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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.
Definition:
This is a contractual agreement from a copyright owner or the owner's authorized agent, such as a third party vendor, allowing another party to exercise one or more of the exclusive rights provided the copyright owner under the Copyright Law (See FAQ Section 2.1.5).
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.
Novelty and prior art
Definition:
A trade secret may be a device or process which is patentable; but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability. These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research.
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