Kip Currier Copyright Blog

ALA Midwinter 2012: Head of RLUK Calls Research Works Act ‘Audacious in the Extreme’; LibraryJournal.com, 1/24/12

2012-01-26T06:44:00.000-08:00

Michael Kelley, LibraryJournal.com; ALA Midwinter 2012: Head of RLUK Calls Research Works Act ‘Audacious in the Extreme’:

"David Prosser, the executive director of Research Libraries UK (RLUK), says the Research Works Act introduced in the U.S. House of Representatives in December is “frankly ridiculous” and an attack on open access.

“It just seems quite bizarre that they should attempt to appropriate the intellectual capital of researchers that has been funded by the taxpayer and then call it a private research work,” Prosser told an audience at the American Library Association Midwinter meeting in Dallas on Saturday. “That strikes me as audacious in the extreme,” he said.

RLUK is a consortium of 32 of the largest research organizations in the UK and Ireland."

Fair-Use Guide Seeks to Solve Librarians’ VHS-Cassette Problem; Chronicle of Higher Education, 1/25/12

2012-01-26T05:55:00.000-08:00

Nick DeSantis, Chronicle of Higher Education; Fair-Use Guide Seeks to Solve Librarians’ VHS-Cassette Problem:

"When the Association of Research Libraries and a team of fair-use advocates surveyed librarians to find out how they navigate copyright issues, many of them described that exact conundrum. But they may soon have a way out. Tomorrow the group will announce a code of best practices designed to outline ways academic librarians can take advantage of their fair-use rights to navigate common copyright issues.

The new code is one of a series published with the help of Patricia Aufderheide and Peter Jaszi, a pair of American University scholars known for pushing back against the restrictions of copyright law. The duo has helped several professional communities develop similar codes. Brandon Butler, director of public-policy initiatives at the Association of Research Libraries, said this guide is different than early fair-use guidelines for libraries, which he described as narrowly crafted “safe harbors” that had the unintended effect of making it more difficult for librarians to do their jobs. Mr. Butler said this version gives librarians a collective voice that they haven’t enjoyed in the past."

The MPAA talks about SOPA/PIPA and responds to the 'campaign of misinformation'; EntertainmentWeekly.com, 1/25/12

2012-01-26T03:54:00.000-08:00

Darren Franich, EntertainmentWeekly.com; The MPAA talks about SOPA/PIPA and responds to the 'campaign of misinformation' :

"The Motion Picture Association of America has been leading the SOPA/PIPA charge, and MPAA chief Chris Dodd was vociferous in his distaste for Congress’ decision to pull the bills. EW spoke to Michael O’Leary, Senior Executive Vice President for Global Policy and External Affairs for the Motion Picture Association of America, about how the MPAA sees the future of anti-piracy legislation, and why Hollywood and the tech community should work together, not against each other."...

[O'Leary] "...The problem we’re talking about today is of a much larger scale.In the hundred years since the example you gave, there’s been an evolution as to the importance of protecting intellectual property, and the need to protect it because it’s central to our economy."

Who Gets to See Published Research?; Chronicle of Higher Education, 1/22/12

2012-01-26T03:10:00.000-08:00

Jennifer Howard, Chronicle of Higher Education; Who Gets to See Published Research? :

"The battle over public access to federally financed research is heating up again. The basic question is this: When taxpayers help pay for scholarly research, should those taxpayers get to see the results in the form of free access to the resulting journal articles?...

In Congress, meanwhile, U.S. Reps. Darrell E. Issa, a Republican of California, and Carolyn B. Maloney, a Democrat of New York, introduced the Research Works Act (HR 3699) last month. The bill would forbid federal agencies to do anything that would result in the sharing of privately published research—even if that research is done with the help of taxpayer dollars—unless the publisher of the work agrees first. That would spell the end of policies such as the National Institutes of Health's public-access mandate, which requires that the results of federally supported research be made publicly available via its PubMed Central database within 12 months of publication."

Obama Announces New Trade Enforcement Unit With IP Focus; Intellectual Property Watch, 1/25/12

2012-01-25T04:40:00.000-08:00

Intellectual Property Watch; Obama Announces New Trade Enforcement Unit With IP Focus:

"In the annual State of Union address last night, US President Obama announced a new Trade Enforcement Unit that includes anti-piracy and anti-counterfeiting.

Obama said the nation is on track to double exports since he took office three years ago, in part due to his administration’s aggressive work on trade agreements. But he said trading partners – naming China – will not be allowed to circumvent trade rules any longer."

Kim Dotcom: Police Cut Way Into Mansion To Arrest Megaupload Founder; Reuters via HuffingtonPost.com, 1/21/12

2012-01-22T05:51:00.000-08:00

Mantik Kusjanto, Reuters via HuffingtonPost.com; Kim Dotcom: Police Cut Way Into Mansion To Arrest Megaupload Founder:

"New Zealand police on Saturday revealed bizarre details of the arrest of the suspected kingpin of an Internet copyright theft case against the James Bond-like backdrop of a country mansion hideaway with electronic locks, a safe room and a pink Cadillac.

German national Kim Dotcom, also known as Kim Schmitz, was one of four men arrested on Friday, a day before his 38th birthday, in an investigation of the Megaupload.com website led by the U.S. Federal Bureau of Investigation.

The group was accused of engaging in a scheme that took more than $500 million away from copyright holders and generated over $175 million in proceeds from subscriptions and advertising."

Potential SOPA/PIPA Revisions; New York Times, 1/22/12

2012-01-22T05:44:00.000-08:00

Brian McFadden, The Strip, New York Times; Potential SOPA/PIPA Revisions

Supreme Court Upholds Law That Pulled Foreign Works Back Under Copyright; Chronicle of Higher Education, 1/18/12

2012-01-20T10:08:00.000-08:00

Jeffrey R. Young, Chronicle of Higher Education; Supreme Court Upholds Law That Pulled Foreign Works Back Under Copyright:

"A professor lost his long legal fight to keep thousands of foreign musical scores, books, and other copyrighted works in the public domain when the U.S. Supreme Court ruled against him on Wednesday in a case that will affect scholars and artists around the country.

The scholar is Lawrence Golan, a music professor and conductor at the University of Denver. He argued that the U.S. Congress did not have the legal authority to remove works from the public domain. It did so in 1994, when the Congress changed U.S. copyright law to conform with an international copyright agreement. The new law reapplied copyright to millions of works that had long been free for anyone to use without permission.

The Supreme Court heard the case, Golan v. Holder, No. 10-545, last October, and in a 6-to-2 ruling on Wednesday, the justices upheld the changes in U.S. copyright law."

What’s the Best Way to Protect Against Online Piracy?; New York Times, 1/20/12

2012-01-20T10:02:00.000-08:00

New York Times; What’s the Best Way to Protect Against Online Piracy? :
"In response to online protests on Wednesday, several key Congressional lawmakers withdrew support for two anti-Web piracy measures — the Stop Online Piracy Act and the Protect Intellectual Property Act — both of which have the backing of powerful commercial lobbies. Although the reaction was a victory for new media, online intellectual piracy remains a serious issue.

What’s the best way to protect against online piracy? Is there a better alternative to these two bills?"

Senate Postpones Vote on Internet Anti-Piracy Bill; New York Times, 1/20/12

2012-01-20T09:42:00.000-08:00

Jonathan Weisman, New York Times; Senate Postpones Vote on Internet Anti-Piracy Bill:

"Taking to the medium that helped organize extensive protests against the legislation, Mr. Reid, Democrat of Nevada, announced a delay in the vote via the social media Web site Twitter. But he indicated the issue, which had been scheduled for a vote Tuesday, had not died...

In the House, Representative Lamar Smith, the Texas Republican who is chairman of the Judiciary Committee, called off plans to formally draft his version of the anti-piracy bill next month."

FBI shuts down Megaupload file-sharing site; ComicBookResources.com, 1/20/12

2012-01-20T09:34:00.000-08:00

J.K. Parkin, ComicBookResources.com; FBI shuts down Megaupload file-sharing site:

"The U.S. Justice Department and the FBI on Thursday shut down the popular file-sharing site Megaupload, seized $50 million in assets and charged its founder and six others with running an international enterprise based on Internet piracy that’s cost copyright holders at least $500 million in lost revenue...

