How Copyright Terms Restrict Scholarship; Pacific Standard, 2/17/15

Noah Bertlatsky, Pacific Standard; How Copyright Terms Restrict Scholarship:

"Copyright in the United States is supposed "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries," according to the Constitution. Yet, in the case of the early Marston and Peter comics, copyright appears to have failed. DC is not keeping the comics in print: So, in order to read the complete run of Wonder Woman in her two comics (Wonder Woman and Sensation Comics) for my research, I had to find unlicensed digital editions. Without piracy, my book would have been impossible to complete."

A Cheat Sheet for Copyright Reforms: Radio Royalties, Simplified Licensing and More; Billboard, 2/17/15

Ed Christman and Glenn Peoples, Billboard; A Cheat Sheet for Copyright Reforms: Radio Royalties, Simplified Licensing and More:

"The complex issue of copyright reform took center stage during the Grammy Awards telecast on Feb. 8 when Recording Academy chief Neil Portnow urged Congress to ensure that "new technology [pays] artists fairly." His comments echoed some of the contents of a 250-page music-licensing report issued just three days earlier by the U.S. Copyright Office. Congress may or may not enact some of those recommendations into law -- but if it does, the ramifications are enormous."

A New Copyright Complaint Against Richard Prince; New York Times, 2/16/15

Jennifer Schuessler, New York Times; A New Copyright Complaint Against Richard Prince:

"A lawyer for the photographer Donald Graham has sent cease-and-desist letters to the artist Richard Prince and the Gagosian Gallery, requesting that they stop displaying or disseminating any artworks or other materials that include Mr. Graham’s images.

The complaint, which was first reported by the website Hyperallergic, stems from a work shown last fall at Gagosian in the exhibit “New Portraits,” which featured ink jet prints of images Mr. Prince had taken from Instagram. The work shows Mr. Graham’s photograph “Rastafarian Smoking a Joint, Jamaica” as it appeared on the Instagram feed of a third party, with the comment “Canal Zinian da lam jam” added by Mr. Prince."

Indonesia Fails to Solve Olympic Ring Row Amid IOC Ban Talks; Reuters via New York Times, 2/18/15

Reuters via New York Times; Indonesia Fails to Solve Olympic Ring Row Amid IOC Ban Talks:

"The Indonesian Olympic Committee (KOI) and the Indonesian National Sports Committee (KONI) failed this week to resolve a copyright row involving the Olympic rings logo which has put the country's hosting of the 2018 Asian Games in jeopardy.

The International Olympic Committee (IOC) told the Indonesian government last month they faced a ban unless KONI stopped using the Olympic rings in its logo, saying only their member, KOI, was allowed to do so."

'Dumb and Dumber To' Piracy Leads to Copyright Lawsuits (Exclusive); Hollywood Reporter, 2/13/15

Hollywood Reporter; 'Dumb and Dumber To' Piracy Leads to Copyright Lawsuits (Exclusive) :

"The rights-holder of Dumb and Dumber To, last year's sequel starring Jim Carrey and Jeff Daniels, is the latest to jump aboard the legal stratagem of suing anonymous users of BitTorrent for sharing copyrighted work.

At least five lawsuits were filed in Oregon federal court on Thursday with "Does" and their IP addresses listed as defendants. In court papers, the rights-holder says that the film is currently one of the top 10 most downloaded movies though BitTorrent and with over 1,000 IP addresses from Oregon alone. The plaintiff says it is seeking relief because it is "suffering notable and irreparable harm though piracy."

Open data: how mobile phones saved bananas from bacterial wilt in Uganda; Guardian, 2/11/15

Anna Scott, Guardian; Open data: how mobile phones saved bananas from bacterial wilt in Uganda:

"Bananas are a staple food in Uganda. Ugandans eat more of the fruit than any other country in the world. Each person eats on average 700g (about seven small bananas) a day, according to the International Food Policy Research Institute, and they provide up to 27% of the population’s calorie intake.

But since 2002 a disease known as banana bacterial wilt (BBW) has wiped out crops across the country. When plants are infected, they cannot absorb water so their leaves start to shrivel and they eventually die...

The Ugandan government drew upon open data – data that is licensed and made available for anyone to access and share – about the disease made available by Unicef’s community polling project Ureport to deal with the problem.

Ureport mobilises a network of nearly 300,000 volunteers across Uganda, who use their mobiles to report on issues that affect them, from polio immunisation to malaria treatment, child marriage, to crop failure. It gathers data from via SMS polls and publishes the results as open sourced, open datasets.

The results are sent back to community members via SMS along with treatment options and advice on how best to protect their crops. Within five days of the first SMS being sent out, 190,000 Ugandans had learned about the disease and knew how to save bananas on their farms."

Can We Strengthen our Fragile Public Domain?; Library Journal, 2/12/15

Kevin L. Smith, Library Journal; Can We Strengthen our Fragile Public Domain? :

"In fact, even in the United States there has been some recognition that the Sonny Bono extension has done more harm than good. In a 2013 paper called, apparently without irony, “The Next Great Copyright Act,” Registrar of Copyrights Maria Pallante acknowledges that the copyright term is very long and that its length “has consequences” and needs to be made “more functional” (see pages 336-7). Although she stops short of asking Congress to repeal the 20-year extension, she does suggest “offsets” to mitigate the harm that has been done. Pallante is a far cry from being a “copyleft” radical; like previous Registrars, she tends to favor the interests of big content industries. So her suggestion that the term of copyright be readjusted because it is too long is a remarkable acknowledgement of the problem we have created.

