of the book, then that's not a breach," Fry said.David Hooper, a solicitor specializing in copyright law, told The Guardian: ""You can't copyright an idea. Unless you've got something like a patent or a trademark, you haven't got a monopoly."Brazell explained the situation to OhmyNews in the following terms: "If Brown wins, it means we keep the traditional concept of copyright in the UK." That is, the protection of the form in which ideas are expressed. The judge presiding over the case asked Baigent which precise paragraphs had allegedly been copied. The historian answered with a rhetorical question: "Why should he have used parts of the book? He was not writing a historical book, but a novel.""If the accusation is too general, then you are not protected," the judge told him. When it was time for Brown to testify, he told the court: "I am not that crazy to not know what 'copy' means. It means identical. The book is not identical. In simple terms, plagiarism is to take someone else's and make it seem as yours."The judge is expected to give his verdict before April 9. If Brown loses, the launching of a Hollywood movie based on The Da Vinci Code, slated for a May 19 release in the United States, could be re-scheduled. Da Vinci Code' Author Brown Takes Stand by Jill Lawless, London Mar 13, 2006 (AP) -Almost three years to the day that "The Da Vinci Code" was first published, American author Dan Brown found himself on a witness stand in courtroom 61 of London's High Court on Monday, denying accusations he copied from others to produce his huge best-seller. Authors Michael Baigent and Richard Leigh are suing "Da Vinci Code" publisher Random House for copyright infringement, claiming Brown "appropriated the architecture" of their 1982 nonfiction book "The Holy Blood and the Holy Grail." Both books explore theories dismissed by theologians but embraced by millions of readers that Jesus married Mary Magdalene, the couple had a child and the bloodline survives. If the writers succeed in securing an injunction to bar the use of their material, they could hold up the scheduled May 19 release of "The Da Vinci Code" film starring Tom Hanks and Ian McKellen. With his book an international sensation, Brown has rarely spoken to the media over the past couple of years and has made few public appearances, spending much of his time in his rural New Hampshire home, working on a new novel. But over the past couple of weeks, the 41-year-old author has watched lawyers dissect accounts of the medieval Knights Templar, the secretive Priory of Sion and the Merovingian royal line allegedly descended from Jesus. In a witness statement released Monday as Brown took the stand, the writer said it was "absurd to suggest that I have organized and presented my novel in accordance with the same general principles" as the earlier book. Responding to questions from the plaintiffs' attorney, Brown said much of the research for the book was done by his wife, Blythe. "She was deeply passionate about the sacred feminine," Brown said. Brown's lawyers released a previous witness statement in which the author said he was shocked by the allegations. Baigent and Leigh are only two of a number of authors who have written about the bloodline story, and yet I went out of my way to mention them for being the one who brought the story to mainstream attention," Brown said in the statement. "I have been shocked at their reaction; furthermore I do not really understand it." The plaintiffs' allegations contain "numerous sweeping statements which seem to me to be completely fanciful," Brown said. Random House lawyers argue that the ideas in dispute are so general they are not protected by copyright. They also say many of the ideas in "The Holy Blood and the Holy Grail" do not feature in Brown's novel, which follows fictional professor Robert Langdon as he investigates the murder of an elderly member of an ancient society that guards dark secrets about the story of Jesus and the quest for the Holy Grail. Under cross-examination, Brown acknowledged some uncertainty about the dates of events leading up to the March 18, 2003, publication of "The Da Vinci Code." In his statement, however, he said he was certain he and his wife had not consulted "The Holy Blood and the Holy Grail" for research until after the ideas and storyline of "The Da Vinci Code" were "very well developed." "All of my early research came from other sources," he said. Among the documents submitted to court were 39 books and more than 300 documents Brown said he consulted while writing "The Da Vinci Code." During more than three days of cross-examination last week by Random House lawyer John Baldwin, Baigent conceded that several key points in the claimants' case were wrong including the claim that "The Da Vinci Code" contained all the same historical conjecture as the earlier book. "I would concede that 'all' is far too strong," Baigent said. "I would say 'most.'" Brown's fast-moving theological thriller has sold more than 40 million copies since it was published three years ago this week. "The Holy Blood and the Holy Grail" a more modest best-seller on its release has seen a surge in sales since the trial began, going from about 350 copies sold a week in Britain to 3,000, according trade publication The Bookseller. The third author of "The Holy Blood and the Holy Grail," Henry Lincoln, is not involved in the case. A lawyer for the plaintiffs, Paul Sutton, refused to say why he was not participating. Lincoln, who is in his 70s and reportedly in poor health, could not be reached for comment. Da Vinci Code Lawsuit - London Times, March 08, 2006 -- I’m not as right as I thought I was, Da Vinci accuser admits WHAT was Godfrey de Bouillon’s real reason for undertaking the First Crusade in 1099? And did the Emperor Constantine really convert to Christianity after the Battle of Milvian Bridge in AD312, or was it on his deathbed? You would not find the answer to either question in The Da Vinci Code (DVC), the High Court was told yesterday. And that is because, according to the defence case, Dan Brown’s hugely successful thriller is not the rip-off from a work of religious speculation