News of the shutdown was met with retaliation by the hacker collective Anonymous, which attacked the websites of the Justice Department and the Motion Picture Association of America."

In Fight Over Piracy Bills, New Economy Rises Against Old; New York Times, 1/18/12

2012-01-18T19:37:00.000-08:00

Jonathan Weisman, New York Times; In Fight Over Piracy Bills, New Economy Rises Against Old:

"As a result, the legislative battle over two once-obscure bills to combat the piracy of American movies, music, books and writing on the World Wide Web may prove to be a turning point for the way business is done in Washington. It represented a moment when the new economy rose up against the old...

It appeared by Wednesday evening that Congress would follow Bank of America, Netflix and Verizon as the latest institution to change course in the face of a netizen revolt."

US Supreme Court Rules On Golan v. Holder, Key Public Domain Case; Intellectual Property Watch, 1/18/12

2012-01-18T19:25:00.000-08:00

William New, Intellectual Property Watch; US Supreme Court Rules On Golan v. Holder, Key Public Domain Case:

"The United States Supreme Court today ruled on one of the top intellectual property legal cases expected this year. The case questioned whether the US Congress acted constitutionally when it restored copyright to millions of foreign works that had been in the public domain in the US. And it affirmed Congress’ actions, allowing the US to avoid questions of compliance with its international obligations.
The 18 January decision is here [pdf]. The justices ruled 6 to 2 in favour."

Web Protests Piracy Bills, and 2 Senators Change Course; New York Times, 1/18/12

2012-01-18T10:02:00.000-08:00

Jonathan Weisman, New York Times; Web Protests Piracy Bills, and 2 Senators Change Course:

"Freshman Senator Marco Rubio of Florida, a rising Republican star, was first out of the starting gate Wednesday morning with his announcement that he would no longer back anti-Internet piracy legislation he had co-sponsored. Senator John Cornyn, the Texas Republican who heads the campaign operation for his party, quickly followed suit and urged Congress take more time to study the measure that had been set for a test vote next week."

SOPA, Internet Piracy And Power; NPR's On Point, 1/18/12

2012-01-18T07:20:00.000-08:00

NPR's On Point; SOPA, Internet Piracy And Power:

"Go to Wikipedia today and you’re going to get a dark screen. Same at Reddit and BoingBoing. Even giant Google has blacked out its famous logo – though its searches go on. The target of all the Internet protest is legislation on Capitol Hill aimed at stopping Internet pirates – pirates stealing movies and music and more.

Critics of the legislation say it takes a full cannonade to a narrow piracy problem. That it threatens to sink Internet freedom and innovation under censorship and firewalls. It’s a battle royal."

Wikipedia goes dark for 24 hours to protest web piracy bills; Foxnews.com, 1/18/12

2012-01-18T06:20:00.000-08:00

Foxnews.com; Wikipedia goes dark for 24 hours to protest web piracy bills:

"Can the world live without Wikipedia for a day?

The online encyclopedia is one of the Internet's most visited sites, and at midnight Eastern Standard Time it began a 24-hour "blackout" in protest against proposed anti-piracy legislation that many leading websites -- including Reddit, Google, Facebook, Amazon and others -- contend will make it challenging if not impossible for them to operate."

Protest on Web Uses Shutdown to Take On Two Piracy Bills; New York Times, 1/17/12

2012-01-18T06:10:00.000-08:00

Jenna Wortham, New York Times; Protest on Web Uses Shutdown to Take On Two Piracy Bills:

"“This is the first real test of the political strength of the Web, and regardless of how things go, they are no longer a pushover,” said Professor Wu, who is the author of “The Master Switch: The Rise and Fall of Information Empires.” He added, “The Web taking a stand against one of the most powerful lobbyers and seeming to get somewhere is definitely a first.”

Under the proposed legislation, if a copyright holder like Warner Brothers discovers that a foreign site is focused on offering illegal copies of songs or movies, it could seek a court order that would require search engines like Google to remove links to the site and require advertising companies to cut off payments to it."

New 'Firewall' song protests SOPA copyright bill (Q&A); CNet, 12/20/11

2012-01-18T06:05:00.000-08:00

Declan McCullagh, CNet; New 'Firewall' song protests SOPA copyright bill (Q&A) :

"The songwriter behind the 2007 Internet hit "I Got a Crush on Obama" is now taking aim at the Stop Online Piracy Act.

Leah Kauffman, a Philadelphia-based singer and songwriter, has released "Firewall" to protest the Hollywood-backed copyright bill, which a House of Representatives committee had been scheduled to debate tomorrow. Earlier today, the committee debate was postponed until 2012.

In addition, Dan Bull, a U.K. singer, has released "SOPA Cabana," a none-too-flattering rap taking aim against SOPA. (SOPA can "ban" you--get it?)

Opposition from the two musicians is notable because the Recording Industry Association of America has been one of the leading supporters of SOPA and a Senate version called Protect IP."

All Eyes On US Stop Online Piracy Act (SOPA): Fate Of Bill Now Unclear; Intellectual Property Watch, 1/17/12

2012-01-18T06:00:00.000-08:00

Liza Porteus Viana, Intellectual Property Watch; All Eyes On US Stop Online Piracy Act (SOPA): Fate Of Bill Now Unclear:

"Meanwhile, tomorrow (18 January), thousands of websites such as Reddit, BoingBoing, Free Press, Wikipedia, and others plan to “go dark” (#SOPAblackout on Twitter) in protest of the bill. Some critics are also organising a flood of censored posts on Facebook to coincide with the blackout. People are also taking to Twitter to ask for simple blackout codes so their sites can participate in the day of protest.

“The uncertainty and the compliance burden … would just make it unprofitable to run Reddit and we would shut down,” Erik Martin, general manager of Reddit, told reporters on a conference call Tuesday. “As far as what the internet would look like … they’re [venture capitalists] just not going to be funding companies in this area. …It has a chilling effect.”

But not all technology companies are on board with the blackout. Twitter, for one won’t join, and Facebook is not encouraging the move."

Rupert Murdoch Attacks Google, Obama In Pro-SOPA Twitter Rant; HuffingtonPost.com, 1/15/12

2012-01-15T19:10:00.000-08:00

Alana Horowitz, HuffingtonPost.com; Rupert Murdoch Attacks Google, Obama In Pro-SOPA Twitter Rant:

"Rupert Murdoch sounded off on Saturday about the White House's rejection of SOPA and PIPA, the controversial anti-piracy bills currently being debated in Congress.

"So Obama has thrown in his lot withSilicon Valley paymasters who threaten all software creators with piracy, plain thievery," he wrote on Twitter. "Piracy leader is Google who streams movies free, sells advts around them. No wonder pouring millions into lobbying.""

White House Will Not Support SOPA, PIPA; HuffingtonPost.com, 1/14/12

2012-01-15T19:03:00.000-08:00

Catharine Smith, HuffingtonPost.com; White House Will Not Support SOPA, PIPA:

"This is not the end of the debate, the White House statement emphasized. "Moving forward, we will continue to work with Congress on a bipartisan basis on legislation that provides new tools needed in the global fight against piracy and counterfeiting, while vigorously defending an open Internet based on the values of free expression, privacy, security and innovation," the letter also read."

White House Says It Opposes Parts of Two Antipiracy Bills; New York Times, 1/14/12

2012-01-15T18:36:00.000-08:00

Edward Wyatt, New York Times; White House Says It Opposes Parts of Two Antipiracy Bills:

"The Obama administration said Saturday that it strongly opposed central elements of two Congressional efforts to enforce copyrights on the Internet, all but killing the current versions of legislation that has divided both political parties and pitted Hollywood against Silicon Valley."