Public Domain Day is one more reminder that our copyright laws in the U.S. have tipped the balance of protection too far away from its public interest roots."

Estonian Man Pleads Guilty in Megaupload Piracy Case; Associated Press via New York Times, 2/13/15

Associated Press via New York Times; Estonian Man Pleads Guilty in Megaupload Piracy Case:

"An Estonian man who worked as a computer programmer for the now-defunct file-sharing website Megaupload has pleaded guilty in what prosecutors say was a massive copyright-piracy scheme run through the site.

Andrus Nomm, 36, pleaded guilty Friday in federal court in Alexandria, Virginia, to conspiracy to commit copyright infringement. He was sentenced to a year and a day in prison and has agreed to cooperate with prosecutors. Prosecutors say Megaupload was used to illegally download millions of songs and movies in one of the biggest copyright cases in history.

Nomm was one of seven men indicted in the case three years ago and the first to be brought to the U.S. to face charges."

Court Revives Copyright Lawsuit Against Singer Frankie Valli; Associated Press via New York Times, 2/10/15

Associated Press via New York Times; Court Revives Copyright Lawsuit Against Singer Frankie Valli:

"A federal appeals court on Tuesday revived a copyright lawsuit against Frankie Valli and fellow "Four Seasons" band member Robert Gaudio over "Jersey Boys," the popular musical about the band.

Donna Corbello sued Valli and Gaudio in 2011 for copyright infringement, claiming the musical was based in part on an unpublished autobiography of "Four Seasons" band member Thomas DeVito that her late husband ghost-wrote. She said she deserved to share in the profits from the musical's success."

Google boss warns of 'forgotten century' with email and photos at risk; Guardian, 2/13/15

Ian Sample, Guardian; Google boss warns of 'forgotten century' with email and photos at risk:

"Researchers at Carnegie Mellon University in Pittsburgh have made headway towards a solution to bit rot, or at least a partial one. There, Mahadev Satyanarayanan takes digital snapshots of computer hard drives while they run different software programs. These can then be uploaded to a computer that mimics the one the software ran on. The result is a computer that can read otherwise defunct files. Under a project called Olive, the researchers have archived Mystery House, the original 1982 graphic adventure game for the Apple II, an early version of WordPerfect, and Doom, the original 1993 first person shooter game.

Inventing new technology is only half the battle, though. More difficult still could be navigating the legal permissions to copy and store software before it dies. When IT companies go out of business, or stop supporting their products, they may sell the rights on, making it a nightmarish task to get approval.

“To do this properly, the rights of preservation might need to be incorporated into our thinking about things like copyright and patents and licensing. We’re talking about preserving them for hundreds to thousands of years,” said Cerf."

Law Firm Founds Project to Fight ‘Revenge Porn’; Deal Book, 1/29/15

Deal Book, Matthew Goldstein; Law Firm Founds Project to Fight ‘Revenge Porn’ :

"The litigation is the handiwork of a new initiative by K&L Gates, a Pittsburgh-based law firm. Begun in late September, its Cyber Civil Rights Legal Project has roughly 50 lawyers at the firm volunteering their time...

The K&L program not only advises victims as to what legal steps can be taken to sue for damages, it also works with victims to consider the pros and cons of reporting online abuse to prosecutors. In instances where the victims have taken nude selfies or videos of themselves, the K&L lawyers are using the protections offered by federal copyright law to demand that the websites take down the images or risk being sued along with the perpetrators.

More often than not, commercial pornography websites, especially those based in the United States, will comply with a request to avoid any further legal entanglement.

But if a victim wants to bring a federal copyright lawsuit, there is a catch. In many cases, she or he would first need to register any videos or photos to be protected with the United States Copyright Office. In other words, to use copyright law as a hammer, a victim must publicly register a photo or video that she or he would rather no one ever see."

The NFL wants you to think these things are illegal; Ars Technica, 1/31/15

Sherwin Siy, Ars Technica; The NFL wants you to think these things are illegal:

"The voiceover in the clip says:

"This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL's consent is prohibited."

That second sentence is bunk from a legal standpoint. It is not illegal to describe or give an account of one of the biggest media events of the year. You can talk about the Super Bowl without infringing copyright. This is not a case of the NFL politely looking the other way while most of America, in public and private, in casual conversations and in commercial broadcasts, discusses the game without the NFL’s permission. The NFL would be laughed out of court for trying to prevent them from doing so—just because you have a copyright in a work doesn’t mean you can prevent people from talking about it. Copyright simply doesn’t extend that far."

The Real Reason People Keep Plagiarizing Tom Petty; Slate, 1/27/15

Adam Ragusea, Slate; The Real Reason People Keep Plagiarizing Tom Petty:

"Tom Petty’s copyright settlement with Sam Smith, announced Monday, marks at least the third time that Petty has heard similarities between his own songs and more recent hits by other artists. I think there’s a reason this keeps happening to Petty in particular: His music is so simple that a song can hardly play with the building blocks of rock ‘n’ roll without evoking a Petty hit.

