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Posted (edited)
3 hours ago, Brisketexan said:

Interestingly enough, I am literally reading case law on Federal Claims takings issues, including when the underlying act is not authorized by Congress.  This is different, as it's a question of executive (not Congressional) authority, but there are dual tracks here: one might be able to enjoin the unauthorized act as a whole, in addition to bringing a takings claim.  And even on the takings angle, there's an interesting question of what was taken?  Was it the opportunity to license the song, which probably isn't worth much?  Or, is it a diminution of value claim (by playing my song over some nazi shit, you harmed its marketability in the following amount)?  Frankly, I'd love to see one of these artists take on this fucking administration and get as broad an injunction as they can.

28 USC 1498 purports to govern such claims for patent and copyright infringement and the copyright section purports to include statutory damages (17 USC 504 of up to $150,000 per work infringed).  But from limited observation, 1498 is not completely successful in creating the full scope of statutory remedies for patent and copyright infringement against governments, the sense being that you're going to come up short, relatively speaking, if you have to sue the gubmint. 

One of the more powerful claims that can go along with the copyright is the "false light" claim that can be recognized under the Trademark Act, but I'm not sure those are viable against the government.

Edited by TwiceHorn
Posted
10 hours ago, Willfully Horn said:

“… moral slum of an administration …”

image.png.8d5b06c14bc31d754ad532a81873c2e9.png

Not sure whether I agree with Will on anything anymore, but I'll give him props for that.  He could always turn a phrase.



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