Fighting Antipiracy Measure, Activist Group Posts Personal Information of Media Executives; New York Times, 1/13/12

2012-01-15T18:22:00.000-08:00

Amy Chozick, New York Times; Fighting Antipiracy Measure, Activist Group Posts Personal Information of Media Executives:

"In protest of antipiracy legislation currently being considered by Congress, the group has posted online documents that reveal personal information about Jeffrey L. Bewkes, chairman and chief executive of Time Warner, and Sumner M. Redstone, who controls Viacom and the CBS Corporation. Those companies, like almost every major company in the media and entertainment industry, have championed the Stop Online Piracy Act, the House of Representatives bill, known as SOPA, and its related Senate bill, called Protect I.P."

The Songs Remain the Same, but Broadway Heirs Call the Shots; New York Times, 1/9/12

2012-01-10T04:29:00.000-08:00

Patrick Healy, New York Times; The Songs Remain the Same, but Broadway Heirs Call the Shots:

"On Thursday, after years of fits and starts, “The Gershwins’ Porgy and Bess” will open on Broadway, updated and streamlined, part of a spate of unusually aggressive undertakings by musical-theater estates...

The newly adapted book for the Broadway version of “Porgy and Bess” — but not the songs — will likely gain a new copyright that could be licensed. The estates’ trustees say the moneymaking potential of the new copyright depends on the Broadway musical becoming a hit that producers will want to license in the future.

Since “Nice Work” is a new show, the Gershwin estates will have a long new copyright to enjoy, whereas the rights for the original 1926 show, “Oh, Kay!” expire at the end of 2021. (The Gershwin estates now earn a few million dollars a year, according to the trustees.)"

EMI Label Sues ReDigi, the Used Digital Music Store; New York Times, 1/6/12

2012-01-07T05:36:00.000-08:00

Ben Sisario, New York Times; EMI Label Sues ReDigi, the Used Digital Music Store:

"Earlier this week, the music-publishing division of EMI filed suit against Grooveshark, a popular online music service, for breach of contract. On Friday, one of the labels in EMI’s recorded-music arm, Capitol, sued another online music company, ReDigi, for copyright infringement.

ReDigi opened last year with a novel, if controversial, business concept: let consumers resell their old digital music files. Relying on the “first sale doctrine”..."

US pressured Spain to implement online piracy law, leaked files shows; Guardian, 1/5/12

2012-01-06T09:30:00.000-08:00

Dominic Rushne, Guardian; US pressured Spain to implement online piracy law, leaked files shows:

"The US ambassador in Madrid threatened Spain with "retaliation actions" if the country did not pass tough new internet piracy laws, according to leaked documents.

The latest revelation comes amid a fierce debate over America's own plans to pass online piracy legislation that critics claim will damage the infrastructure of the internet and restrict free speech."

New Lawsuit Means All Major Labels Are Suing Grooveshark; New York Times, 1/5/12

2012-01-06T08:49:00.000-08:00

Ben Sisario, New York Times; New Lawsuit Means All Major Labels Are Suing Grooveshark:

"Grooveshark, a popular digital music service that is being sued for copyright infringement by three of the four major record companies, now has problems with the one big label that it has a licensing deal with.

On Wednesday, EMI Music Publishing filed suit against Grooveshark’s parent company, the Escape Media Group, for breach of contract, saying that since striking the deal in 2009, Escape has “made not a single royalty payment to EMI, nor provided a single accounting statement.”"

[Podcast] Copyright Law in the Digital Age; Diane Rehm Show, 1/5/12

2012-01-06T08:29:00.000-08:00

[Podcast] Diane Rehm Show; Copyright Law in the Digital Age:

"Copyright laws emerged with the arrival of the printing press in 15th-century England. The printing patent served as a way to protect guild members from those who would copy their work. Today, we live in a world of digital abundance, where everyone is both a creator and a user. As more and more information is produced and shared online -- literary, dramatic, musical, and artistic works -- some believe we need more ways to protect it without discouraging creativity. Diane and her guests discuss the role of copyright law in the digital age.

Guests
William Patry Senior copyright counsel at Google and author of "How to Fix Copyright"

Michael Carroll Director of the Program on Information Justice and Intellectual Property at Washington College of Law at American University and founding board member of Creative Commons, Inc.

Sandra Aistars Executive Director of Copyright Alliance"

Google Files Motion to Dismiss in Google Books Case; Digital Shift, 12/23/11

2012-01-06T07:10:00.000-08:00

David Rapp, Digital Shift; Google Files Motion to Dismiss in Google Books Case:

"Google yesterday filed a motion to dismiss the Authors Guild as a plaintiff in the long-running Google Books lawsuit, arguing that the organization lacks “associational standing” to sue on behalf of individual copyright holders."

The Danger of an Attack on Piracy Online; New York Times, 1/1/12

2012-01-02T08:43:00.000-08:00

David Carr, New York Times; The Danger of an Attack on Piracy Online:

"Given both Congress’s and the entertainment industry’s historically wobbly grasp of technology, I don’t think they should be the ones re-engineering the Internet. The rest of us might have to just hold our noses and learn enough about SOPA to school them in why it’s a bad idea."

Apropos Appropriation; New York Times, 1/1/12

2012-01-01T13:04:00.000-08:00

Randy Kennedy, New York Times; Apropos Appropriation:

"In March a federal district court judge in Manhattan ruled that Mr. Prince — whose career was built on appropriating imagery created by others — broke the law by taking photographs from a book about Rastafarians and using them without permission to create the collages and a series of paintings based on them, which quickly sold for serious money even by today’s gilded art-world standards: almost $2.5 million for one of the works...

The decision, by Judge Deborah A. Batts, set off alarm bells throughout Chelsea and in museums across America that show contemporary art. At the heart of the case, which Mr. Prince is now appealing, is the principle called fair use, a kind of door in the bulwark of copyright protections. It gives artists (or anyone for that matter) the ability to use someone else’s material for certain purposes, especially if the result transforms the thing used — or as Judge Pierre N. Leval described it in an influential 1990 law review article, if the new thing “adds value to the original” so that society as a whole is culturally enriched by it."

Copyright Office Supports Federalization of Pre-1972 Sound Recordings; LibraryJournal.com, 12/29/11

2011-12-31T18:43:00.000-08:00

Michael Kelley, LibraryJournal.com; Copyright Office Supports Federalization of Pre-1972 Sound Recordings:

"In a report issued Wednesday, the U.S. Copyright Office recommended that sound recordings made before February 15, 1972 be brought under federal jurisdiction.

"We believe that bringing pre-1972 sound recordings into the federal copyright system serves the interests of consistency and certainty, and will assist libraries and archives in carrying out their missions while also offering additional rights and protection for sound recording right holders," Register of Copyrights Maria A. Pallante said in a statement.

Until now, a hodgepodge of state common-law regimes has governed the protection of these works. The result has often been a legal fog that has confused and chilled efforts to preserve historical sound recordings and make them accessible."

Songwriters Group Backs Village People Singer in Rights Case; New York Times, 12/20/11

2011-12-31T18:39:00.000-08:00

James C. McKinley, Jr., New York Times; Songwriters Group Backs Village People Singer in Rights Case:

"The Songwriters Guild of America has entered a legal battle between Victor Willis, the lead singer of the Village People, and the publishing company that owns the copyrights to the group’s songs, saying the case is an important test of a songwriters’ right to regain control of his or her work after 35 years."

A Comic Distributes Himself; New York Times, 12/18/11

2011-12-31T16:19:00.000-08:00

David Carr, New York Times; A Comic Distributes Himself:

"Louis C. K. is something of a pirate in the entertainment world, a man who has ignored propriety on his way to building a huge comic franchise. So it’s odd to see him put one of his shows for sale on the Web and politely ask fans not to rip him off.

The weirder thing? It seems to be working."

Marvel in Support of SOPA; ComicBookResources.com, 12/29/11

2011-12-31T16:08:00.000-08:00

Steve Sunu, ComicBookResources.com; Marvel in Support of SOPA:

"Today, Marvel Comics came under fire by fans when the publisher's support of the Stop Online Piracy Act (or SOPA) came to light. While the list of companies that support SOPA has been publicly available since December 22, Marvel's support of the bill was noticed only recently and the fan reaction was less than positive."