To be clear, I am a lifelong Petty fan, and I think the virtues of simplicity in any art form far outweigh the downsides. My dispute is with artists who claim ownership over the very paints that everyone else has on their own palettes."

Sam Smith on Tom Petty Settlement: 'Similarities' But 'Complete Coincidence'; Rolling Stone, 1/26/15

Daniel Kreps, Rolling Stone; Sam Smith on Tom Petty Settlement: 'Similarities' But 'Complete Coincidence' :

"Over the weekend, The Sun reported that Sam Smith had quietly and amicably settled a copyright dispute with Tom Petty over the likeness between Smith's three-time Grammy-nominated "Stay With Me" and Petty's Full Moon Fever hit "I Won't Back Down," co-written with ELO's Jeff Lynne. In a statement to Rolling Stone, Smith's reps have confirmed that "Stay With Me" is now co-credited to Petty and Lynne, adding that while there are undeniable "similarities" between the two singles, it was a "complete coincidence.""

Dish found not to infringe Fox's copyright by letting users stream programs; PC World, 1/21/15

John Ribeiro, PC World; Dish found not to infringe Fox's copyright by letting users stream programs:

"A federal court in California has ruled that Dish Network did not infringe the copyright of Fox Broadcasting by offering users services for skipping ads and streaming live or recorded programming over the Internet to their computers and mobile devices."

Fair Use Is Not An Exception to Copyright, It’s Essential to Copyright; Electronic Frontier Foundation (EFF), 1/21/15

Corynne McSherry, Electronic Frontier Foundation (EFF); Fair Use Is Not An Exception to Copyright, It’s Essential to Copyright:

"Over the past two years, as talk of copyright reform has escalated, we’ve also heard complaints about the supposed expansion of fair use, or "fair use creep.” That kind of talk woefully misunderstands how fair use works.

Fair use provides breathing space in copyright law, making sure that control of the right to copy and distribute doesn’t become control of the right to create and innovate. New technologies and services depend on the creation of multiple copies as a matter of course. At the same time, copyright terms cover works many decades old and copyrighted software appears in more and more devices. Taken together, these developments mean the potential reach of copyright may extend ever further. Fair use makes sure that the rights of the public expand at the same time, so add-on creativity and innovation can continue to thrive. In other words, “fair use creep” is an essential corollary to “copyright creep.”"

Mein Kampf: The world’s most dangerous book?; BBC News, 1/13/15

Fiona Macdonald, BBC News; Mein Kampf: The world’s most dangerous book? :

"Adolf Hitler’s Mein Kampf falls out of copyright in Germany at the end of 2015. What will happen when authorities can no longer control its publication and distribution? A new BBC programme examines the issues."

Ford Tries to Shut Down Independent Repair Tool with Copyright; Electronic Frontier Foundation, 1/6/15

Kit Walsh, Electronic Frontier Foundation; Ford Tries to Shut Down Independent Repair Tool with Copyright:

"At EFF, we think people ought to be able to understand how their devices work and repair them without asking permission of the manufacturer. We also think independent repair companies should to be able to compete with manufacturers in the aftermarket. Simply put, you should be able to fix your stuff or choose someone you trust to do it for you.

The Ford Motor Company, however, takes a different view. It recently sued Autel, a manufacturer of third-party diagnostics for automobiles, for creating a diagnostic tool that includes a list of Ford car parts and their specifications. Ford claims that it owns a copyright on this list of parts, the "FFData file," and thus can keep competitors from including it in their diagnostic tools. It also claims that Autel violated the anti-circumvention provisions of the Digital Millennium Copyright Act by writing a program to defeat the "encryption technology and obfuscation" that Ford used to make the file difficult to read."

The Facebook ‘copyright notice’ hoax; Washington Post, 1/6/15

Alexandra Petri, Washington Post; The Facebook ‘copyright notice’ hoax:

"If you see friends on Facebook posting this — “In response to the new Facebook guidelines, I hereby declare that my copyright is attached to all of my personal details, illustrations, comics, paintings, professional photos and videos, etc. (as a result of the Berner Convention). For commercial use of the above my written consent is needed at all times!” — well, these words are as dust blown on the wind. They do not signify anything, legally speaking. For all the good that it will do you in terms of dealing with/weaseling out of/shaking off the uncomfortable coil of your contract with Facebook, you might as well type something like “DEAR FACEBOOK, I HEREBY CLAIM THIS LAND FOR SPAIN.”

As Andrew Noyes (a Facebook spokesman) said in a statement, according to ABC News, that “Under our terms (https://www.facebook.com/legal/terms), you grant Facebook permission to use, distribute, and share the things you post, subject to the terms and applicable privacy settings.”

You cannot simply announce that you do not want to abide by the permission you already granted. This is one case where you cannot revoke consent. As Snopes notes, “Facebook users cannot retroactively negate any of the privacy or copyright terms they agreed to when they signed up for their accounts, nor can they unilaterally alter or contradict any new privacy or copyright terms instituted by Facebook, simply by posting a contrary legal notice on their Facebook walls.”"

