Happy public domain day: here's what copyright term extension stole from you in 2015; BoingBoing.net, 12/31/15

Cory Doctorow, BoingBoing.net; Happy public domain day: here's what copyright term extension stole from you in 2015:

"When Congress amended US copyright law in 1976, they extended the copyrights on works whose creators had produced them with the promise of not more than 56 years. Since then, almost nothing has entered the US public domain.

Every year, Jennifer Jenkins and Jamie Boyle at the Duke Center for the Public Domain list out all the works that today's artists would be free to work from -- as the creators who got their copyrights extended in 76 did -- except for the retroactive extension of copyright terms.

This year, we lost a lot of good stuff."

Guest blog by Deputy Director Russell Slifer; USPTO Director’s Forum Blog, 12/31/15

USPTO Director’s Forum Blog:

"Guest blog by Deputy Director Russell Slifer

I wanted to take this opportunity to thank all of our stakeholders and employees for their patience and support as we worked to repair USPTO operations to full functionality. I also want to extend our sincere appreciation to the hundreds of employees, contractors, and service providers who have been working around the clock, through the holidays, to restore operation of thousands of servers, network switches, firewalls, databases, and their connections.

The USPTO contracts, through service providers, for clean uninterrupted power from state of the art, redundant, uninterrupted power supplies for our data systems. On December 22, both of these power supplies were damaged, resulting in a complete power outage to our data systems. Analysis of the damage over the last week confirms our earlier assessments and eliminates any concerns of foul play. We will take this opportunity to work with our service providers to ensure that lessons are learned and improvements are made.

We regret that any interruption occurred, and we strive to provide service equal to the best in government and industry. The USPTO continues to invest in improving our IT systems and many of these improvements allowed the agency to bounce back more quickly. I am proud to say that the USPTO teams returned operation to many systems as early as the next day, successfully restored data from our backup systems, and made all the necessary hardware repairs to return to nearly 100 percent operations by December 28th. Thanks to the tireless dedication of so many people, the USPTO is again operating on an uninterrupted power supply."

Quentin Tarantino Sued Over ‘Django Unchained’ Alleged Copyright Infringement; Variety, 12/30/15

Dave McNary, Variety; Quentin Tarantino Sued Over ‘Django Unchained’ Alleged Copyright Infringement:

"Quentin Tarantino, The Weinstein Company and Columbia Pictures have been accused of copyright infringement through their 2012 movie “Django Unchained.”

The filmmaker and the distributors were named as defendants in a lawsuit filed on Dec. 24 in federal court in Washington, D.C., by Oscar Colvin, Jr. and his son Torrrance J. Colvin. The Colvins assert that the defendants have infringed on the copyright of their screenplay “Freedom,” citing what they allege are extensive similarities to Tarantino’s Oscar-winning script for “Django Unchained.”"

Jeb Abandons Jeb!; Mother Jones, 12/23/15

Russ Choma, Mother Jones; Jeb Abandons Jeb! :

"Last winter, months before Jeb Bush announced he was running for president, a Miami intellectual property attorney filed a trademark request for the word "Jeb!" on behalf of a mysterious Delaware corporation called BHAG LLC. As we discovered this summer, BHAG was an acronym for Big Hairy Audacious Goal. This phrase came from one of Bush's favorite business management books, and when he was governor he used this term to motivate his underlings. It wasn't until Bush, as a declared candidate, filed his financial disclosure form in July that the world learned he directly owned BHAG.

One of BHAG's few activities was to trademark "Jeb!" As is par for the course, the US Patent and Trademark Office accepted the submission and requested additional information before it would grant the trademark. But according to that office, on November 9 Bush's application was officially abandoned. Technically, Bush has until January 9 to restart the process, but for now the name is not trademarked and open for anyone else to try to grab."

Crowdfunded ‘Star Trek’ Fan Film Accused of Copyright Infringement; Wall Street Journal, 12/30/15

Jacob Gershman, Wall Street Journal; Crowdfunded ‘Star Trek’ Fan Film Accused of Copyright Infringement:

"The lawsuit, which Hollywood Reporter wrote about, claims the fan film incorporates “innumerable” copyrighted elements of Star Trek, from the Federation starship bridge to the Vulcan and Klingon races."

