Jodi Benassi, Mary Hallerman, Nicole M. Jantzi, The National Law Review; 2019 IP Law Year in Review: Copyrights
"EXECUTIVE SUMMARY
In many ways, copyright jurisprudence in 2019 was a study in
contrasts. While certain cases represented a “back to basics” approach,
answering fundamental questions such as “When can a copyright owner sue
for copyright infringement?” and “What costs can a prevailing copyright
owner recover?,” others addressed thorny issues involving fair use and
the first sale doctrine.
In the wake of several pivotal copyright decisions involving the
music industry in 2018, such as the watershed “Blurred Lines” verdict,
disputes involving music continued to provide fuel for the courts to
weigh in on copyright this year. As we look to 2020, all eyes will be on
the Supreme Court and its decision in the epic battle between Google
and Oracle and the protectability of software. This report provides a
summary of 2019’s important copyright decisions with the hopes of
assisting those navigating copyright infringement and enforcement issues
in the coming year."
Thursday, February 27, 2020
Wednesday, February 26, 2020
Smithsonian Releases 2.8 Million Images Into Public Domain; Smithsonian Magazine, February 25, 2020
Katherine J. Wu
, Smithsonian Magazine; Smithsonian Releases 2.8 Million Images Into Public Domain
"For the first time in its 174-year history, the Smithsonian has released 2.8 million high-resolution two- and three-dimensional images from across its collections onto an open access online platform for patrons to peruse and download free of charge. Featuring data and material from all 19 Smithsonian museums, nine research centers, libraries, archives and the National Zoo, the new digital depot encourages the public to not just view its contents, but use, reuse and transform them into just about anything they choose—be it a postcard, a beer koozie or a pair of bootie shorts.
And this gargantuan data dump is just the beginning. Throughout the rest of 2020, the Smithsonian will be rolling out another 200,000 or so images, with more to come as the Institution continues to digitize its collection of 155 million items and counting...
The database’s launch also marks the latest victory for a growing global effort to migrate museum collections into the public domain. Nearly 200 other institutions worldwide—including Amsterdam’s Rijksmuseum, New York’s Metropolitan Museum of Art and the Art Institute of Chicago—have made similar moves to digitize and liberate their masterworks in recent years. But the scale of the Smithsonian’s release is “unprecedented” in both depth and breadth, says Simon Tanner, an expert in digital cultural heritage at King’s College London.
Spanning the arts and humanities to science and engineering, the release compiles artifacts, specimens and datasets from an array of fields onto a single online platform."
"For the first time in its 174-year history, the Smithsonian has released 2.8 million high-resolution two- and three-dimensional images from across its collections onto an open access online platform for patrons to peruse and download free of charge. Featuring data and material from all 19 Smithsonian museums, nine research centers, libraries, archives and the National Zoo, the new digital depot encourages the public to not just view its contents, but use, reuse and transform them into just about anything they choose—be it a postcard, a beer koozie or a pair of bootie shorts.
And this gargantuan data dump is just the beginning. Throughout the rest of 2020, the Smithsonian will be rolling out another 200,000 or so images, with more to come as the Institution continues to digitize its collection of 155 million items and counting...
The database’s launch also marks the latest victory for a growing global effort to migrate museum collections into the public domain. Nearly 200 other institutions worldwide—including Amsterdam’s Rijksmuseum, New York’s Metropolitan Museum of Art and the Art Institute of Chicago—have made similar moves to digitize and liberate their masterworks in recent years. But the scale of the Smithsonian’s release is “unprecedented” in both depth and breadth, says Simon Tanner, an expert in digital cultural heritage at King’s College London.
Spanning the arts and humanities to science and engineering, the release compiles artifacts, specimens and datasets from an array of fields onto a single online platform."
The Phillies Unveil a New Phanatic as Lawyers Fight Over Mascot Copyright; The New York Times, February 24, 2020
, The New York Times; The Phillies Unveil a New Phanatic as Lawyers Fight Over Mascot Copyright
"In court papers filed in August, the Phillies said that Harrison/Erickson, the New York-based design and marketing firm that worked on the mascot’s design in 1978, improperly wanted to terminate an agreement over the Phanatic’s copyright...
Josh Gerben, an intellectual property lawyer who is not involved in the litigation, said that the Phanatic’s new design was likely an attempt by the Phillies to show that they had changed the mascot enough over the years that it was no longer covered by Harrison/Erickson’s copyright.