‘Game of Thrones’ Most Pirated Show For Third Straight Year; ComicBookResources.com, 12/29/14

TJ Dietsch, ComicBookResources.com; ‘Game of Thrones’ Most Pirated Show For Third Straight Year:

"Game of Thrones is the reigning champion, emerging as the most pirated television series for the third consecutive year. Not only does the HBO fantasy drama top TorrentFreak‘s 2014 list, but the estimated 8.1 million downloads rank higher than the 7.6 million legal viewers."

A Parody of a Mockumentary. Now That’s Meta; New York Times, 12/17/14

Suzy Evans, New York Times; A Parody of a Mockumentary. Now That’s Meta:

"And while Corky may have wished for mainstream recognition, Mr. Griggs realizes that the national spotlight might come at a cost.

“We don’t have any rights,” he said. “We’re doing it as a parody, and that’s worrisome.” He added that he is terrified about receiving a call from the movie studio. “I also know full well that it being in The New York Times, this’ll get us closed.”"

Rare Dylan Recordings Set for Release in Copyright-Extension Bid; New York Times, 12/5/14

Allan Kozinn, New York Times; Rare Dylan Recordings Set for Release in Copyright-Extension Bid:

"Thanksgiving has come and gone, and there’s a nip in the air — no question about it, European Copyright Extension season is upon us.

Since 2012, when the European Union passed a revised copyright law, extending the copyright on recordings from 50 years to 70 – but only if the recording was published during its first 50 years – record companies have been exploring their vaults for potentially marketable material in danger of losing its copyright protection if it is not released."

Grappling With the ‘Culture of Free’ in Napster’s Aftermath; New York Times, 12/7/14

Clyde Haberman, New York Times; Grappling With the ‘Culture of Free’ in Napster’s Aftermath:

"Napster did not last long, two years. But for a while at the dawn of this century it claimed to have 70 million registered users. It spawned a host of Internet music-swapping providers, more than a few of them falling on the dubious side of the law. Most important, it irrevocably altered not only the way in which Americans absorbed music but also their belief system in what they should pay. The conviction theologically held by many boiled down to a single word: nothing. “You have a generation of people now who expect their music for free,” Greg Hammer, managing director of Red Bull Records, a branch of the energy-drink company, told Retro Report. “It’s very difficult to change.”

The music industry is not alone in coming to terms with altered realities. As every sentient soul surely knows by now, the “culture of free” — words borrowed from the title of this week’s video — has turned the print world upside down, pushing newspapers, magazines and book publishers into a frantic search for financial safe harbors. With the advent of broad Internet use in the 1990s came a notion that information should be free. Never mind that the gathering and transmission of information can be a costly proposition and that (dirty word alert) money is needed if the survival of, say, a newspaper is to be ensured. As with music in Mr. Hammer’s observation, a generation now believes that the written word, whether on processed wood or in pixels, should come without charge."

Copyright Law Is Being Rewritten Right Now, and You Can Help; Wired.com, 12/8/14

Kyle Wiens, Wired.com; Copyright Law Is Being Rewritten Right Now, and You Can Help:

"Strap in, folks—because we’re about to talk copyright law. I’m aware that as soon as I string the words “copyright” and “law” together, eyes start to glaze over. I get it. Copyright law isn’t Kim-Kardashian’s-oiled-butt level stuff; it doesn’t break the internet. But important things hardly ever do. Believe it or not, copyright law is shaping up to be the next big battleground in technology. And its fundamentally redefining ownership.

Copyright isn’t just about pirating music or downloading DVDs anymore. Like a creature alive, copyright is evolving and expanding. Traditional “dumb” products are being replaced by an internet of things — and copyright is hitching along for the ride. Its DNA is being woven through the programming that powers your car, the firmware in your phone, the code in your kid’s talking teddy bear, and the software that calibrates your hearing aid."

Sirius XM Has Setback in Lawsuit; New York Times, 11/16/14

Ben Sisario, New York Times; Sirius XM Has Setback in Lawsuit:

"A federal judge in New York has ruled against Sirius XM over an obscure copyright issue that has galvanized the music industry: royalties for recordings made before 1972.

Sirius XM and Pandora Media have both been hit in the last year by a series of lawsuits over old recordings. Neither company pays record labels or performing artists on songs recorded before 1972, when federal copyright protection was first applied to recordings. (Both services, however, pay separate royalties for songwriting.)"

Leahy Introduces Same-Sex Copyright Inheritance Bill; Roll Call, 11/12/14

Anne L. Kim, Roll Call; Leahy Introduces Same-Sex Copyright Inheritance Bill:

"A bill introduced Wednesday would let spouses in same sex marriages inherit their each other’s copyrights regardless of whether or not the state where the copyright owner dies recognizes same-sex marriage."

Open Minds, Open Access; Inside Higher Ed, 10/22/14

Barbara Fister, Inside Higher Ed; Open Minds, Open Access:

"What I will say is that it seems wonderfully appropriate that we are thinking through the legal implications of this practice during Open Access Week. This annual event is in its eighth year and we have seen progress made. If you're not quite sure what open access means, the best two-minute explanation was written by Peter Suber and he explains it well, if not in as much depth as in his book about it. A lot of scholars now buy into the idea that it makes sense for their research to be available to all who have an internet connection, not just to those who are lucky enough to work at a research institution or have the resources to purchase all the books and articles they might want to look at.

