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Apple's TV set top and its iTunes store are targets for artists

Apple may be in trouble with its Apple TV set top player and the iTunes store. Two lawsuits filed this week claim that Apple knowingly infringed on copyrights, one of which belongs to a Louis Psihoyos, an artistic photographer. The second suit is a civil complaint that claims Apple and pop star Avril Lavigne knowingly infringed on a song written in 1979.

One of the Apple TV's well known advertisements uses a visual representation of a "video wall," consisting of many small videos playing at once with an Apple TV box in the middle. According to the lawsuit which was filed in Boulder, Colorado, the similarity between Apple's video wall and Psihoyos’ photo is too close to be merely coincidence. In fact, Apple and Psihoyos had been in negotiations over the use of his photo or concept.

Unfortunately for Psihoyos, Apple never reached an agreement with him. Instead of developing another concept for its advertisements, the complaint noted that Apple went ahead and used Psihoyos' material anyway. Psihoyos' attorney Richard Kaudy wrote in the complaint that Apple knowingly ignored Psihoyos' "rights and feelings" and any profits that Apple generated from Psihoyos' work were kept for itself.

A separate civil complaint charges that Apple's iTunes music store is an acting catalyst for music infringement. According to the suit, Avril Lavigne's hit single "Girlfriend" is based on another song from the 1970's called "I Wanna Be Your Boyfriend" by James Gangwer and Tommy Dunbar. According to plaintiffs Gangwer and Dunbar, any company that sells and publishes Lavigne's song is infringing on their original work.



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By VoodooChicken on 7/5/2007 5:44:22 PM , Rating: 3
Before Britney & JT & Christina, et al, the Mickey Mouse Club started a group called the Party. I never bought any of their music, but I remember they did a concert special, and the channel was endlessly plugging it. One clip had guy #3 of the quintet singing to a girl "Hey hey! You you! I wanna be your boyfriend" in the exact same manner as Avril's new song (girl for boy of course).
So Avril's hook definitely isn't original, but I have no idea about this 1979 song. Maybe the Party remade that song




"When an individual makes a copy of a song for himself, I suppose we can say he stole a song." -- Sony BMG attorney Jennifer Pariser











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