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Intellectual Property News
Justice Department Announces First Ever Conviction For Infringing Copyrights
A Minnesota woman today pleaded guilty to conspiring to willfully reproduce and distribute hundreds of thousands of infringing copies of copyright-protected karaoke sound recordings that were pre-loaded onto computer hard drives and then sold on eBay and other online auction sites, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Rachel K. Paulose for the District of Minnesota announced today.
Tracy Ann Brock, 43, of Burnsville, Minnesota, pleaded guilty to a one-count felony information charging her with conspiracy to commit criminal copyright infringement. The plea was entered before United States District Judge David S. Doty. Ms. Brock faces up to five years in prison, a fine of $250,000, and three years of supervised release.
Ms. Brock’s conviction is the first ever criminal conviction for infringing copyrighted karaoke music and is part of the Department of Justice’s broader initiative to combat online auction piracy. From April 2004 and continuing until July 2006, Ms. Brock, as President and co-owner of Star Music, Inc., conspired to reproduce and upload hundreds of thousands of infringing copies of copyright-protected karaoke songs onto hundreds of computer hard drives. During this time, Ms. Brock also conspired to sell these pre-loaded computer hard drives for profit through various entities and websites, including eBay. Read more at cybercrime.gov.
There are many things that are not protected under copyright.
Copyright does not protect systems, ideas, facts or methods of operation, but it may protect the way of expression.
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Definition:
An invasion of one of the exclusive rights of intellectual property. Infringement of a utility patent involves the making, using, selling, offering to sell, or importing of a patented product or process without permission.
Passing Off
Definition:
The substitution of one brand of goods when another brand is ordered. Trademark infringement where the infringer intentionally meant to mislead or deceive purchasers.
Suggestive Term
Definition:
Is considered to be inherently distinctive and needs no proof of secondary meaning for registration or protection in court. For example, polar bear for parkas and coats merely suggests the kind of protection that a polar bear has from the cold.
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