There's a persistent misperception among many scholars that all open access publishing operations charge authors (most don't), that they are not peer reviewed (most are), and that they're run by scammers (yes, some scammers have set up faux publishing sites, but they're pretty obviously bogus. Rejecting all open access publications as a result is kind of like saying you will only accept messages that come on paper in an envelope with a stamp because email is a scam run by Spanish Prisoner crooks.)

One argument against open access that has never made sense to me is that the system we have works perfectly well and anyone who needs access to research already has it. Publishers have said this to members of the US Congress with a straight face. To me, this is a startlingly anti-intellectual stance."

Research Is Just the Beginning: A Free People Must Have Open Access to the Law; Electronic Frontier Foundation, 10/23/14

Corynne McSherry, Electronic Frontier Foundation; Research Is Just the Beginning: A Free People Must Have Open Access to the Law:

"The bad news: the specter of copyright has raised its ugly head. A group of standards-development organizations (SDOs) have banded together to sue Public.Resource.Org, accusing the site of infringing copyright by reproducing and publishing a host of safety codes that those organizations drafted and then lobbied heavily to have incorporated into law. These include crucial national standards like the national electrical codes and fire safety codes. Public access to such codes—meaning not just the ability to read them, but to publish and re-use them—can be crucial when there is an industrial accident; when there is a disaster such as Hurricane Katrina; or when a home-buyer wants to know whether her house is code-compliant. Publishing the codes online, in a readily accessible format, makes it possible for reporters and other interested citizens to not only view them easily, but also to search, excerpt, and generate new insights.

The SDOs argue that they hold a copyright on those laws because the standards began their existence in the private sector and were only later "incorporated by reference" into the law. That claim conflicts with the public interest, common sense, and the rule of law.

With help from EFF and others, Public.Resource.Org is fighting back, and the outcome of this battle will have a major impact on the public interest. If any single entity owns a copyright in the law, it can sell or ration the law, as well as make all sort of rules about when, where, and how we share it."

Downloading Music Is Quickly Going Out Of Fashion; HuffingtonPost.com, 10/24/14

Kerry Flynn, HuffingtonPost.com; Downloading Music Is Quickly Going Out Of Fashion:

"First records died, then cassette tapes, then CDs and now, downloads. That's right, we're all but officially in the age of streaming services. Apple might operate the largest online music store in the world, but the Apple Store's iTunes digital music sales have fallen about 13 percent this year, a source familiar with the matter tells the Wall Street Journal. The writing is on the wall."

Why We Need Bright Lines; Inside Higher Ed, 10/20/14

Joseph Storch, Inside Higher Ed; Why We Need Bright Lines:

"Frankly, the dueling decisions in these cases, and the numerous articles and statements by serious copyright scholars on both sides of this analysis, show that even those who steep themselves in the details of fair use can disagree on whether a certain use is fair or violative.

When intellectual property law experts cannot agree, we should not expect our history and math faculty to do justice to the fair use analysis each time.

Instead, faculty will divide into two camps. One group will “throw caution to the wind” and use whatever content they wish in whatever form they desire, hoping never to raise the ire of the publishing companies.

The other, out of an abundance of caution, will self-censor, and fail to make fair use of content for fear that they might step over a line they cannot possibly identify, and can never be certain of until a judge rules one way or the other. Either way, our students and the publishers lose out.""

Crooner in Rights Spat: Are copyright laws too strict?; New Yorker, 10/20/14

Louis Menand, New Yorker; Crooner in Rights Spat: Are copyright laws too strict? :

"This almost instinctive distinction between what is proper in the analog realm and what is proper in the digital realm is at the center of a global debate about the state of copyright law. Statutes protecting copyright have never been stricter; at the same time, every minute of every day, millions of people are making or using copies of material—texts, sounds, and images—that they didn’t create. According to an organization called Tru Optik, as many as ten billion files, including movies, television shows, and games, were downloaded in the second quarter of this year. Tru Optik estimates that approximately ninety-four per cent of those downloads were illegal. The law seems to be completely out of whack with the technology."

Cloud Computing Is Forcing a Reconsideration of Intellectual Property; New York Times, 10/11/14

Quentin Hardy, New York Times; Cloud Computing Is Forcing a Reconsideration of Intellectual Property:

"Almost overnight, our technology revolution is shaking up entire industries and remaking society. Don’t get caught up in the small stuff, though: Tech really is changing how we think about our ideas.

We’ve used ideas to sculpt the globe since the Industrial Revolution, thanks largely to the way we handle intellectual property. When machines, and machines to make identical machines, mass-produced reliably identical goods, it was because people understood the same set of instructions.

Mass-produced books, music and movies were possible, too. Like machine-making instructions, these items were made reliable and protected with laws of copyright, patent and trademark.

Now, according to people involved in the business of protecting ideas, all of that is set to change.

Software, lashing together thousands of computer servers into fast and flexible cloud-computing systems, is the reason. Clouds, wirelessly connected to more software in just about everything, make it possible to shift, remix and borrow from once separate industrial categories."