Marvel Wins Court Battle Over Rights to Ghost Rider; New York Times, 12/29/11

2011-12-31T16:02:00.000-08:00

George Gene Gustines, New York Times; Marvel Wins Court Battle Over Rights to Ghost Rider:

"A federal judge in New York has ruled that Marvel Entertainment owns the rights to Ghost Rider, a supernatural character possessed by a spirit of vengeance who first appeared in 1972. The character was the subject of a lawsuit by a writer seeking to cash in on lucrative movie rights, according to a report by The Associated Press."

Publishers vs. Libraries: An E-Book Tug of War; New York Times, 12/24/11

2011-12-25T07:04:00.000-08:00

Randall Stross, New York Times; Publishers vs. Libraries: An E-Book Tug of War:

"Worried that people will click to borrow an e-book from a library rather than click to buy it, almost all major publishers in the United States now block libraries’ access to the e-book form of either all of their titles or their most recently published ones."

"X-Men Origins: Wolverine" Uploader Sentenced to One Year in Prison; ComicBookResources.com, 12/19/11

2011-12-20T08:04:00.000-08:00

ComicBookResources.com; "X-Men Origins: Wolverine" Uploader Sentenced to One Year in Prison:

"A New York City man who admitted to illegally uploading an unfinished copy of "X-Men Origins: Wolverine" a month before the movie's release was sentenced Monday to one year in federal prison."

M.I.T. Expands Its Free Online Courses; New York Times, 12/19/11

2011-12-20T07:49:00.000-08:00

Tamar Lewin, New York Times; M.I.T. Expands Its Free Online Courses:

"While students at the Massachusetts Institute of Technology pay thousands of dollars for courses, the university will announce a new program on Monday allowing anyone anywhere to take M.I.T. courses online free of charge — and for the first time earn official certificates for demonstrating mastery of the subjects taught...

M.I.T. led the way to an era of online learning 10 years ago by posting course materials from almost all its classes. Its free OpenCourseWare now includes nearly 2,100 courses and has been used by more than 100 million people.

But the new “M.I.T.x” interactive online learning platform will go further, giving students access to online laboratories, self-assessments and student-to-student discussions."

Angelina Jolie dismisses lawsuit against In the Land of Blood and Honey; Guardian, 12/7/11

2011-12-18T08:23:00.000-08:00

Ben Child, Guardian; Angelina Jolie dismisses lawsuit against In the Land of Blood and Honey:

"In an interview with the LA Times published yesterday, Jolie denied ever having read Braddock's book. "It's par for the course. It happens on almost every film," she said during an interview about her new film at a New York hotel. "There are many books and documentaries that I did pull from," added the Oscar-winning actor, citing work by journalists Peter Maas and Tom Gielten. "It's a combination of many people's stories. But that particular book I've never seen.""

In the Bronx, a Collision of Cars, Celebrity and Copyright; New York Times, 11/28/11

2011-12-18T06:48:00.000-08:00

David Gonzalez, New York Times; In the Bronx, a Collision of Cars, Celebrity and Copyright:

"To get that Bronx flavor that so inspired Ms. Lopez “to be tougher…to stay sharper…to think faster,” the spot’s producer stitched in a series of details intended to evoke the South Bronx — a break dancer, a guy drumming on a pail and a stunningly colored graffiti mural, the words “I ❤ the Bronx” clearly visible as the camera pans past the wall. But Fiat and its ad agency, Doner, may have missed one neighborhood detail that could lead to legal action: the copyright symbol on the lower right corner of the mural."

Revealing the Habits of Copyright Advocates; New York Times, 12/16/11

2011-12-17T06:10:00.000-08:00

J. David Goodman, New York Times; Revealing the Habits of Copyright Advocates:

"As Congress moves forward on two bills aimed at curbing online piracy, a Web site has given opponents a way to attack those lobbying for the measures by exposing their illegal downloads.

The site, youhavedownloaded.com, allows users to search through publicly available data that links roughly 50 million file-sharing users to specific content downloaded on torrent sites, which allow movies, television shows and other large files to be rapidly shared."

Library Copyright Alliance Releases Letter Welcoming OPEN Act; Digital Shift, 12/16/11

2011-12-17T05:56:00.000-08:00

David Rapp, Digital Shift; Library Copyright Alliance Releases Letter Welcoming OPEN Act:

"Earlier this week, the Library Copyright Alliance (LCA)—made up of the American Library Association, the Association of Research Libraries (ARL), and the Association of College & Research Libraries—released an open letter [PDF] to Sen. Ron Wyden (D-OR), Rep. Darrell Issa (R-CA), and Rep. Jason Chaffetz (R-UT), “welcoming [the] release” of a discussion draft bill the legislators have sponsored. Called the Online Protection and Enforcement of Digital Trade (OPEN) Act, the bill has been touted as a potential alternative to SOPA."

Stop Online Piracy Act Vote Delayed; Wired.com, 12/16/11

2011-12-16T11:55:00.000-08:00

David Kravets, Wired.com; Stop Online Piracy Act Vote Delayed:

"The House Judiciary Committee considering whether to send the Stop Online Piracy Act to the House floor abruptly adjourned Friday with no new vote date set —a surprise given that the bill looked certain to pass out of committee today.

The committee’s chairman and chief sponsor of the legislation, Rep. Lamar Smith (R-Texas), agreed to further explore a controversial provision that lets the Attorney General order changes to core internet infrastructure in order to stop copyright infringement.

Smith said the hearing would resume at the “earliest practical day that Congress is in session.” That could be weeks."

Lines Drawn on Antipiracy Bills; New York Times, 12/14/11

2011-12-15T18:24:00.000-08:00

Edward Wyatt, New York Times; Lines Drawn on Antipiracy Bills:

"A House committee plans to take up one of the bills, the Stop Online Piracy Act, on Thursday...

“Our mistake was allowing this romantic word — piracy — to take hold,” Tom Rothman, the co-chief executive of Fox Filmed Entertainment, said in an interview last week in Washington.

“It’s really robbery — it’s theft — and that theft is being combined with consumer fraud,” he said."

E-Books, Shmee-Books: Readers Return to the Stores; New York Times, 12/12/11

2011-12-13T15:57:00.000-08:00

Julie Bosman, New York Times; E-Books, Shmee-Books: Readers Return to the Stores:

"Facing economic gloom and competition from cheap e-readers, brick-and-mortar booksellers entered this holiday season with the humblest of expectations.

But the initial weeks of Christmas shopping, a boom time for the book business, have yielded surprisingly strong sales for many bookstores, which report that they have been lifted by an unusually vibrant selection; customers who seem undeterred by pricier titles; and new business from people who used to shop at Borders, the chain that went out of business this year."

Yoga Pose Copyright Bid Too Big of a Stretch, Regulator Says; BusinessWeek, 12/12/11

2011-12-12T08:34:00.000-08:00

Ellen Rosen, BusinessWeek; Yoga Pose Copyright Bid Too Big of a Stretch, Regulator Says:

"Yoga poses such as head-to-knee stretches and the sequences of the moves are “exercises” rather than “choreography” and can’t be copyrighted in the U.S., regulators said.

The U.S. Copyright Office previously permitted yoga poses and their sequences to be registered, even if those exercises were in the public domain, Laura Lee Fischer, acting chief of the office’s Performing Arts Division, said in response to an inquiry by an attorney involved in lawsuits the founder of Bikram Yoga filed against three yoga studios.

The office reviewed the legislative history of the copyright law and decided that exercises, including yoga, “do not constitute the subject matter that Congress intended to protect as choreography,” Fischer said in an e-mail."

Exploring open access in higher education: live chat best bits; Guardian, 12/7/11

2011-12-08T10:20:00.000-08:00

Eliza Anyangwe, Guardian; Exploring open access in higher education: live chat best bits:

"What is the benefit of open access to academia? Who will pay for open education resources? These questions and many more are answered by our live chat panel"

HathiTrust Defendants Respond to Authors Guild Lawsuit; Chronicle of Higher Education, 12/5/11

2011-12-05T19:22:00.000-08:00

Chronicle of Higher Education; HathiTrust Defendants Respond to Authors Guild Lawsuit:

"The HathiTrust digital repository and the five universities sued by the Authors Guild and others over mass book digitization and alleged copyright infringement have filed a response to the lawsuit."