He was surprised that the Phillies had not settled the case — a possible indication, he said, that Harrison/Erickson was asking for a large sum. If the case does go to trial, he said, it would be hard to predict what a jury would do."
"In court papers filed in August, the Phillies said that Harrison/Erickson, the New York-based design and marketing firm that worked on the mascot’s design in 1978, improperly wanted to terminate an agreement over the Phanatic’s copyright...
Josh Gerben, an intellectual property lawyer who is not involved in the litigation, said that the Phanatic’s new design was likely an attempt by the Phillies to show that they had changed the mascot enough over the years that it was no longer covered by Harrison/Erickson’s copyright.
He was surprised that the Phillies had not settled the case — a possible indication, he said, that Harrison/Erickson was asking for a large sum. If the case does go to trial, he said, it would be hard to predict what a jury would do."
Feds to US Firms: Watch Out for Employees Trying to Steal Trade Secrets for China; PC Mag, February 26, 2020
Michael Kan, PC Mag; Feds to US Firms: Watch Out for Employees Trying to Steal Trade Secrets for China
"“It’s not a spy versus spy game anymore,” said William Evanina, Director of the National Counterintelligence and Security Center, during the panel. “This is the businessman, the engineer, the scientist, the student, the professor.”...
To stop the intellectual property theft, the feds are urging US companies to protect against insider threats, which can be spurred on both by foreign governments and domestic rivals, they noted. But the answer isn’t to profile employees or stop hiring staffers from certain countries, [John] Demers[US Assistant Attorney General for National Security] said. He suggests companies develop internal systems that can track when employees are accessing sensitive company files, which can help pinpoint when a IP theft might be occurring. For example, if a soon-to-be ex-staffer is suddenly accessing a huge trove of a confidential documents, the system should immediately flag the download to company administrators."
"“It’s not a spy versus spy game anymore,” said William Evanina, Director of the National Counterintelligence and Security Center, during the panel. “This is the businessman, the engineer, the scientist, the student, the professor.”...
To stop the intellectual property theft, the feds are urging US companies to protect against insider threats, which can be spurred on both by foreign governments and domestic rivals, they noted. But the answer isn’t to profile employees or stop hiring staffers from certain countries, [John] Demers[US Assistant Attorney General for National Security] said. He suggests companies develop internal systems that can track when employees are accessing sensitive company files, which can help pinpoint when a IP theft might be occurring. For example, if a soon-to-be ex-staffer is suddenly accessing a huge trove of a confidential documents, the system should immediately flag the download to company administrators."
Universities And The Commercialization Of Intellectual Property; Forbes, February 25, 2020
; Universities And The Commercialization Of Intellectual Property
"Universities are, as McLuhan came to understand from his career as a professor, bureaucratic institutions -- risk-averse and prone to discriminate against whatever is politically incorrect. This characteristic is also true of modern research universities, glorified though they are as idea factories.
Administrators might talk up breakthroughs and research acumen, but a typical university will nevertheless direct its resources toward things other than the commercialization of innovations that emerge on campus. When business owners inquire about accessing those innovations, many schools hem and haw, unsure of how to proceed because “those who can’t do, teach,” all the while demanding concessions from the private sector that amount to administrators wanting to have their IP cake and eat it, too."
"Universities are, as McLuhan came to understand from his career as a professor, bureaucratic institutions -- risk-averse and prone to discriminate against whatever is politically incorrect. This characteristic is also true of modern research universities, glorified though they are as idea factories.
Administrators might talk up breakthroughs and research acumen, but a typical university will nevertheless direct its resources toward things other than the commercialization of innovations that emerge on campus. When business owners inquire about accessing those innovations, many schools hem and haw, unsure of how to proceed because “those who can’t do, teach,” all the while demanding concessions from the private sector that amount to administrators wanting to have their IP cake and eat it, too."
Tuesday, February 25, 2020
WIPO Publishes Submissions on AI and IP Policy; IP Watchdog, February 24, 2020
James Nurton, IP Watchdog; WIPO Publishes Submissions on AI and IP Policy
"Twenty-two member states of the World Intellectual Property Organization (WIPO), more than 100 organizations, and over 100 individuals have submitted comments and suggestions in response to WIPO’s Draft Issues Paper on IP Policy and AI.