Rock ’n Roll Hall of Fame; New York Times, 10/14/14

Deb Amlen, New York Times; Rock ’n Roll Hall of Fame:

"The artist formerly known as Prince and who is apparently very sensitive about copyright has prevented any videos of “RASPBERRY BERET” from being played on YouTube."

Teenage Mutant Ninja Journal! Celebrating an Open Access Birthday; Scientific American, 10/20/14

Hilda Bastian, Scientific American; Teenage Mutant Ninja Journal! Celebrating an Open Access Birthday:

“The world of medical journals needs a fresh infusion of idealism.”

And with those words from PLOS founders, Mike Eisen, Pat Brown, and Harold Varmus, the first issue of PLOS Medicine launched 10 years ago today.

Its “mutant” superpower was being open access. Then – as now – it was bold, idealistic, and an active advocate for open science.

The year before, when PLOS had just arrived, Richard Horton, the editor of The Lancet, wrote:

“An historic realignment of power is beginning to take place in scientific and medical journal publishing. Nobody is certain about the final outcome.”"

OPEN ACCESS WEEK @ Pitt, 2014

OPEN ACCESS WEEK @ Pitt, 2014

"Open Access Week, a global event now entering its seventh year, is an opportunity for the academic and research community to continue to learn about the potential benefits of Open Access, to share what they've learned with colleagues, and to help inspire wider participation to make Open Access a new norm in scholarship and research."

Celebrating Open Access Week: Research Should Be Free, Available, and Open; Electronic Frontier Foundation, 10/20/14

Electronic Frontier Foundation; Celebrating Open Access Week: Research Should Be Free, Available, and Open:

"Welcome to the eighth annual Open Access Week! We're joining an international community—researchers and students, doctors and patients, librarians and activists—to celebrate free and open access to knowledge. This is also a time to discuss the barriers and costs of keeping research and information locked up with restrictive licenses and publisher paywalls.

This week, we'll be blogging daily about various aspects of open access, as well as ways to get involved in the movement. Visit this page throughout the week to find a list of all our blog posts. If you have further questions, be sure to tune in on Thursday at 10 a.m. PT for a reddit AmA, where we’ll be joined by fellow advocates and researchers."

"Copy Me" episode 3: "Early Copyright History"; BoingBoing.net, 10/13/14

Cory Doctorow, BoingBoing.net; "Copy Me" episode 3: "Early Copyright History" :

"Alex writes, "It features censorship, hangings, dissent and criticism, a whole bunch of state and church control, angry queens, sad Stationers, and, of course, our terrible culprit: the printing press.""

Conservatives' copyright law changes could backfire; CBC, 10/14/14

Kady O'Malley, CBC News; Conservatives' copyright law changes could backfire:

"It's not hard to imagine the Conservative advertising department working overtime to come up with a new ad centred on a clip of Trudeau's now infamous comments.

If done right — and until Trudeau came along, that ad department had an excellent track record, at least as far as demolishing the credibility of Liberal leaders — a campaign focusing on Trudeau's most ungainly on-camera moments of late could at least start to make up for the time and money wasted in trying to depict him as Canada's new Prince of Pot.

But last spring, representatives from Canada's major broadcasters — CBC, Radio Canada, CTV, Rogers and Shaw, owner of Global — served notice to all political parties that they were seriously considering imposing a collective blackout on ads making use of their proprietary footage without the explicit permission of the copyright holder.

Under that policy, if the Conservative Party can't strike a deal with one of the networks that happened to be filming Trudeau at the time, they would likely find the ad blocked from the airwaves."

YouTube Has Paid $1 Billion to Copyright Holders Since 2007; NBCNews.com, 10/14/14

NBCNews.com; YouTube Has Paid $1 Billion to Copyright Holders Since 2007:

"YouTube has paid out a cool $1 billion to copyright holders since 2007, the company confirmed to NBC News. It's all part of YouTube's Content ID program, which, according to a Google spokesperson, scans 400 years' worth of content every single day for potential copyright issues...

The majority of Content ID's 500-plus partners decide to monetize instead of ban those videos, according to Google, which could explain why the entertainment industry shifted from complaining about YouTube to awarding it a Primetime Engineering Emmy Award in 2013."

Readers Debate Online Piracy and the Future of Digital Entertainment; New York Times, 9/29/14

Jenna Wortham, New York Times; Readers Debate Online Piracy and the Future of Digital Entertainment:

"On Sunday, The New York Times published the story of a popular — and illegal — website that let people stream and download movies and television shows at their leisure. The site was taken offline in 2010 by the federal government, and the administrators behind the site were charged with conspiracy and copyright infringement. Nearly all served time in prison. The article touched a nerve among Times readers, eliciting hundreds of reactions about copyright infringement and intellectual property, and how the digital world complicates both.

Here is a sampling of their comments..."

Supreme Court won’t intervene in Shuster-DC fight over Superman; ComicBookResources.com, 10/6/14

Kevin Melrose, ComicBookResources.com; Supreme Court won’t intervene in Shuster-DC fight over Superman:

"The U.S. Supreme Court this morning declined to intervene in the copyright dispute between the Joe Shuster Estate and DC Comics, effectively ending the long, and frequently bitter, battle over who owns Superman.

By denying the estate’s petition, the justices let stand a November 2013 ruling by the Ninth Circuit that Shuster’s nephew is prevented by a 1992 agreement with DC from reclaiming the artist’s stake in the first Superman story under a clause of the 1976 U.S. Copyright Act.