that it is alleged to be. Michael Baigent and Richard Leigh, co-authors of The Holy Blood and The Holy Grail (HBHG), a bestseller when published in 1982, are suing Brown’s publishers for breach of copyright. They claim that the novel stole much of its plot from their work, which explores the theory that Christ married and had children, and that the Roman Catholic Church has been trying to hush it up ever since. It was not a good day for the claimants yesterday, when the hearing resumed after a six-day adjournment to allow Mr Justice Peter Smith to read both books carefully. Under withering cross-examination from John Baldwin, QC, representing Random House, the publishers, Baigent admitted that some of the evidence in his 80-page witness statement to the court was false. The claimants allege that Brown lifted at least 15 ideas from their book. To support their case, they presented a number of book reviews and a reader’s letter to The Times purporting to show the similarities in the two works. In his written witness statement, Baigent had alleged that Brown had “used a thriller plot to disseminate the central theme of HBHG”. Mr Baldwin showed that HBHG’s theories about Godfrey de Bouillon, the Emperor Constantine and a number of other points did not appear in The Da Vinci Code. “I think I could have phrased that paragraph more felicitously,” Baigent said. “You could have told the truth, for instance,” Mr Baldwin shot back. Pressed further on whether reviewers shared his view that the plot of DVC was based on HBHG, Baigent said: “I should have said ‘appeared to share’.” He added: “I cannot establish beyond a shadow of doubt that they share every single one of the 15 points.” Reviewers, Mr Baldwin said, had highlighted an important theme of HBHG as being that Christ did not die on the Cross and that He faked His own Crucifixion. That, along with many other points, were not in DVC. “They are not, that is true,” Baigent conceded. Mr Baldwin asked Baigent why he had signed a statement containing paragraphs that were false. “I believed it to be true, but I am prepared to state now that I was not right.” Even the judge weighed in: “You can’t have believed this witness statement when you drew it up. You are now drawing completely the opposite conclusion.” Baigent replied: “I didn’t read them [the reviews] with the correct assiduity that I should have done.” The hearing continues. Publisher's lawyer in 'Da Vinci Code' case says ideas too general - by Jill Lawless, Associated Press Feb28, 2006 LONDON -- A lawyer for the publisher of the "The Da Vinci Code" argued in court Tuesday that ideas which two writers claim were stolen for Dan Brown's blockbuster novel are so general they are not protected by copyright. The publisher's lawyer, John Baldwin, said the claim by Baigent and Leigh "relates to and seeks to monopolize ideas at such a high level of generality that they are not protected by copyright." Brown, who is expected to testify next week, was in court for the second day of the trial. It was expected to recess later in the day until next Tuesday, providing time for the judge, Peter Smith, to read both books and related texts. The authori, who lives in Exeter, N.H., has been working on a new novel. If Baigent and Leigh -- whose work claimed Jesus married Mary Magdalene, that the couple had a child and that the bloodline survives -- succeed in securing an injunction to bar the use of their material, they could hold up the May 19 release of "The Da Vinci Code" film, starring Tom Hanks and Ian McKellen. Sony Pictures said it planned to release the film as scheduled. Baldwin said many important themes of "The Holy Blood and the Holy Grail" did not feature in "The Da Vinci Code," particularly the idea that a secretive order called the Priory of Sion exists and seeks to restore descendants of Jesus Christ to the thrones of Europe. Baldwin said this was a "massive point" in the earlier book but was not stressed by Brown. Baigent, born in New Zealand, and Leigh, originally from the United States, are suing Random House, which also published their book. The company denies the claim and chief executive Gail Rebuck said in a statement she believed the lawsuit was without merit. The book's third writer, Henry Lincoln, is not involved in the case. Jonathan Rayner James, a lawyer for the plaintiffs, said Monday that his clients were not attempting to "stultify creative endeavor" or to claim a monopoly on ideas or historical debate, but to prove Brown had "relied heavily" on the earlier work, published in Britain in 1982 and the following year in the United States. Baldwin said Brown developed most of the central ideas of his book independently. "He found the ideas that he wanted to use in his novel before either he or his wife had looked at 'The Holy Blood and the Holy Grail,'" Baldwin said. "The story line was very well developed. He had the ideas in place, and decided to use them." Baldwin said many of the ideas the claimants sought to protect were not original. "They are ideas the claimants have taken from other sources," he said. Brown's book also was the target of a previous lawsuit. In 2005, a U.S. judge in New York ruled that his book did not infringe on the copyrights of "Daughter of God," by Lewis Perdue. The judge also ruled out any copyright violations of Perdue's 1983 novel, "The Da Vinci Legacy." Da Vinci Code author faces British court battle - 27feb2006 Globe&Mail London -- The author of the blockbuster novel The Da Vinci Code faces an English High Court challenge Monday from two men who claim he stole their ideas. Michael Baigent and Richard Leigh are suing their own publishers, Random House, claiming Dan Brown's book draws heavily on their 1982 bestseller Holy Blood, Holy Grail. Baigent's and Leigh's book tackles theories that Jesus and Mary Magdalene married and had a child, and that their blood line continues to the present day -- with the awareness of the Catholic Church. Brown's book explores similar themes about the Vatican covering up the true story of Jesus. If Baigent and Leigh are successful, the case could threaten the British release of the film adaptation of The Da Vinci Code in May.