The submissions have been posted in the form and in the languages in which they were received on WIPO’s website.
The comments will feed into a revised issues paper for discussion at the second session of the WIPO Conversation on IP and AI, which takes place in Geneva in May 2020."
"Twenty-two member states of the World Intellectual Property Organization (WIPO), more than 100 organizations, and over 100 individuals have submitted comments and suggestions in response to WIPO’s Draft Issues Paper on IP Policy and AI.
The submissions have been posted in the form and in the languages in which they were received on WIPO’s website.
The comments will feed into a revised issues paper for discussion at the second session of the WIPO Conversation on IP and AI, which takes place in Geneva in May 2020."
Friday, February 21, 2020
The Real Cost Of Doing Business: Newport Gallery Owner Kristen Coates Sued For Copyright Infringement; Newport Buzz, February 17, 2020
Newport Buzz; The Real Cost Of Doing Business: Newport Gallery Owner Kristen Coates Sued For Copyright Infringement
"Newport, RI born artist Mia Tarducci is suing Bellevue Avenue art gallery owner Kristen Coates in federal court for copyright infringement revolving around a series of works that Coates produced that look eerily similar to works produced by Tarducci."
"Newport, RI born artist Mia Tarducci is suing Bellevue Avenue art gallery owner Kristen Coates in federal court for copyright infringement revolving around a series of works that Coates produced that look eerily similar to works produced by Tarducci."
What Happens to Trade Secrets in a World Where Professor X & Mind Reading Are Real?; Escapist Magazine, February 2, 2020
Adam Adler, Escapist Magazine; What Happens to Trade Secrets in a World Where Professor X & Mind Reading Are Real?
"When it comes to trade secrets, though, the law is straightforward — at least in theory: Secrecy is good. The more mechanisms one uses to protect their trade secret, the harder it will be for one’s adversary to challenge the legitimacy of the trade secret protections."
"When it comes to trade secrets, though, the law is straightforward — at least in theory: Secrecy is good. The more mechanisms one uses to protect their trade secret, the harder it will be for one’s adversary to challenge the legitimacy of the trade secret protections."
Thursday, February 20, 2020
The Lifecycle of Copyright: 1924 Works Enter the Public Domain; Library of Congress, February 20, 2020
; The Lifecycle of Copyright: 1924 Works Enter the Public Domain
"Last year, for the first time in twenty years, published creative works entered into the public domain in the United States. Works from 1923 saw their copyright terms end, meaning they were no longer subject to copyright protection. With the new year, works published in 1924 joined them.
The public domain is an important part of the lifecycle of copyright. The U.S. Constitution set the stage for Congress to pass copyright law protection for creative works, granting creators exclusive rights, subject to certain exceptions and limitations, for the use of their works. But, that control is not infinite. Just as significant is the Constitution’s assertion that those exclusive rights should only exist for “limited times.”
Once in the public domain, anyone can use a work without permission from the author. This often means that works in the public domain inspire the creation of new works, adaptations, derivatives, and more—which further enriches the cultural landscape of the country.
On January 1, 2020, thousands of historical and cultural works from 1924 entered the public domain in the United States. These are just a few of the notable highlights."
"Last year, for the first time in twenty years, published creative works entered into the public domain in the United States. Works from 1923 saw their copyright terms end, meaning they were no longer subject to copyright protection. With the new year, works published in 1924 joined them.
The public domain is an important part of the lifecycle of copyright. The U.S. Constitution set the stage for Congress to pass copyright law protection for creative works, granting creators exclusive rights, subject to certain exceptions and limitations, for the use of their works. But, that control is not infinite. Just as significant is the Constitution’s assertion that those exclusive rights should only exist for “limited times.”
Once in the public domain, anyone can use a work without permission from the author. This often means that works in the public domain inspire the creation of new works, adaptations, derivatives, and more—which further enriches the cultural landscape of the country.
On January 1, 2020, thousands of historical and cultural works from 1924 entered the public domain in the United States. These are just a few of the notable highlights."