Dyson seeks to block copycat manufacturers in China; Guardian, 12/4/11

2011-12-05T19:10:00.000-08:00

Dan Milmo, Guardian; Dyson seeks to block copycat manufacturers in China:

"The billionaire inventor Sir James Dyson has warned China that it risks being expelled from the World Trade Organisation (WTO) over copyright breaches including rip-offs of his famed inventions."

SOPA on the ropes? Bipartisan alternative to 'Net censorship emerges; ArsTechnica.com, 12/2/11

2011-12-05T08:44:00.000-08:00

Nate Anderson, ArsTechnica.com; SOPA on the ropes? Bipartisan alternative to 'Net censorship emerges:

"But rightsholders do need some means of enforcing copyrights and trademarks, something tough to do when a site sets up overseas and willfully targets American consumers with fake goods and unauthorized content...

Fortunately, plenty can be done, and it can be done in a way that doesn't raise the same immediate concerns about due process and censorship. One promising alternative was unveiled today by a bipartisan group of 10 senators and representatives. It ditches the “law and order” approach to piracy and replaces it with a more limited, trade-based system.

And the legislators behind it have put out a draft of the idea for public comment before they even begin drawing up actual legislation."

Colbert Takes On SOPA; TechDirt.com, 12/2/11

2011-12-05T08:35:00.000-08:00

Mike Masnick, TechDirt.com; Colbert Takes On SOPA:

"Want to see just how mainstream the issues of SOPA and PROTECT IP are becoming? Last night they made it on to The Colbert Report, where he had a bit of a debate about SOPA, between record label owner Danny Goldberg and Harvard professor Jonathan Zittrain. It kicked off with a short segment, where Colbert explained the issue."

Cambridge U. Press Would Like to Rent You an Article; Chronicle of Higher Education, 11/30/11

2011-12-04T08:08:00.000-08:00

Jennifer Howard, Chronicle of Higher Education; Cambridge U. Press Would Like to Rent You an Article:

"A highly informal poll on Twitter produced more initial skepticism than enthusiasm about the Cambridge article-rental plan. ”24 hours access, w/o ability to markup or download, or view again? Nope. No researcher I know would get much use from a 24-hour evaporative e-article,” one librarian responded. Another said, “Do they use the flashing device from ‘Men in Black’ to wipe any memory of the article after 24 hours as well?” One researcher said it seemed most likely to appeal to researchers without institutional affiliations."

[Book Review of Robert Levine's "Free Ride"] Inconspicuous Consumption; New York Times, 11/25/11

2011-11-28T10:30:00.000-08:00

[Book Review of Robert Levine's "Free Ride"] New York Times; Inconspicuous Consumption:

"In “Free Ride,” a book that should change the debate about the future of culture, Robert Levine argues, in effect, that Samuel Johnson was right, and that it’s the self-interested Silicon Valley technology companies and their well-financed advocates who are wrong. “The real conflict online,” Levine writes, “is between the media companies that fund much of the entertainment we read, see and hear and the technology firms that want to distribute their content — legally or otherwise.” By delivering content they don’t pay for, or selling content far below the price it cost to create, Levine says, information and entertainment distributors like YouTube and The Huffington Post become “parasites” on the media companies that invest substantially in journalists, musicians and actors; the distributors drive down prices in a way that sucks the economic lifeblood out of those who create and finance the best achievements of our culture. The result is a “digital version of Wal-Mart capitalism,” in which free-riding distributors reap all the economic benefits of the Internet by cutting prices, and culture suppliers are forced to cut costs in response. This dynamic, Levine argues, destroys the economic incentive to create the kinds of movies, television, music and journalism consumers demand, and for which they are, in fact, quite willing to pay."

SOPA Opponents' Bogus Net Neutrality Comparisons; Forbes, 11/28/11

2011-11-28T10:27:00.000-08:00

Scott Cleland, Forbes; SOPA Opponents' Bogus Net Neutrality Comparisons:

"In sum, net neutrality and stopping online piracy are very different issues...

With fixes to ensure the legislation only targets rogue websites and does not create unintended problems by requiring actual website blocking or traffic filtering, support for online anti-piracy legislation is likely to strongly consolidate as the bills progress, enabling it to become law in this Congressional session. To paraphrase Mark Twain: Internet reports of SOPA’s death are greatly exaggerated."

[Editorial] Piracy vs. an open Internet; Los Angeles Times, 11/25/11

2011-11-28T10:21:00.000-08:00

[Editorial] Los Angeles Times; Piracy vs. an open Internet:

"Although much of Silicon Valley is up in arms about the House bill, there is a clear path to consensus. Lawmakers should craft a bill focused on cutting off funding for foreign sites that really are dedicated to infringement. If they have any doubt that such an approach can be effective, they should consider WikiLeaks. Efforts to block access to the site were an abject failure. Cutting off the company's ability to collect funds from its supporters, however, has pushed it to the brink of bankruptcy."

[Editorial ] Going After the Pirates; New York Times, 11/26/11

2011-11-27T17:50:00.000-08:00

[Editorial] New York Times; Going After the Pirates:

"The bill should be made to stipulate clearly that all of its provisions are aimed only at rogue Web sites overseas. Foreign sites must be granted the same safe harbor immunity — and the bill must not open the door to punishments for domestic sites that abide by the 1998 digital copyright law. And rather than encouraging credit card companies and advertising networks to pre-emptively cut off business to Web sites accused of wrongdoing, a court order should be required before they take action."

Penguin Restores Kindle Lending, but Still Not Providing Digital Editions of New Titles; The Digital Shift, 11/23/11

2011-11-24T16:09:00.000-08:00

Michael Kelley, The Digital Shift; Penguin Restores Kindle Lending, but Still Not Providing Digital Editions of New Titles:

"Penguin Group (USA) has backtracked from at least part of its recent decision to limit library lending."

Librarians Face Patrons Unhappy With Penguin Policy Change; ALA Condemns Ebook Decision; The Digital Shift, 11/22/11

2011-11-24T15:48:00.000-08:00

Michael Kelley, The Digital Shift; Librarians Face Patrons Unhappy With Penguin Policy Change; ALA Condemns Ebook Decision:

"Todd Feinman, the chairman of the Oregon Digital Library Consortium (ODLC) , which has 22 library systems in its network (over 100 locations), said more complaints were likely forthcoming.

“I think that the whole paradigm is shifting and I imagine that there will be more of this over time,” he said. “I don’t know where this is going. These things are usually a surprise to us. It’s just hard to say what a publisher is going to do next,” he said.

Feinman said libraries could always boycott if necessary. ODLC has refused to license any ebooks from HarperCollins to protest that publisher’s February decision to limit library loans to 26 circulations."

European Court Rejects Call for I.S.P.’s to Curb Illegal File Sharing; New York Times, 11/24/11

2011-11-24T15:39:00.000-08:00

Eric Pfanner, New York Times; European Court Rejects Call for I.S.P.’s to Curb Illegal File Sharing:

"The highest court in the European Union said on Thursday that Internet service providers could not be required to monitor their customers’ online activity to filter out the illegal sharing of music and other copyrighted material.

The ruling, by the European Court of Justice in Luxembourg, is a setback for a Belgian group representing music copyright owners, which had sought tougher measures to crack down on online file sharing."

Movie fans turn to piracy when the online cupboard is bare; Guardian, 11/22/11

2011-11-23T18:41:00.000-08:00

Cory Doctorow, Guardian; Movie fans turn to piracy when the online cupboard is bare:

"Ask anyone who's studied copyright policy – scholars of music and literature, economists, sociologists, law professors – and they'll tell you that the No 1 problem with copyright is that it is enacted without recourse to evidence...

Writing in the Guardian, Ben Goldacre has examined the most-cited statistics about piracy, job creation and GDP contributions in the so-called creative industries and found them so singularly lacking that he declared: "As far as I'm concerned, everything from this industry is false, until proven otherwise.""

Music label sues over Seth Rogen's 50/50; Guardian, 11/21/11

2011-11-23T18:22:00.000-08:00

Ben Child, Guardian; Music label sues over Seth Rogen's 50/50:

"A Florida-based music and fashion label is suing the makers of the Seth Rogen/Joseph Gordon-Levitt cancer comedy 50/50, claiming it owns the copyright to the title.