At issue was a now 22-year-old deal in which the Shuster estate relinquished all claims to the property in exchange for “more than $600,000 and other benefits,” which included paying Shuster’s debts following his death earlier that year and providing his sister Jean Peavy and brother Frank Shuster with a $25,000 annual pension."

Kirby vs. Marvel settlement: The King’s goal fulfilled; ComicBookResources.com, 10/1/14

Corey Blake, ComicBookResources.com; Kirby vs. Marvel settlement: The King’s goal fulfilled:

"Nearly one month after what would’ve been Jack Kirby’s 97th birthday, the announcement was made: Concluding a five-year copyright battle, and decades of contention about credit and compensation, Marvel and the Kirby family revealed Friday that they had reached a settlement, just ahead of a conference to decide whether the U.S. Supreme Court would take up the case.

“Marvel and the family of Jack Kirby have amicably resolved their legal disputes,” they said in a joint statement, “and are looking forward to advancing their shared goal of honoring Mr. Kirby’s significant role in Marvel’s history.”

This is, without question, excellent news, and cause for celebration.

As is typical with settlements, the terms of their agreement aren’t made public, and the one-sentence statement gives no indication of how Kirby’s significant role in Marvel’s history will be honored."

Grooveshark employees are guilty of copyright infringement, judge rules; Guardian, 9/30/14

Samuel Gibbs, Guardian; Grooveshark employees are guilty of copyright infringement, judge rules:

"Griesa pointed to an internal memo sent in 2007 where Greenberg asked employees to “please share as much music as possible from outside the office” to help the service get off the ground.

“By overtly instructing its employees to upload as many files as possible to Grooveshark as a condition of their employment, Escape engaged in purposeful conduct with a manifest intent to foster copyright infringement via the Grooveshark service,” Griesa wrote.

Griesa gave the parties 21 days to reach agreement to stop further infringement.

“Escape respectfully disagrees with the court’s decision, and is currently assessing its next steps, including the possibility of an appeal,” John Rosenberg, a partner at Rosenberg & Giger representing the defendants told Reuters.

The ruling opens the door to a multimillion-pound damages suit from the record labels, who are keen to see the service shut down, calling it a “linear descendant” of file sharing services Grokster, LimeWire and Napster all of whom have been shutdown over copyright infringement."

For Bill on Disabled Access to Online Teaching Materials, the Devil’s in the Details; Chronicle of Higher Education, 9/30/14

Rebecca Koenig, Chronicle of Higher Education; For Bill on Disabled Access to Online Teaching Materials, the Devil’s in the Details:

"As smart classrooms become the norm on more campuses and online courses proliferate, some observers worry that the digital revolution will leave students with disabilities behind. But a bill under consideration in the U.S. Congress, the Technology, Equality, and Accessibility in College and Higher Education Act (HR 3505), would deal with that concern by creating accessibility guidelines for electronic materials used or assigned by college professors and administrators.

While the bill, known as the Teach Act, has bipartisan support in Congress, several higher-education organizations have raised concerns about what they consider the legislation’s broad language, inflexibility, and misplaced oversight."

Kurt Busiek Breaks Down the Marvel/Jack Kirby Legal Battle; ComicBookResources.com, 10/1/14

Steve Sunu, ComicBookResources.com; Kurt Busiek Breaks Down the Marvel/Jack Kirby Legal Battle:

"Additionally, Busiek posits a theory as to why Marvel decided to settle -- and it has to do with various organizations, including the Writer's Guild, the Director's Guild, the Screen Actor's Guild and more, filing amicus briefs that argued Marvel's current definition of employee is "not workable."

"[I]f the Supreme Court upholds it, it'll create chaos for other industries, where things that used to be classed as rights sales suddenly got redefined as work for hire. So they wanted the Supreme Court to hear the case and decide that no, the rules of work for hire don't work that way.

"And that's where things sat until Friday, when Marvel and the Kirbys settled, on the last possible business day before the Supreme Court started discussing whether to take the case.

"Based on that, it sure doesn't look like Marvel's throwing the Kirbys a few bucks to go away. If that's what they wanted to do, they could have done that any time within the last few years. Whoever blinked, it was the side that had the most to lose if the case went to the Supreme Court and risked a ruling they didn't like."

New UK Copyright Exception Allows Mashups -- But Only If Judges Think They Are Funny; TechDirt.com, 10/1/14

Glyn Moody, TechDirt.com; New UK Copyright Exception Allows Mashups -- But Only If Judges Think They Are Funny:

"Leaving aside the fact that judges tend to be somewhat advanced in years, and are therefore likely to have a very different idea from young creative artists of what "funny" means, there is also the point that this narrow definition excludes a huge class of mashups that aren't even intended to be funny, just creative."

How Copyright Law Protects Art From Criticism; Pacific Standard, 9/29/14

Noah Berlatsky, Pacific Standard; How Copyright Law Protects Art From Criticism:

"Oliver Wendell Holmes is right—judges aren’t necessarily going to be experts on, or very thoughtful about, aesthetic issues. Courts have to consider aesthetics in copyright law, but the result is often going to be messy and painful and often even unjust. There isn’t any way out of that.