Empowering Young Entrepreneurs with Intellectual Property Education; The Michelson Institute for Intellectual Property via PR Newswire, February 20, 2020
The Michelson Institute for Intellectual Property via PR Newswire; Empowering Young Entrepreneurs with Intellectual Property Education
"The Michelson Institute for Intellectual Property (Michelson IP) is pleased to announce partnerships with two high school innovation programs, the Network For Teaching Entrepreneurship (NFTE) Los Angeles and TiE Oregon to support intellectual property (IP) education within their exceptional youth entrepreneurship programs. The collaborations, which mark Michelson IP's first foray into IP education for K-12 students, aim to empower young people to solve challenges with an entrepreneurial mindset and understand how to leverage IP to protect their budding new ventures. We're especially thrilled to work together in this effort as both TiE and NFTE serve and support students from under-resourced communities."
"The Michelson Institute for Intellectual Property (Michelson IP) is pleased to announce partnerships with two high school innovation programs, the Network For Teaching Entrepreneurship (NFTE) Los Angeles and TiE Oregon to support intellectual property (IP) education within their exceptional youth entrepreneurship programs. The collaborations, which mark Michelson IP's first foray into IP education for K-12 students, aim to empower young people to solve challenges with an entrepreneurial mindset and understand how to leverage IP to protect their budding new ventures. We're especially thrilled to work together in this effort as both TiE and NFTE serve and support students from under-resourced communities."
WIPO and U.S. Copyright Office Team Up to Talk Copyright in the Age of AI; IP Watchdog, February 17, 2020
Michelle Sara King, IP Watchdog; WIPO and U.S. Copyright Office Team Up to Talk Copyright in the Age of AI
"Earlier this month, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) held a joint event titled, “Copyright in the Age of Artificial Intelligence” (AI) at the Library of Congress in Washington, DC. The event explored how global copyright law and intellectual property law, as well as broader policy, may currently address AI technology, and included dialogue about changes that may be needed. Panelists also shared how AI is being utilized now and what future technology deployment and innovation may look like.
The event was part of a series of conversations organized by the U.S, Copyright Office and WIPO both in the United States and Europe, with the next conversation scheduled for May 11 and 12 in Geneva, Switzerland. The summit illustrated that AI presents unique opportunities for innovation, assuming intellectual property rights are respected, but questions remain in several areas, including whether machine learning is producing “original” work and whether the product of such software is inherently reproductive, derivative or the result of a system or process devoid of human action."
"Earlier this month, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) held a joint event titled, “Copyright in the Age of Artificial Intelligence” (AI) at the Library of Congress in Washington, DC. The event explored how global copyright law and intellectual property law, as well as broader policy, may currently address AI technology, and included dialogue about changes that may be needed. Panelists also shared how AI is being utilized now and what future technology deployment and innovation may look like.
The event was part of a series of conversations organized by the U.S, Copyright Office and WIPO both in the United States and Europe, with the next conversation scheduled for May 11 and 12 in Geneva, Switzerland. The summit illustrated that AI presents unique opportunities for innovation, assuming intellectual property rights are respected, but questions remain in several areas, including whether machine learning is producing “original” work and whether the product of such software is inherently reproductive, derivative or the result of a system or process devoid of human action."
Wednesday, February 19, 2020
Protecting Your Most Valuable Assets: How to Identify and Maintain Your Institution’s Trade Secrets; The National Law Review, January 23, 2020
Frank Amini, Ph.D., Robert Shaddox, The National Law Review; Protecting Your Most Valuable Assets: How to Identify and Maintain Your Institution’s Trade Secrets
"An institution’s trade secrets can be its most valuable and prolonged assets. However, institutions must take numerous steps in order to maintain the enforceability of their trade secrets. Such steps include: (1) identifying the trade secrets; and (2) taking “reasonable measures” to maintain the secrecy of the trade secrets."
"An institution’s trade secrets can be its most valuable and prolonged assets. However, institutions must take numerous steps in order to maintain the enforceability of their trade secrets. Such steps include: (1) identifying the trade secrets; and (2) taking “reasonable measures” to maintain the secrecy of the trade secrets."
Why AI systems should be recognized as inventors; TNW, February 17, 2020
Thomas Macaulay, TNW; Why AI systems should be recognized as inventors
"Existing intellectual property laws don’t allow AI systems to be recognized as inventors, which threatens the integrity of the patent system and the potential to develop life-changing innovations.
Current legislation only allows humans to be recognized as inventors, which could make AI-generated innovations unpatentable. This would deprive the owners of the AI of the legal protections they need for the inventions that their systems create.