Eastland Music Group (EMG) says it has been using the names 50/50 and Phifty-50 records to sell music by a hip-hop duo of the same name since 2000. They allege the film's release in US cinemas has already confused consumers."

WIPO SCCR Constructs Library Exceptions Topics For Discussion; Intellectual Property Watch, 11/23/11

2011-11-23T17:50:00.000-08:00

William New, Intellectual Property Watch; WIPO SCCR Constructs Library Exceptions Topics For Discussion:

"The World Intellectual Property Organization copyright committee today agreed on “clusters” of topics under which they will discuss topics related to limitations and exceptions to copyright for libraries and archives, with an eye toward a possible instrument in the future."

“Marathon” WIPO Copyright Session Opens With Hopes, Treaty Prospects; Intellectual Property Watch, 11/22/11

2011-11-23T17:44:00.000-08:00

William New, Intellectual Property Watch; “Marathon” WIPO Copyright Session Opens With Hopes, Treaty Prospects:

"Officials from around the world have gathered for the next two weeks at the World Intellectual Property Organization in hopes of resolving the fate of several longstanding copyright policies under debate."

Penguin Suspends E-Book Availability to Libraries; New York Times, 11/22/11

2011-11-23T17:16:00.000-08:00

Julie Bosman, New York Times; Penguin Suspends E-Book Availability to Libraries:

"Another major publisher has pushed back against making its e-books available to library users. Penguin Book Group said it would “delay the availability” of new e-books to libraries because of security concerns."

Anti-piracy bill meets Web-freedom backlash; CNN.com, 11/18/11

2011-11-21T08:32:00.000-08:00

Doug Gross, CNN.com; Anti-piracy bill meets Web-freedom backlash:

"A bill moving through Congress is intended, on its surface at least, to do something relatively simple: Crack down on the illegal pirating of movies, music and other copyrighted material.

But a major online backlash has evolved, with everyone from lawmakers to Web-freedom advocates to some of technology's biggest players calling it a greedy and dangerous overreach that could have a chilling effect on free speech and innovation.

Google, Yahoo and Facebook are among the Web heavyweights who have joined the chorus against the Stop Online Piracy Act (SOPA), which backers hope to have ready for a vote by the end of the year."

Strange bedfellows: Nancy Pelosi, Ron Paul join SOPA opposition; ArsTechnica.com, 11/17/11

2011-11-20T18:59:00.000-08:00

Nate Anderson, ArsTechnica.com; Strange bedfellows: Nancy Pelosi, Ron Paul join SOPA opposition:

"And Pelosi is far from the only member of Congress opposed to the legislation. On Tuesday, ten members of Congress signed a "dear colleague" letter expressing concerns with the bill. The signers were nine Democrats plus Rep Ron Paul (R-TX), a libertarian-leaning candidate for the GOP presidential nomination...

Also opposed to the legislation is Rep. Darrel Issa (R-CA)."

Stop Sopa now; Guardian, 11/16/11

2011-11-20T18:51:00.000-08:00

Dan Gilmor, Guardian; Stop Sopa now:

"America is fond of chiding other nations about freedom of speech in the internet age. Leaders including President Obama and Secretary of State Hillary Clinton are constantly reminding their global counterparts, especially in places like China, that internet censorship is a detriment to open government and honest self-rule. Yet, the Obama administration has used tactics that smell of censorship, and Congress is making common cause with a corporate cartel that wants to turn the internet into little more than an enhanced form of cable television. In the name of protecting copyright holders, they would censor the internet and force entrepreneurs to get permission to innovate."

Novelist Fights the Tide by Opening a Bookstore; New York Times, 11/15/11

2011-11-20T18:44:00.000-08:00

Julie Bosman, New York Times; Novelist Fights the Tide by Opening a Bookstore:

"Cultural leaders convened meetings in the public library to discuss who could step in and open a new bookstore. One idea, to start a co-op requiring small investments of $1,000, never got off the ground.

“People were greeting each other in grocery stores, at holiday parties, wringing our hands,” said Beth Alexander, the president of the board at the Nashville Public Library Foundation, the private fund-raising arm of the library. “We’re home to two dozen universities. We need to have a bookstore other than a campus bookstore, and people were looking at each other and saying, ‘We’re very concerned about this.’ ”

Ms. Patchett, meanwhile, hatched a plan of her own. She had money, connections and countless time spent on book tours. Soon she began posing the question to friends: What if she started a bookstore?"

ReDigi, Reseller of Digital Music, Responds to Industry Criticism; New York Times, 11/15/11

2011-11-20T18:28:00.000-08:00

New York Times; ReDigi, Reseller of Digital Music, Responds to Industry Criticism:

"What follows are excerpts from ReDigi’s response to the letter from the recording industry’s trade group..."

Sopa condemned by web giants as 'internet blacklist bill'; Guardian, 11/16/11

2011-11-17T19:33:00.000-08:00

Dominic Rushe, Guardian; Sopa condemned by web giants as 'internet blacklist bill' :

"Internet firms including Wikipedia owner Wikimedia, eBay, Google, Twitter and others protested as Congress discussed the controversial Stop Online Piracy Act (Sopa) now passing through Washington.

The act aims to tackle online piracy by giving the US Justice Department new powers to go after websites, both domestically and abroad, that host disputed copyright material. The act would allow the US to effectively pull the plug on websites and go after companies that support them technically or through payment systems. A vote on the bill could come as early as next month."

SOPA, The Internet Censorship Bill, Was Lauded By Both Parties In Key House Hearing; HuffingtonPost.com, 11/16/11

2011-11-16T19:01:00.000-08:00

Zach Carter and Ryan Grim, HuffingtonPost.com; SOPA, The Internet Censorship Bill, Was Lauded By Both Parties In Key House Hearing:

"At a House Judiciary Committee hearing Wednesday, Democrats and Republicans joined together to voice support for legislation that would criminalize much of the activity that occupies the Internet. The bipartisan bill known as the Stop Online Piracy Act would establish major new powers for corporations intent on corralling copyrighted materials -- powers that would lead to big legal bills for start-ups and Silicon Valley giants alike."

Site to Resell Music Files Has Critics; New York Times, 11/14/11

2011-11-15T13:37:00.000-08:00

Ben Sisario, New York Times; Site to Resell Music Files Has Critics:

"A legitimate secondhand marketplace for digital music has never been tried successfully, in part because few people think of reselling anything that is not physical. But last month a new company, ReDigi, opened a system that it calls a legal and secure way for people to get rid of unwanted music files and buy others at a discount.

The service has already drawn concern from music executives and legal scholars, who say it is operating in a gray area of the law. Last Thursday the Recording Industry Association of America, which represents the major record companies, sent ReDigi a cease-and-desist letter, accusing it of copyright infringement.

John Ossenmacher, ReDigi’s chief executive, contends that the service complies with copyright law, and that its technology offers safeguards to allay the industry’s concerns that people might profit from pirated music."

Library Copyright Alliance Voices Concerns Over Anti-Piracy Legislation; Library Journal, 11/9/11

2011-11-13T07:19:00.000-08:00

David Rapp, Library Journal; Library Copyright Alliance Voices Concerns Over Anti-Piracy Legislation:

"The Library Copyright Alliance (LCA)—whose members include the American Library Association, the Association of Research Libraries (ARL), and the Association of College & Research Libraries—yesterday released a letter [PDF] written to the ranking members of the House Judiciary Committee to voice "serious concerns" about two provisions in H.R. 3261, the Stop Online Piracy Act (SOPA) [PDF], which could greatly increase penalties for copyright infringement."

