06/17/2011 01:51:03 PM EST
Magistrate: Online Posting Made Song A U.S. Work, Defeats Copyright Claims
MIAMI - Determining that a Norwegian musician's first publication of his song occurred via an online magazine, which "constituted simultaneous publication in the United States" and all other nations with Internet access, a federal magistrate judge in Florida on June 7 ruled that the work's subsequent use in a song by pop singer Nelly Furtado did not qualify as copyright infringement because the original work was never properly registered with the U.S. Copyright Office (Kernel Records Oy v. Timothy Z. Mosley, et al., No. 09-21597, S.D. Fla.; 2011 U.S. Dist. LEXIS 60666).
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