The Artificial Inventor Project team has been testing the limitations of these rules by filing patent applications that designate a machine as the inventor— the first time that an AI’s role as an inventor had ever been disclosed in a patent application."
On National Inventors’ Day, Celebrating IBM’s Innovators; Forbes, February 11, 2020
Dario Gil, Director of IBM Research, Forbes; On National Inventors’ Day, Celebrating IBM’s Innovators
"It all boils down to the culture, and the diverse global network of human beings who drive it. As Chieko Asakawa, who lost her eyesight at age 14 and went on to pioneer technologies that open the wonders of the Internet to visually impaired users, puts it: “IBM has a culture that respects each person’s own perspective. It’s a culture of listening, discussion and thinking about ideas together.”
Asakawa was recently inducted into the National Inventors Hall of Fame for her work to create the Home Page Reader, a web-to-speech system, improving internet accessibility and usability for the visually impaired.
“When I started working for IBM,” she reflects, “my blindness became my strength.”
And her strength—along with the talent of all her inventive colleagues—is one of IBM’s greatest assets."
"It all boils down to the culture, and the diverse global network of human beings who drive it. As Chieko Asakawa, who lost her eyesight at age 14 and went on to pioneer technologies that open the wonders of the Internet to visually impaired users, puts it: “IBM has a culture that respects each person’s own perspective. It’s a culture of listening, discussion and thinking about ideas together.”
Asakawa was recently inducted into the National Inventors Hall of Fame for her work to create the Home Page Reader, a web-to-speech system, improving internet accessibility and usability for the visually impaired.
“When I started working for IBM,” she reflects, “my blindness became my strength.”
And her strength—along with the talent of all her inventive colleagues—is one of IBM’s greatest assets."
Online auction to sell Hemingway and Kerouac typewriters, Samuel Colt gun patents; Hartford Courant, February 17, 2020
Kathleen McWilliams, Hartford Courant; Online auction to sell Hemingway and Kerouac typewriters, Samuel Colt gun patents
"Three 1830s patent documents for Hartford native Samuel Colt’s revolving cylinder guns are another notable item that will be auctioned off. The patents are valued between $40,000 and $50,000.
Bids will start at $13,000 for the patents for Colt’s Paterson Revolver No. 5 The guns achieved legendary status in the American West because they did not require their users to reload them after one shot."
"Three 1830s patent documents for Hartford native Samuel Colt’s revolving cylinder guns are another notable item that will be auctioned off. The patents are valued between $40,000 and $50,000.
Bids will start at $13,000 for the patents for Colt’s Paterson Revolver No. 5 The guns achieved legendary status in the American West because they did not require their users to reload them after one shot."
CalTech wins $1.1 billion jury verdict in patent case against Apple, Broadcom; Reuters, January 29, 2020
"The California Institute of Technology said on Wednesday that it won a $1.1 billion jury verdict in a patent case against Apple (AAPL.O) and Broadcom (AVGO.O).
In a case filed in federal court in Los Angeles in 2016, the Pasadena, California-based research university alleged that Broadcom wi-fi chips used in hundreds of millions of Apple iPhones infringed patents relating to data transmission technology."
Oracle Files Response To Google and API Copyright - We Are All Doomed; i-Programmer, February 17, 2020
Mike James, i-Programmer; Oracle Files Response To Google and API Copyright - We Are All Doomed
"If I invent an API, of course I want it to be copyright. If I use an API then the last thing I want is for it to be copyright."
"If I invent an API, of course I want it to be copyright. If I use an API then the last thing I want is for it to be copyright."
Tuesday, February 18, 2020
Huge Job Fair at United States Patent & Trademark Office; Zebra, February 28-29, 2020
Mary Wadland, Zebra; Huge Job Fair at United States Patent & Trademark Office, February 28-29, 2020
USPTO is hiring hundreds of new examiners in 2020
"Are you ready to protect what’s next in American ingenuity? The United States Patent & Trademark Office (USPTO) is holding a job fair and hiring 100s of engineers to examine America’s patents in 2020!
The Alexandria job fair will take place at the Madison Building at the USPTO headquarters in Alexandria. Day one will take place in the Global IP Academy (GIPA) and day two in the Clara Barton Auditorium. The dates are on Friday, February 28th, and Saturday, February 29th.
Walk-ins are welcome. Register now!"
