Minnetonka Based UnitedHealth Group Loses Domain Name Battle

Optum, Inc. v. Paul Mellen / Mellen Marketing Claim Number: FA1712001762046 Optum, Inc., a subsidiary of Minnetonka based UnitedHealth Group recently filed claims against Mellen Marketing who had registered the domains <healthsafeid.com>, <healthsafeid.info>, <healthsafeid.net>, and <healthsafeid.org>.  Optum's attorney (Kenneth L. Wilton of Seyfarth Shaw LLP, California) based their claim, in part, on an allegation that Mellen had specifically targeted Optum and had repeatedly offered to sell the domains  for two-million dollars.  Mellon responded by alleging that the domains were registered in relation to a prior business he was engaged in, and that Optum first approached him about purchasing the domains.  The Panel deciding the matter found that Optum didn't began using the HEALTHSAFE ID Mark in commerce until October 1, 2016, and Mellon registered the domains  on March 22, 2016. The ICANN Uniform Dispute Resolution Policy (UDRP) requires that a complainant prove three elements to obtain an order that a domain name should be cancelled or transferred: the domain name registered by Respondent is...
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Copyright Office Introduces Online Group Registration of Photographs

In recognition of the difficulties facing photographer's to register large volumes of photographs, the U.S. Copyright Office has announced that starting in February (2/20/2018) , they will accept group registrations of photographs via the online registration system (eCO).  Each online application can include up to 750 images from a single copyright owner (not photographer).  The Final Rule published by Copyright Office includes a number of other modifications, as well as a detailed discussion of the reasoning behind these changes. Included in the discussion was this analysis of the needs of photographers: The CVA surveyed 1,744 photographers and asked them to identify the average number of photographs that they take in a single day and over the course of a single month. The vast majority of the respondents—70%—reported that they take fewer than 750 photos on an average day, while another 17% reported that they take between 751 and 1,500 photos on an average day. This presumably represents the average rate for a daily photo...
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Less is More: Copyright Office Changes Deposit Requirement for Musical Compositions.

Modification of Current Deposit Rules The United States Copyright Office on Tuesday (January 17, 2018) published a modification to the current rules regarding registration of musical compositions.  Under the current rules, registration of compositions that have been published in both print and as part of a sound recording  can be registered by depositing a copy of the recording only.  This modification, changes this rule and requires that the print edition be submitted.  However, if only the recording exists at the time of the application, only the submission of the recording is required. This modification is in line with the requirement that applicants must submit the "Best Edition" of the work. The final rule is available here and goes into effect on February 16, 2018. What Does this Change Mean to Me? Composers should take note that this change may require the submission of a complete set of sheet music if it exists.  The rule and commentary remains somewhat vague as to whether, with less formal compositions, publication...
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Copyright Office Proposes Rule to Establish a Group Registration for Unpublished Works

NewsNet Issue 686 October 12, 2017 Copyright Office Proposes Rule to Establish a Group Registration for Unpublished Works The United States Copyright Office is proposing to create a new group registration option for a limited number of unpublished works. The proposed rule would replace the current “unpublished collections” registration option. Among other things, applicants would be required to submit an online application and upload their works to the electronic registration system, although the Office may waive these requirements in exceptional cases. The proposed rule offers a number of significant benefits compared to current practices: it would allow the Office to more easily examine each work for copyrightable authorship, to create a more robust record of the claim, and to improve the overall efficiency of the registration process. The notice of proposed rulemaking and instructions on how to submit a comment are available here. Written comments must be received no later than November 13, 2017, at 11:59 p.m. Eastern time....
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Copyright Office Releases Comprehensive Music Licensing Study

LOC NewsNet Issue 567 February 5, 2015 Copyright Office Releases Comprehensive Music Licensing Study The U.S. Copyright Office has released a comprehensive study, “Copyright and the Music Marketplace,” detailing the aging music licensing framework as well as the ever-evolving needs of those who create and invest in music in the twenty-first century. In addition to providing an exhaustive review of the existing system, the report makes a number of recommendations that would bring both clarity and relief to songwriters, artists, publishers, record labels, and digital delivery services. “Few would dispute that music is culturally essential and economically important to the world we live in,” said Maria A. Pallante, Register of Copyrights, “but the reality is that both music creators and the innovators who support them are increasingly doing business in legal quicksand. As this report makes clear, this state of affairs neither furthers the copyright law nor befits a nation as creative as the United States.” There is broad consensus across the music industry on...
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Copyright Office Announces Public Roundtable Discussions for Music Licensing Study

From the United States Copyright Office NewsNet 542 May 5, 2014 The U.S. Copyright Office will hold a series of public roundtables to gather input for its music licensing study. The roundtables will take place in Nashville, Tennessee on June 4 and 5, 2014, in Los Angeles, California, on June 16 and 17, 2014, and in New York, New York, on June 23 and 24, 2014. The roundtables will offer an opportunity for interested parties to comment on the music licensing issues set forth in the Notice of Inquiry issued by the Office on March 17, 2014. Those seeking to participate in the roundtables should complete and submit the online form. Requests to participate must be received by the Copyright Office by May 20, 2014....
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