COPYRIGHT - Microsoft sues 11 Software Pirates 6 April, 2006 by Liam Lahey eChannelNews -- Microsoft Corp. has filed 11 lawsuits against resellers of illegal software and/or software components recently, the software giant confirmed. These latest actions, filed against companies in California, Illinois, Kentucky, New York, South Carolina and Texas, allege a variety of infringing actions, including violation of laws governing hard-disk loading, counterfeiting, and certificates of authenticity (COAs). The lawsuits also mark the twentieth filed by Microsoft against software pirates this year, confirmed Lisa Willmer, anti-piracy attorney for Microsoft in Redmond, Wash. She said Microsoft would be ramping up its' enforcement efforts this year as a means of protecting consumers and channel partners from the risks of illegitimate counterfeit products. "These entities were selling systems with software that was pirated, in some cases hard-disk loaded," she said. "Microsoft is responding to complaints coming from our customers and legitimate business partners." Of the 11 companies named in the respective suits: Acortech Co. City of Industry, Calif., for allegedly distributing counterfeit Windows XP COAs; Abro Computers of Santa Maria, Calif., for allegedly distributing illegal Windows 98 and Windows XP Pro software; Eureka Systems Inc. of Palatine, Ill., allegedly distributing counterfeit Windows XP Pro software; Affordable Computers of Ashland, Ky., for allegedly infringing and distributing Windows XP Pro and Office 2003 software; Computer Care Center Inc. of Flushing, N.Y., for allegedly infringing and distributing Windows XP Pro and Office XP Pro software; Universal Computers & Electronics Inc. of Long Island City, N.Y., for allegedly infringing and distributing Windows XP and Office XP Pro software; KC Computers of Penfield, N.Y., for allegedly infringing and distributing Windows XP Pro software; CRC Computer Center of Wantagh, N.Y., for allegedly infringing and distributing Windows 98, Office 2000 Premium and XP Pro software; Computer Resource of Georgetown, S.C., for allegedly infringing and distributing Windows XP Pro and Office 2003 Pro software; Com-Tec of Cold Spring, Texas, for allegedly infringing and distributing Windows 98, Office 2000 Pro, and Office XP Pro software; Fast Computers of Houston, Texas, for allegedly infringing and distributing Windows 2000 Pro, Office 2000 Pro, and Office 2000 Premium software. Willmer would neither confirm nor deny if any of the aforementioned 11 firms were once considered legitimate Microsoft business partners on any level. She highlighted Microsoft's Genuine Software Initiative as being the prime mechanism combating software counterfeiting and other forms of software piracy. With its' focus on education, engineering, and enforcement Willmer said these latest lawsuits are more than the company has filed previously in a typical month. She also said Microsoft expects the rise of what she called "software pirates" to increase and that these latest actions were indicative of a trend. Informants can contact Microsoft's anti-piracy hotline, 1-800-RU-LEGIT, as well as through the company's newly launched Windows Genuine Advantage (WGA) program an online tool that allows customers to determine whether their software is genuine. Microsoft also gathered evidence on these latest lawsuits through its' ongoing test purchase program, officials said.