USPTO is hiring hundreds of new examiners in 2020
"Are you ready to protect what’s next in American ingenuity? The United States Patent & Trademark Office (USPTO) is holding a job fair and hiring 100s of engineers to examine America’s patents in 2020!
Hundreds of Open Positions
The Patent Examiner Recruitment Open House event in Alexandria, VA (DC
Metro Area) is designed to attract soon-to-be graduates and
professionals with backgrounds in biomedical, computer, electrical, and
mechanical engineering by offering actionable information about job
opportunities, salary, benefits, and how to apply to hundreds of open
positions currently available in Alexandria, Virginia; San Jose, California; and Detroit. Even more positions will be opening up in the agency’s Rocky Mountain regional office in Denver later in the year...Recruiters Will Be On Site
In addition to learning about the work of patent examination and hearing directly from those who love what they do, attendees will get a chance to speak one-on-one with recruiters who will review resumes and discuss qualifications.The Alexandria job fair will take place at the Madison Building at the USPTO headquarters in Alexandria. Day one will take place in the Global IP Academy (GIPA) and day two in the Clara Barton Auditorium. The dates are on Friday, February 28th, and Saturday, February 29th.
Walk-ins are welcome. Register now!"
Job Posting, Copyright Librarian in Circulation Department, Naval War College, Newport, Rhode Island
Job Posting, Copyright Librarian in Circulation Department, Naval War College, Newport, Rhode Island
"Don’t miss out on this opportunity to practice librarianship in
this highly desirable location: Newport,
Rhode Island. The U.S.
Naval War College (NWC) Library is hiring! The NWC Library invites
applications for a newly created position as Copyright Librarian in the
Circulation Department. Named in honor of Rear Admiral Henry Effingham Eccles,
the Library recently adopted a Learning Commons model with the completion of a
new, state-of-the-art, 86,000 square foot facility that brings together under
one roof the Library, Writing Center, Information Resources Department (IT),
Dean of Students, Café, and Bookstore.
The Copyright Librarian serves as a knowledgeable and service-oriented
licensing and copyright professional who leads the copyright program for the
NWC. This includes performing a variety
of functions and processes that relate to the implementation of copyright policy,
formulation of procedures, licensing negotiation, workflows, and obtaining
copyright permissions for all forms of published and unpublished materials
requested by all NWC faculty and staff.
This federal (GS)
position is open to all qualified U.S. citizens. See USAJOBS announcement for requirements. Salary is competitive and commensurate with
qualifications and experience; position includes a full federal benefits
package.
Applications will be made online at USAJobs. USAJobs postings are
typically open for only five days. To
find job openings at the Naval War College search on the keywords Naval War
College or Newport Rhode Island. Individuals interested in this
position can learn more about the application
process by visiting USAJobs and can
begin by creating their account and uploading their resume.
The Naval War College is an Equal Opportunity, Affirmative Action
Employer.
For additional information about the position please contact Lori
Brostuen, Library Deputy Director at 401-841-2642 or email loribrostuen@usnwc.edu."
Steal This Intellectual Property; Reason, March 2020 Issue
Dierdre McCloskey, Reason; Steal This Intellectual Property
What?!
A liberal (in the classical sense) wants people to steal? You bet.
Here's why. An idea, after it is produced, has no opportunity cost."
"I want you to steal what the lawyers self-interestedly call "intellectual property": Hoffman's book or my books or E=mc2 or
the Alzheimer's drug that the Food and Drug Administration is "testing"
in its usual bogus and unethical fashion. I want the Chinese to steal
"our" intellectual property, so that consumers worldwide get stuff
cheaply. I want everybody to steal every idea, book, chemical formula,
Stephen Foster lyric—all of it. Steal, steal, steal. You have my
official economic permission.
U.S.-China Feud Ensnares Obscure UN Intellectual Property Agency; Bloomberg, February 16, 2020
Nick Wadhams, Bloomberg; U.S.-China Feud Ensnares Obscure UN Intellectual Property Agency
"“The race for WIPO leadership has become the moment the U.S. woke up to the fact China is eating our lunch in the multilateral system and that great-power competition will be fought out in many theaters, including UN agencies,” said Daniel Runde, the director of the Project on Prosperity and Development at the Center for Strategic and International Studies. “WIPO may seem obscure, but it’s a standard-maker and holds hundreds of billions of our trade secrets in its digital vaults.”"