[Book Review]; Free Ride: How Digital Parasites Are Destroying the Culture Business and How the Culture Business Can Fight Back, by Robert Levine; Business Week, 11/3/11

2011-11-08T07:20:00.000-08:00

[Book Review] David Kamp, Business Week; Free Ride by Robert Levine:

"Now, as if to bolster Sulzberger’s resolve, comes Free Ride, Robert Levine’s unrelenting indictment of the free-content ethos that has dominated digital activism. Know that old Irving Kristol maxim that a neoconservative is a liberal who has been mugged by reality? Well, Free Ride is the book for the Net utopian who has been mugged by insolvency. It’s a riposte of sorts to Chris Anderson’s 2009 book Free: The Future of a Radical Price, which posits that in the digital economy, “free is not just an option, it’s the inevitable endpoint.”

Levine, a former executive editor of Billboard magazine, is here to say that this line of thinking is, to use the clinical macroeconomics term, a load of bollocks. The model of offering up content for free and making up for this lost revenue stream through advertising may work well for the likes of Google (GOOG), YouTube, and the Huffington Post, but it’s hell on the original-content creators upon which these sites ultimately depend: the professional class of reporters, authors, musicians, filmmakers, and producers whose work—books, articles, songs, TV shows, and movies—is still what the public is ultimately looking for."

Sirius’s Move to Bypass a Royalty Payment Clearinghouse Causes an Uproar; New York Times, 11/6/11

2011-11-08T06:19:00.000-08:00

Ben Sisario, New York Times; Sirius’s Move to Bypass a Royalty Payment Clearinghouse Causes an Uproar:

"SoundExchange, a nonprofit group, was founded in 2000 and is authorized by the United States Copyright Office to collect one kind of royalty for digital music. The royalty, the performance right for sound recordings, pays performers and record companies when their songs are played on digital streams like satellite radio and Pandora. (In a rule that has annoyed record companies and musicians for decades, terrestrial radio pays only songwriters and publishers.)"

Justin Bieber: Klobuchar should be 'locked up'; Star Tribune, 10/28/11

2011-10-31T08:57:00.000-07:00

Jeremy Herb, Star Tribune; Justin Bieber: Klobuchar should be 'locked up' :

"A teen pop superstar wants to throw Sen. Amy Klobuchar in jail.

Pop sensation Justin Bieber said that he thought Klobuchar should be “locked up” for a bill she’s proposed that would make it a felony to profit from streaming unlicensed online content."

E-PARASITE Bill: 'The End Of The Internet As We Know It'; TechDirt.com, 10/27/11

2011-10-31T08:54:00.000-07:00

Mike Masnick, TechDirt.com; E-PARASITE Bill: 'The End Of The Internet As We Know It' :

"We already wrote about the ridiculously bad E-PARASITE bill (the Enforcing and Protecting American Rights Against Sites Intent on Theft and Exploitation Act), but having now had a chance go to through the full bill a few more times, there are even more bad things in there that I missed on the first read-through. Now I understand why Rep. Zoe Lofgren's first reaction to this bill was to say that "this would mean the end of the Internet as we know it."

She's right. The more you look at the details, the more you realize how this bill is an astounding wishlist of everything that the legacy entertainment gatekeepers have wanted in the law for decades and were unable to get. It effectively dismantles the DMCA's safe harbors, what's left of the Sony Betamax decision, puts massive liability on tons of US-based websites, and will lead to widespread blocking of websites and services based solely on accusations of some infringement. It's hard to overstate just how bad this bill is."

A Store of Images, From a Time When ‘Cut and Paste’ Meant Just That; New York Times, 10/30/11

2011-10-31T08:19:00.000-07:00

Noam Cohen, New York Times; A Store of Images, From a Time When ‘Cut and Paste’ Meant Just That:

"THE sign in blue lettering read “Copyright-Free Images,” which may not rank with “Zero Percent Financing” or “Everything Must Go” when it comes to sales pitches. But it does have “free” in it, and it was enough to catch my eye while visiting London."

How to Reform Copyright; Chronicle of Higher Education, 10/9/11

2011-10-27T19:55:00.000-07:00

Lewis Hyde, Chronicle of Higher Education; How to Reform Copyright:

"James Madison presumably wrote the clause in the Constitution that allows Congress to give copyrights to authors, but even Madison had his reservation. The founding fathers considered copyright a "monopoly privilege" and, as Madison later wrote, "Monopolies ... ought to be granted with caution ... ." Two concerns lay behind that wariness. For the founders, both democratic self-governance and the conversation of creative communities demanded very low barriers to the circulation of knowledge and, therefore, strict restraint of monopoly privileges. Thus does the Constitution stipulate that copyrights be granted only for "limited times." "A temporary monopoly ... ought to be temporary," Madison declared. "Perpetual monopolies of every sort are forbidden ... by the genius of free Governments."

All that has changed, of course, the term of copyright now being statistically almost indistinguishable from a perpetual grant. How might that be corrected? How might we return to something more in line with the founders' caution and closer to their vision of both democracy and creativity?

Consider one proposal."

A National Digital Public Library Begins to Take Shape; Chronicle of Higher Education, 10/25/11

2011-10-27T19:49:00.000-07:00

Jennifer Howard, Chronicle of Higher Education; A National Digital Public Library Begins to Take Shape:

"The Digital Public Library of America doesn't exist yet, but it's closer to becoming a reality.

At an energized meeting held here at the National Archives on Friday, representatives from top cultural institutions and public and research libraries expressed robust support for the proposed library, which would create a portal to allow the public to get easy online access to collections held at many different institutions."

The case for piracy; ABC, 10/20/11

2011-10-27T19:40:00.000-07:00

Nick Ross, ABC; The case for piracy:

"We've been deluged with the arguments against piracy for years. But what's the other side of the story? Could it possibly be that copyright infringers and pirates aren't always the bad guys? Are copyright owners their own worst enemy? Judge for yourself and tell us what you think."

U.S. Copyright Office Outlines "Priorities and Special Projects"; Publishers Weekly, 10/26/11

2011-10-27T19:15:00.000-07:00

Andrew Albanese, Publishers Weekly; U.S. Copyright Office Outlines "Priorities and Special Projects" :

"Orphan works, preservation for libraries, mass digitization, and fighting digital piracy are among the priorities set by the Register of Copyrights Maria A. Pallante this week in a paper outlining the U.S. Copyyright Office's "priorities and special projects" for the next two years. In all, the paper articulates 17 priorities in the areas of copyright policy and administrative practice, and 10 "new projects" designed to "improve the quality and efficiency" of the U.S. Copyright Office’s services in the 21st century. The paper also summarizes the state of global policy, including U.S. trade negotiations, anti-piracy efforts and international discussions of exceptions and limitations."

Sylvester Stallone faces lawsuit over Expendables plot; Guardian, 10/27/11

2011-10-27T19:02:00.000-07:00

Henry Barnes, Guardian; Sylvester Stallone faces lawsuit over Expendables plot:

"Sylvester Stallone is facing a lawsuit from a writer who claims the actor stole the plot for ensemble action blockbuster The Expendables from a short story he filed with the US copyright office in 2006."

The Digital Death of Copyright's First Sale Doctrine; Freedom to Tinker, 10/11/11

2011-10-27T10:30:00.000-07:00

Annemarie Bridy, Freedom to Tinker; The Digital Death of Copyright's First Sale Doctrine:

"As the transition from physical to streaming or cloud-based digital distribution continues, further divorcing copyrighted works from their traditional tangible embodiments, it will increasingly be the case that consumers do not own the information goods they buy (or, rather, think they've bought). Under the court's decision in Vernor, all a copyright owner has to do to effectively repeal the statutory first sale doctrine is draft a EULA that (1) specifies that the user is granted a license; (2) significantly restricts the user's ability to transfer the software; and (3) imposes notable use restrictions."

Rihanna and David LaChapelle settle lawsuit over S&M video; Guardian, 10/20/11

2011-10-22T11:21:00.000-07:00

Sean Michaels, Guardian; Rihanna and David LaChapelle settle lawsuit over S&M video:

"Rihanna has settled a lawsuit from photographer David LaChapelle, who accused her of copying his photographs for one of her music videos. Earlier this summer, LaChappelle won the right to go to trial to contest the singer's alleged use of his Italian Vogue images in the video for her song S&M...

Although Rihanna's lawyers claimed LaChapelle was "trying to monopolise a whole genre" of sadomasochistic images, Scheindlin dismissed the issue of fair use."