However, there is a change that could ameliorate the situation to some extent. Gone With the Wind was published in 1936. That means that it’s 78 years old. The first American copyright act of 1790 allowed for a copyright term of 14 years, which could be renewed for another 14-year term if the author was alive. If that original law was still in effect, Gone With the Wind would have gone out of copyright almost 50 years ago. For that matter, Star Wars, Star Trek, Spider-Man, Faulkner’s oeuvre, and Stephen King’s early books would all be out of copyright. If you wanted to do a parody or sequel to any of those, no court would have to rule on the aesthetic value of anything. It wouldn’t matter if a court believed Stephen King’s work was canonical, or if they thought Faulkner’s racial views deserved to be undermined and questioned. When a work is out of copyright, it’s aesthetic value, or lack thereof, is irrelevant. Whether it’s great or whether it’s awful, the work is fair game for parodists, remixers, piraters of cheap editions, and anyone else."

Ridiculous Ruling Says University Can't Release Course Syllabi Because That Would Violate Professors' Copyright; Forbes, 9/29/14

George Leef, Forbes; Ridiculous Ruling Says University Can't Release Course Syllabi Because That Would Violate Professors' Copyright:

"On August 26, a Missouri appeals court held that course syllabi are protected by federal copyright law. That trumps the state’s Sunshine Law, so the court ruled that the university is correct in refusing to allow NCTQ or anyone else to have copies. NCTQ will appeal the decision to the Supreme Court of Missouri...

On legal grounds, the University of Missouri’s refusal to release the syllabi looks very shaky. Do professors really hold copyright over their syllabi?

One expert in copyright law, Chapman University law professor Tom Bell, thinks not. In an email to me, he wrote, “While debate continues over whether scholarship prepared in the course of employment with a university falls within the work-for-hire doctrine, there can be little doubt that syllabi do, meaning that the copyrights in them vest in the university rather than the professor.”

Another reason for believing that the court’s ruling is incorrect is the “fair use” exception to copyright. Under “fair use,” people are permitted to make reasonable use of copyrighted material. Among the factors that are to be considered are whether the use is for a non-profit educational purpose and how the use would affect the market value of the work. Here, the analysis to be done on the syllabi is for a non-profit educational purpose (assessing the quality of the education school courses), and it has no impact at all on the market value of the syllabi, which is zero."

Parody copyright laws set to come into effect; BBC News, 9/29/14

BBC News; Parody copyright laws set to come into effect:

"Changes to UK legislation are to come into force later this week allowing the parody of copyright works.

Under current rules, there has been a risk of being sued for breach of copyright if clips of films, TV shows or songs were used without consent.

But the new European Copyright Directive will allow the use of the material so long as it is fair and does not compete with the original version.

The new law will come into effect on 1 October.

Owners of the copyrighted works will only be able to sue if the parody conveys a discriminatory message.

It would then be down to a judge to decide if the parody is funny.

"The only, and essential, characteristics of parody are, on the one hand, to evoke an existing work while being noticeably different from it and, on the other, to constitute an expression of humour or mockery," the EU rules state.

"If a parody conveys a discriminatory message (for example, by replacing the original characters with people wearing veils and people of colour), the holders of the rights to the work parodied have, in principle, a legitimate interest in ensuring that their work is not associated with such a message.""

The Unrepentant Bootlegger; New York Times, 9/27/14

Jenna Wortham, New York Times; The Unrepentant Bootlegger:

"To the government, Ms. Beshara was a thief, plain and simple. The Motion Picture Association of America alerted the federal government to NinjaVideo and nine other movie-streaming sites, and they all went dark at the same time. The raids were carried out by several federal agencies working to combat counterfeiting and piracy, and the scale of the operation was meant to send a warning that the government wasn’t ignoring the freewheeling world of illegal online streaming and downloading.

Ms. Beshara, however, still can’t accept that what she was doing deserved the heavy hammer of the law. She served 16 months in prison for conspiracy and criminal copyright infringement, but she still talks about NinjaVideo as something grand. It was a portal that spirited her away from the doldrums of her regular life as a receptionist living with her parents to an online community that regarded her as its queen. Sure, she showed movies that were still playing in theaters, but it seemed like harmless, small-stakes fun.

“In hindsight — I know it’s naïve — but I never imagined it going criminal,” she said. “It didn’t seem like it was something to be bothered with. Even if it is wrong.”

She is not the only one who feels that way. It has proved very difficult to reverse a pervasive cultural nonchalance about what constitutes intellectual property theft on the web. Despite the government crackdown in 2010 and subsequent efforts to unplug websites that host or link to illegal content, new sites have emerged that filled the void that NinjaVideo left behind.

Online piracy is thriving. File-sharing, most of it illegal, still amounts to nearly a quarter of all consumer Internet traffic, according to Cisco Systems’ Visual Networking Index. And a recent report from Tru Optik, a media analytics firm, said that nearly 10 billion movies, television shows and other files, including games and pornography, were downloaded globally in the second quarter of 2014. Tru Optik estimates that about 6 percent of those downloads were legal. In July, a high-quality version of “The Expendables 3,” the Sylvester Stallone action comedy film, surfaced online and was downloaded millions of times, well before its release in theaters."