FILM - Selling Digital Versions of Films 06apr2006 AP -- Hollywood studios will start selling digital versions of films such as "Brokeback Mountain" and "King Kong" on the Internet this week, the first time major movies have been available online to own.The films can't be burned onto a disc for viewing on a DVD player. Still, the move is seen as a step toward full digital distribution of movies over the Internet.Six studios said they would announce Monday that sales will begin through the download Web site Movielink. The site is jointly owned by five of the seven major studios.Warner Bros., Universal Pictures, Sony Pictures, Paramount Pictures, Twentieth Century Fox and MGM will offer some first-run and older titles on Movielink. New films will be priced similar to DVDs — between $20 and $30 — while older titles will sell for $10 to $20.In a separate announcement, Sony and Lionsgate said they will sell films through the CinemaNow site.Only films from The Walt Disney Co. will not be available, although both services say talks are ongoing."Digital delivery hasn't arrived until the major studios allow home ownership, and now they have and now digital delivery is very real," said Jim Ramo, Movielink's chief executive.Studios will sell some new films online the same day they become available on DVD. Most films will be made available within 45 days.Studios began renting films online several years ago as a way to combat illegal downloading. Movies have been available through the Internet 30 to 45 days after hitting video stores, with rentals lasting just 24 hours for viewing primarily on computer screens.Digital delivery of video grew rapidly after Apple Computer Inc. began selling episodes of TV shows through its iTunes online store last October.This year, devices powered by new Intel computer chips and TV service delivered over the Internet will allow more consumers to watch Web video on their TVs instead of their computer screens, a key factor in downloading to own, analysts said.Studios are being cautious about selling films online in part because DVD sales produce more profit than box office receipts.But studios are also preparing for the day when major retailers such as Wal-Mart and Amazon.com begin offering their own movie download services."The important thing is to embrace the future, respect the economics of DVD but move forward into digital delivery," said Ben Feingold, president of Worldwide Home Entertainment at Sony Pictures.The films available on Movielink can be stored indefinitely on a computer hard drive or transferred to as many as two other computers. The movies can be played on a TV if the computer is part of a home network.A copy can be burned to a DVD as a backup. Discs can be played on up three PCs authorized by Movielink but cannot be viewed on a standard DVD player because of special security coding.Consumers will not be able to transfer the films from a PC or laptop to a handheld portable viewing device. But that capability should be available sometime within the next year, Ramo said.Films on CinemaNow will be playable on just one computer. The company said it eventually expects studios to allow consumers to burn movies on DVD and transfer them to portable devices.
MUSIC - Annual Canadian JUNO Awards - Halifax 03apr2006 -- Vancouver crooner, Michael Buble, whose hit song "Home" has reaped international accolades, picked up awards for single of the year, album of the year and artist of the year at Sunday night's Juno Awards ceremony in Halifax, organized by CARAS and broadcast live on the CTV network. Bryan Adams, who has been belting out Canadian rock for more than 25 years, was this year's inductee into the Canadian Music Hall of Fame.Montreal-based indie rock band Arcade Fire won the prestigious songwriter of the year award for the songs "Wake Up," "Rebellion (Lies)" and "Neighbourhood #3 (Power Out)" off their debut album Funeral.But the real shocker of the night was the failure of B.C.-based rockers Nickelback to pick up any more awards. While the band has been riding a wave of success with a leading six Juno nominations and winning for group of the year and rock album of year Saturday night, their run came to a standstill after they were edged out in the Fan Choice, single and album of the year categories. Other winners at Saturday's gala included the legendary rocker Neil Young, whose album Prairie Wind has been hailed as a return to his country-rock roots. The iconic band The Tragically Hip picked up two Junos, while Diana Krall and newbie Daniel Powter were also among those honoured.
MUSIC & COPYRIGHT - Entertainment Lawyer & College Professor Mark Vinet was recently interviewed for a popular TV current affairs program on the topic of MUSIC DOWNLOADING: Ethical or illegal? The program shall be broadcast throughout Canada and France on the TV5 QUÉBEC CANADA network at 7pm on Wednesday, April 12th, 2006 (re-broadcast at 8:30am on Friday April 14th). BIEN OU MAL ?: Téléchargement ou piratage ? Diffusion TV5 QUÉBEC CANADA mercredi 12 avril 2006 à 19h00 (rediffusion le vendredi 14 avril à 08h30) BIEN OU MAL ?: chaque sujet tiré des grands débats actuels présente aussi des enjeux sociaux, politiques et économiques. Cette semaine: invité Mark Vinet - La révolution numérique bouleverse totalement notre rapport à l'art, à la création. À partir du moment où l'ouvre d'un créateur, transformée en une série de 1 et de 0, peut être multipliée à l'infinie et téléchargée de partout dans le monde en quelques secondes, notre conception traditionnelle de la propriété intellectuelle tient-elle toujours?
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