Kanye West, Jay-Z Sued Over Uncleared 'Throne' Sample; Billboard, 10/18/11

2011-10-22T11:11:00.000-07:00

Eriq Gardner, Billboard; Kanye West, Jay-Z Sued Over Uncleared 'Throne' Sample:

"Syl Johnson, a respected musician who created many successful blues and soul songs in the 1960s and 1970s, has filed a lawsuit against hip hop superstars Kanye West and Jay-Z over an allegedly uncleared sample on the duo's latest album, "Watch the Throne.""

[Op-Ed] The Public Domain; New York Times, 10/11/11

2011-10-12T10:08:00.000-07:00

[Op-Ed] New York Times; The Public Domain:

"Copyright gives writers and others the incentive to create by giving them exclusive right to their work. But Congress’s power to grant copyright is limited in time and scope so that works can move into the public domain, where they become an essential part of our culture. The government must find other ways to comply with the trade treaty without curbing free expression."

Kookaburra Sitting Pretty in That Old Gum Tree as Court Upholds Copyright Ruling; New York Times, 10/7/11

2011-10-08T07:22:00.000-07:00

James C. McKinley, Jr., New York Times; Kookaburra Sitting Pretty in That Old Gum Tree as Court Upholds Copyright Ruling:

"Men at Work, the Australian rock band, lost its final bid Friday to overturn a court ruling that it had stolen a flute riff on its 1980s hit “Down Under” from a children’s song, The Associated Press reported."

Copyright Law Challenged; Wall Street Journal, 10/6/11

2011-10-08T07:15:00.000-07:00

Jess Bravin, Wall Street Journal; Copyright Law Challenged:

"The potential stakes are huge, and again pit old industry against new...

Solicitor General Donald Verrilli, defending the law, said it brought the U.S. into a convention that can protect American intellectual property abroad and amounted to "the price of admission to the international system."

Several justices, however, doubted that taking books and music by long-dead authors out of the public domain could promote the "progress" the Constitution sought to spur through copyright.

Justice Stephen Breyer, who dissented from the 2003 domestic-copyright case, said the government's position could undermine scholarship and preservation if researchers end up being forced to hire lawyers to track down owners or risk ignoring the law.

He cited the example of a group that seeks to preserve and publish Jewish music from the early 20th century but because the Nazis destroyed Eastern Europe's Jewish communities cannot identify the copyright owners."

In Supreme Court Argument, a Rock Legend Plays a Role; New York Times, 10/5/11

2011-10-08T07:04:00.000-07:00

Adam Liptak, New York Times; In Supreme Court Argument, a Rock Legend Plays a Role:

"Jimi Hendrix made an appearance at the Supreme Court on Wednesday in an argument over whether Congress acted constitutionally in 1994 by restoring copyright protection to foreign works that had once been in the public domain. The affected works included films by Alfred Hitchcock and Federico Fellini, books by C. S. Lewis and Virginia Woolf, symphonies by Prokofiev and Stravinsky and paintings by Picasso.

The suit challenging the law was brought by orchestra conductors, teachers and film archivists who say they had relied for years on the free availability of such works."

[Op Ed] Will Copyright Stifle Hollywood?; New York Times, 10/4/11

2011-10-08T07:00:00.000-07:00

[Op Ed] David Decherney, New York Times; Will Copyright Stifle Hollywood? :

"The Supreme Court is scheduled to hear arguments today in Golan v. Holder, a case challenging the copyright provision of the 1994 act. There are many reasons the justices should conclude that Congress went too far in altering the copyright system."

NinjaVideo "queen" cops to copyright infringement, admits $200,000 in earnings; ArsTechnica.com, 9/30/11

2011-10-02T11:51:00.000-07:00

Timothy Lee, ArsTechnica.com; NinjaVideo "queen" cops to copyright infringement, admits $200,000 in earnings:

"Hana Beshara, the co-founder and public face of the NinjaVideo movie-sharing site, has agreed to plead guilty to conspiracy and criminal copyright infringement. Each count carries a sentence of up to five years in prison.

According to the government, Beshara has admitted to personally earning more than $200,000 from operating the site, and she has agreed to forfeit assets seized by Immigration and Customs Enforcement last year."

Caving to Washington? "Canadian DMCA" expected to pass; ArsTechnica.com, 9/30/11

2011-10-02T11:45:00.000-07:00

Matthew Lasar, ArsTechnica.com; Caving to Washington? "Canadian DMCA" expected to pass:

"News accounts say that C-11 is an exact duplicate of Bill C-32, which croaked when the 2010 Parliament dissolved without passing the bill. Now, as then, one of the biggest points of contention will be the provisions regarding "digital locks." These add up to a Canadian version of the United States' Digital Millennium Copyright Act, with its DRM anti-circumvention provisions that make a variety of fair dealing (or fair use) activities untenable.

But critics of that portion of the legislation, such as Canadian law professor Michael Geist, suggest that this time around, the government will get its way."

Princeton U. Adopts Open-Access Policy; Chronicle of Higher Education, 9/29/11

2011-10-02T11:36:00.000-07:00

Jennifer Howard, Chronicle of Higher Education; Princeton U. Adopts Open-Access Policy:

"The movement to make research freely available got a high-profile boost this week with the news that Princeton University’s faculty has unanimously adopted an open-access policy. “The principle of open access is consistent with the fundamental purposes of scholarship,” said the faculty advisory committee that proposed the resolution.

The decision puts the university in line with Harvard University, the Massachusetts Institute of Technology, and a growing number of other institutions with policies that encourage or require researchers to post open copies of their articles, usually in an institutional repository. Unpublished drafts, books, lecture notes, etc., are not included in the Princeton policy, which gives the university a “nonexclusive right” to make copies of its faculty’s scholarly journal articles publicly available."

On the Docket; New York Times, 10/1/11

2011-10-02T08:52:00.000-07:00

New York Times; On the Docket:

"The Supreme Court, which returns to the bench on Monday, has so far agreed to hear about 50 cases, including ones on criminal and copyright law, the First Amendment and foreign affairs...

Golan v. Holder, No. 10-545

LOWER COURT DECISION The United States Court of Appeals for the 10th Circuit, in Denver, upheld a federal law that provided copyright protection to works that had entered the public domain, rejecting a challenge from orchestra conductors, teachers and film archivists now unable to use what had once been freely available materials.

QUESTION PRESENTED Whether the First Amendment and the Constitution’s copyright clause prohibit Congress from taking works out of the public domain."

Court Allows Richard Prince to Appeal Copyright Decision; New York Times, 9/15/11

2011-10-02T08:47:00.000-07:00

Randy Kennedy, New York Times; Court Allows Richard Prince to Appeal Copyright Decision:

"In a closely watched visual-arts copyright case, a federal appeals court ruled on Wednesday to permit an appeal by the artist Richard Prince, who was found in March by a lower court to have unlawfully used images by a French photographer to create a series of collages and paintings."

Judge Sets Schedule in Case Over Google’s Digital Library; New York Times, 9/15/11

2011-09-16T13:30:00.000-07:00

Julie Bosman, New York times; Judge Sets Schedule in Case Over Google’s Digital Library:

"Google’s plan to build a huge digital library remained stalled on Thursday when a federal judge set a proposed schedule for a lawsuit against the giant search company that could take the case to trial next year."

In Authors' Suit Against Libraries, an Attempt to Wrest Back Some Control Over Digitized Works; Chronicle of Higher Education, 9/14/11

2011-09-14T10:48:00.000-07:00

Jennifer Howard, Chronicle of Higher Education; In Authors' Suit Against Libraries, an Attempt to Wrest Back Some Control Over Digitized Works:

"The copyright-infringement lawsuit brought on Monday by the Authors Guild and others against the HathiTrust digital repository, the University of Michigan, and four other universities could have a major impact on research libraries and the fate of millions of book scans created by recent mass-digitizing efforts. The plaintiffs seek to take control of those files out of the hands of libraries until Congress establishes guidelines for the use of digital libraries and orphan works—those that are subject to copyright but whose rights holders can't be identified or located.

But Paul Courant, dean of libraries at Michigan, said the libraries and the trust are in the right and will go on with their work."