'Game Of Thrones' Is The Most Pirated TV Show Of The Year, Again; Huffington Post, 12/28/15

Todd Van Luling, Huffington Post; 'Game Of Thrones' Is The Most Pirated TV Show Of The Year, Again:

"The life of a pirate is traditionally full of untimely death, and 2015 was no exception. For the fourth year in a row, Internet pirates looted streams of the show where everybody dies, "Game of Thrones.""

America's Orchard? Adams County eyes fruit trademark; Hanover Sun via Pittsburgh Post-Gazette, 12/25/15

Chris Cappella, Hanover Sun via Pittsburgh Post-Gazette; America's Orchard? Adams County eyes fruit trademark:

"The way Idaho is associated with potatoes, or Napa Valley, Calif., is associated with wine, Adams County, Pa., could be associated with its own signature identity, said Marty Qually, county commissioner.

That identity could be America’s Orchard, a trademark proposed by the Adams County Office of Planning and Development for the fruit belt region in western Adams County, Mr. Qually said.

“It’s an effort to really kind of brand the fruit belt in Adams County as being something significant on a national level, which we all know it is,” he said. “We have something that is unique to the nation, so this is America’s Orchard.”...

The planning and development office started working on the trademark about a year ago, Ms. Clayton-Williams said. After research and ideas were complete, the trademark was submitted to the U.S. Trademark and Patent office in October. By mid-February, they expect to have a final decision on approval, she said.

The group anticipates the trademark being approved because they don’t believe it’s currently in use, Ms. Clayton-Williams said. As that process comes to an end, the office is looking to create a trademark branding advisory committee for local stakeholders, she said.

The goal of the committee would be to create a logo and sustainable model for the trademark, Ms. Clayton-Williams said."

Government Can't Deny Trademarks Over Offensive Names, Appeals Court Rules; NPR, 12/23/15

Eyder Peralta, NPR; Government Can't Deny Trademarks Over Offensive Names, Appeals Court Rules:

"The court ruled that their name — The Slants — is private speech and therefore protected by the First Amendment. The government, the court writes, has no business trying to regulate it by denying the band a trademark.

At issue in the case was Section 2(a) of the Lanham Act, which allows the U.S. Patent and Trademark Office (PTO) to deny or cancel a trademark if it is "disparaging" of persons, institutions or national symbols.

In a 10-2 decision, the court decided parts of that section were unconstitutional. Conferring a trademark, the court argues, does not make the band's name government speech.

Here's the comparison the majority uses: "The PTO's processing of trademark registrations no more transforms private speech into government speech than when the government issues permits for street parades, copyright registration certificates, or, for that matter, grants medical, hunting, fishing, or drivers licenses, or records property titles, birth certificates, or articles of incorporation.""

Re-Print of Hitler's 'Mein Kampf' Unleashes Row in Germany; Reuters via New York Times, 12/23/15

Reuters via New York Times; Re-Print of Hitler's 'Mein Kampf' Unleashes Row in Germany:

"For the first time since Hitler's death, Germany is publishing the Nazi leader's political treatise "Mein Kampf", unleashing a highly charged row over whether the text is an inflammatory racist diatribe or a useful educational tool.

The 70-year copyright on the text, written by Hitler between 1924-1926 and banned by the Allies at the end of World War Two, expires at the end of the year, opening the way for a critical edition with explanatory sections and some 3,500 annotations.

In January the 2,000 page, two-volume work will go on sale after about three years of labor by scholars at Munich's Institute for Contemporary History."

Protecting Rudolph - trade marks and copyright helping commercialise Christmas songs; Lexology, 12/23/15

Marks & Clerk, Lexology; Protecting Rudolph - trade marks and copyright helping commercialise Christmas songs:

"With festive songs from years gone by playing on the radio and familiar family films returning to our television screens, many of us are ready for Christmas. It is no secret that many businesses have spent months, if not the whole year, readying themselves for the holiday season, which is one of the key events in their annual sales cycle. Indeed, it is thanks to strategic commercial planning on the part of businesses that many of these films, songs and books which we enjoy during the Christmas period make a return year after year. This strategic forethought almost always involves IP protection, including trade marks and copyright.