"“The race for WIPO leadership has become the moment the U.S. woke up to the fact China is eating our lunch in the multilateral system and that great-power competition will be fought out in many theaters, including UN agencies,” said Daniel Runde, the director of the Project on Prosperity and Development at the Center for Strategic and International Studies. “WIPO may seem obscure, but it’s a standard-maker and holds hundreds of billions of our trade secrets in its digital vaults.”"
Friday, February 14, 2020
Coronavirus: The global race to patent a remedy; The Mercury News, February 13, 2020
Lisa M. Krieger, The Mercury News; Coronavirus: The global race to patent a remedy
"As a lethal coronavirus triggers a humanitarian crisis in the world’s most populous nation, who owns the rights to a potential cure?
The Bay Area’s pharmaceutical powerhouse Gilead Sciences is first in line for a Chinese patent for its drug called Remdesivir, which shows promise against the broad family of coronaviruses.
But now a team of Chinese scientists say they’ve improved and targeted its use — and, in a startling move, have also filed for a patent...
“Each side wants to be the entity that came up with the treatment for coronavirus,” said Jacob Sherkow, professor of law at the Innovation Center for Law and Technology at New York Law School. “This is not a knockoff of a Louis Vuitton handbag,”...
Patent protection — and market exclusivity — is the lifeblood of drug companies such as Gilead, creating the incentive to find, test and market a medicine."
"As a lethal coronavirus triggers a humanitarian crisis in the world’s most populous nation, who owns the rights to a potential cure?
The Bay Area’s pharmaceutical powerhouse Gilead Sciences is first in line for a Chinese patent for its drug called Remdesivir, which shows promise against the broad family of coronaviruses.
But now a team of Chinese scientists say they’ve improved and targeted its use — and, in a startling move, have also filed for a patent...
“Each side wants to be the entity that came up with the treatment for coronavirus,” said Jacob Sherkow, professor of law at the Innovation Center for Law and Technology at New York Law School. “This is not a knockoff of a Louis Vuitton handbag,”...
Patent protection — and market exclusivity — is the lifeblood of drug companies such as Gilead, creating the incentive to find, test and market a medicine."
Thursday, February 13, 2020
Copyright could be the next way for Congress to take on Big Tech; The Verge, February 13, 2020
, The Verge; Copyright could be the next way for Congress to take on Big Tech
The 1998 DMCA attempted to outline how copyright should
work on the then-nascent internet, where you could almost freely and
infinitely copy a piece of media. But it’s been widely criticized by
people with very different stances on intellectual property."
"By the end of the year, Tillis — who chairs the Senate’s
intellectual property subcommittee — plans to draft changes to the DMCA.
He and co-chair Sen. Chris Coons (D-DE) kicked off the process this
week with an introductory hearing, speaking to eight legal experts and
former congressional staffers. The hearing helped set the stage to
re-fight some long-running battles over the balance between protecting
copyrighted content and keeping the internet open — but at a time where
internet companies are already facing a large-scale backlash.
WIPO Impact of Artificial Intelligence on IP Policy: Draft Issues Paper. (December 13, 2019). [Comments due by 2/14/20]
WIPO Impact of Artificial Intelligence on IP Policy: Draft Issues Paper. (December 13, 2019). [Comments due by 2/14/20]
WIPO and the US Copyright Office Examine Artificial Intelligence and, to Lesser Extent, Intellectual Property; Info Justice, February 11, 2020
Sean Flynn and Andres Izquierdo, Info Justice; WIPO and the US Copyright Office Examine Artificial Intelligence and, to Lesser Extent, Intellectual Property
"On February 5, 2020, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) co-sponsored a well-attended event on Copyright in the Age of Artificial Intelligence (AI). The full-day event took an in-depth look at the development and operation of artificial intelligence (“AI”). It paid substantially less attention to the full range of intellectual property issues raised by this new field.
The single-day event featured visual artists, audiovisual producers, music composers and executives, software developers, guilds of diverse artistic interests, people developing artificial intelligence, and (mostly perhaps) copyright lawyers."
"On February 5, 2020, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) co-sponsored a well-attended event on Copyright in the Age of Artificial Intelligence (AI). The full-day event took an in-depth look at the development and operation of artificial intelligence (“AI”). It paid substantially less attention to the full range of intellectual property issues raised by this new field.