Some of the most memorable songs like Irving Berlin’s “White Christmas” first released in 1942 and Johnny Marks’ “Rudolph The Red Nosed Reindeer”, composed in 1949, have long histories, in which copyright and trade marks play key roles.

Copyright and trade marks are closely associated but protect different legal rights. In legal speak, copyright serves to protect original literary and artistic works from unauthorised copying; trade marks seek to guarantee the commercial origin of particular goods and services. This distinguishes those goods and services from their competitors’."

Ruling Could Help Washington Redskins in Trademark Case; New York Times, 12/22/15

Richard Sandomir, New York Times; Ruling Could Help Washington Redskins in Trademark Case:

"The United States Court of Appeals for the Federal Circuit in Washington made the ruling in a case involving an Asian-American dance-rock band that sought to register a trademark for its provocative name, the Slants. The court said the First Amendment “forbids government regulators to deny registration because they find the speech likely to offend others.”

Writing for the majority, Kimberly A. Moore, a judge on the appeals court, said: “It is a bedrock principle underlying the First Amendment that the government may not penalize private speech merely because it disapproves of the message it conveys.”...

Still, Tuesday’s ruling was considered a major one in trademark law — the striking down of a provision of the nearly 70-year-old Lanham Act that deals with disparaging or offensive trademarks.

“The majority opinion is a very broad rejection of the proposition that the federal government can refuse registration or use of a trademark based on whether certain groups find the mark to be disparaging,” said Jeremy Sheff, a law professor at St. John’s University School of Law who specializes in intellectual property. “It was exactly on that basis that the Redskins’ marks were canceled.”

Whatever happens in the appeals court to the Redskins’ registered trademarks, the team’s use of its name is not in jeopardy. Although it symbolizes racism and intolerance to some, and has inspired groups to demand that it be replaced, the Redskins’ owner, Daniel Snyder, has vowed never to drop it. He has fought a public battle to prove the name does not offend all Native Americans. And he has the backing of the N.F.L., which has been paying the costs of defending the trademarks."

Kim Dotcom's extradition to US cleared by New Zealand judge; Guardian, 12/22/15

Guardian; Kim Dotcom's extradition to US cleared by New Zealand judge:

"A New Zealand court has ruled that Kim Dotcom, the Megaupload founder, can be extradited to the United States to face charges of copyright infringement, racketeering and money laundering.

The decision, which can be appealed, comes almost four years after New Zealand police first raided Dotcom’s mansion west of Auckland at the behest of the FBI. US authorities shut down the entrepreneur’s file-sharing website, which had been used to illegally download songs and movies...

US authorities say Dotcom and three co-accused Megaupload executives cost film studios and record companies more than US$500m and generated more than US$175m in profits by encouraging their paying users to store and share copyrighted material, such as movies and TV shows.

The New Zealand prosecution, which argued the case for the US government, said Dotcom and his executives had encouraged and paid users to upload the pirated films and music to generate profit."

UK journal Library and Information Research has published a special issue on copyright in LIS, Vol. 39 No. 121 (2015)

UK journal Library and Information Research has published a special issue on copyright in LIS:

"Library and Information Research has just published its latest issue at http://www.lirgjournal.org.uk. (This is an open access journal, published by the Library & Information Research Group, a special interest group of CILIP that encourages practitioners to engage in research and promotes collaboration between faculty and practitioner-researchers.)

This is a special issue focusing on copyright and related rights and library and information services, guest edited by Adrienne Muir.

View the table of contents and then visit the journal website to read the articles."

All Bill Information (Except Text) for H.R.4241 - Copyright Office for the Digital Economy Act; Introduced 12/11/15

All Bill Information (Except Text) for H.R.4241 - Copyright Office for the Digital Economy Act:

Pitt Law Professor Michael Madison will give a talk on intersections among academic freedom, copyright and publishing, and new media and communication platforms on Tuesday, 1/12/16 4 PM, University of Pittsburgh

Talk on 1/12/16 4 PM at University of Pittsburgh:

Pitt Law Professor Michael Madison will give a talk on intersections among academic freedom, copyright and publishing, and new media and communication platforms: You may have heard that the topic of the 2016 Senate plenary will be academic freedom in the 21st century. As a lead-up event, the University Senate invites you to an open discussion with Pitt Law Professor Michael Madison on intersections among academic freedom, copyright and publishing, and new media and communication platforms. Please see the attached announcement for additional details. We hope you will attend. Day/Time: Tuesday, January 12 at 4:00pm, 2500 Posvar Hall.

A new announcement is available. Click the link below to view it:

http://www.universityannouncements.pitt.edu/std1222.pdf

Hong Kong netizens worry copyright bill will limit freedom of expression; Los Angeles Times, 12/19/15

Violet Law, Los Angeles Times; Hong Kong netizens worry copyright bill will limit freedom of expression:

"Gathering for a rally outside Hong Kong’s Legislative Council, with a banner nearby proclaiming, “Fight for the freedom of the next generation,” several hundred raised their voices against a copyright bill they say could further chill freedom of expression in the semiautonomous Chinese territory.

Protesters said they fear the legislation could be wielded as a tool of political prosecution against those who use memes to mock politicians, and even expose them to criminal charges...

In recent years, Hong Kong has sprouted an online parody subculture, as disaffected local netizens lampoon officials and criticize government policies by repurposing pop songs or doctoring screen grabs.

The new bill carries exemptions for caricature, parody, pastiche, satire, news reporting and commentary. It also requires those who repurpose others’ material to cite the source of the original work and obtain permission from copyright owners.

Opponents say the requirement puts too heavy a burden on authors of derivative works and would leave them vulnerable to civil liabilities and criminal charges. Opponents of the legislation are also pressuring lawmakers to amend the bill to exempt fair use, as is the case under the Digital Millennium Copyright Act in the U.S., or all user-generated content, a concept pioneered in Canada’s copyright law, saying these laws afford users the impunity to exercise their freedom of expression."

U.S. Patent and Trademark Office director: 'Unconscious bias' in tech exists; Politico, 12/10/15

Eliza Collins, Politico; U.S. Patent and Trademark Office director: 'Unconscious bias' in tech exists:

"Michelle Lee said Thursday there is an “unconscious bias” in tech, but it isn’t just specific to women.

Lee was speaking at POLITICO’s Women Rule event.

Lee, the undersecretary of commerce for intellectual property and director of the U.S. Patent and Trademark Office, challenged leaders to make sure they’re giving equal jobs to men and women.

“Unconscious bias applies to both men and women,” said Lee, the first woman to serve as director of the Patent and Trademark Office."

Got an invention? Head to your regional patent office; Marketplace.org, 11/30/15

Lauren Silverman, Marketplace.org; Got an invention? Head to your regional patent office:

"There are lots of obstacles in the patenting process – money, time, knowledge. Every year, the U.S. Patent and Trademark Office receives hundreds of thousands of applications. There’s a backlog of more than 550,000 ideas that need to be sifted through.

The head of the agency – Google veteran Michelle Lee – hopes hiring more patent officers and stationing them at outposts across the country will speed up the process. The four regional offices that have opened are in Denver, Detroit, San Jose and Dallas.

The Dallas office will employ 80 patent examiners – meaning for the first time, applicants in the region won’t have to travel to the beltway if they want to meet face-to-face with their assigned examiners."

Patent office launches international application tracking tool; FedScoop, 12/1/15

Whitney Blair Wyckoff, FedScoop; Patent office launches international application tracking tool:

"The Patent and Trademark Office has debuted a new online tool that it says will help those filing for intellectual property protections abroad.

Called Dossier Access, the service allows users to track the status of patents in the world’s five largest patent offices: the U.S. Patent and Trademark Office, the European Patent Office, the Korean Intellectual Property Office, China’s State Intellectual Property Office and the Japan Patent Office.

U.S. patents only offer protection for inventions in this country. To receive similar protections abroad, inventors must file with foreign patent offices as well, USPTO’s Deputy Commissioner for International Patent Cooperation Mark Powell told FedScoop. But that process can be expensive and complicated. Even checking the status of an application can be tricky because other offices' application documents are not always in English, he said."