The single-day event featured visual artists, audiovisual producers, music composers and executives, software developers, guilds of diverse artistic interests, people developing artificial intelligence, and (mostly perhaps) copyright lawyers."
Why Is the U.S. Surrendering the Global IP System to China?; National Review, February 12, 2020
Tom Gionvanetti, National Review; Why Is the U.S. Surrendering the Global IP System to China?
"What a coup it will be for China to gain control over the global IP system at the same time that the U.S. is pressuring China over IP theft — and what a monumental miscalculation by those President Trump has trusted to further one of his key foreign-policy goals. Talk about playing the long game vs. the short game.
The election for WIPO’s top spot is on March 7. Candidates for the directorship remain from Japan, Singapore, and Colombia, and all of these would be superior choices from the perspective of the U.S. and other nations that create the kinds of innovative products that are targets of Chinese espionage and theft. But only immediate attention from the White House can prevent WIPO from becoming dominated by China, which would pose risks to the entire global IP system, and thus to U.S. security and innovation."
"What a coup it will be for China to gain control over the global IP system at the same time that the U.S. is pressuring China over IP theft — and what a monumental miscalculation by those President Trump has trusted to further one of his key foreign-policy goals. Talk about playing the long game vs. the short game.
The election for WIPO’s top spot is on March 7. Candidates for the directorship remain from Japan, Singapore, and Colombia, and all of these would be superior choices from the perspective of the U.S. and other nations that create the kinds of innovative products that are targets of Chinese espionage and theft. But only immediate attention from the White House can prevent WIPO from becoming dominated by China, which would pose risks to the entire global IP system, and thus to U.S. security and innovation."
Tuesday, February 11, 2020
The Public Domain Is the Rule, Copyright Is the Exception; Electronic Frontier Foundation (EFF), January 23, 2020
Corynne McSherry, Electronic Frontier Foundation (EFF); The Public Domain Is the Rule, Copyright Is the Exception
"Most of our culture, knowledge, and history isn’t "owned" by anyone at all—it is available for all to use in the vibrant and ever-expanding public domain. This domain is populated by formerly copyrighted material and material that was never copyrightable in the first place."
"Most of our culture, knowledge, and history isn’t "owned" by anyone at all—it is available for all to use in the vibrant and ever-expanding public domain. This domain is populated by formerly copyrighted material and material that was never copyrightable in the first place."
The Murkiness Of The Public Domain; Mondaq, January 7, 2020
Brian G. Murphy, Mondaq; The Murkiness Of The Public Domain
"The Center for the Study of the Public Domain at Duke Law School has posted a list of some of the now public-domain works from 1924 - the year in which Grover Cleveland was president, J. Edgar Hoover became head of the FBI, and Truman Capote was born. (Caveat: I haven't myself verified this list.)...
For a different type of list, check out Slate's list of the worst books and films from 1924 (according to critics writing in 1924).
However, before you go crazy ripping and mixing songs, books, art and films from 1924, you should keep in mind the following..."
"The Center for the Study of the Public Domain at Duke Law School has posted a list of some of the now public-domain works from 1924 - the year in which Grover Cleveland was president, J. Edgar Hoover became head of the FBI, and Truman Capote was born. (Caveat: I haven't myself verified this list.)...
For a different type of list, check out Slate's list of the worst books and films from 1924 (according to critics writing in 1924).
However, before you go crazy ripping and mixing songs, books, art and films from 1924, you should keep in mind the following..."
Acting U.S. Copyright Register Maria Strong: All Eyes on Modernization; IP Watchdog, February 10, 2020
Michelle Sara King, IP Watchdog; Acting U.S. Copyright Register Maria Strong: All Eyes on Modernization
"With IP champions in Congress turning their attention away from patent reform and toward copyright this year, IPWatchdog took the opportunity to interview Acting U.S. Register of Copyrights Maria Strong shortly after she assumed her new role."
"With IP champions in Congress turning their attention away from patent reform and toward copyright this year, IPWatchdog took the opportunity to interview Acting U.S. Register of Copyrights Maria Strong shortly after she assumed her new role."
Film and music festival celebrates student creatives and public domain; The Daily Universe, February 6, 2020
Whitney Bigelow, The Daily Universe; Film and music festival celebrates student creatives and public domain
"Student filmmakers and musicians walked away from Wednesday night’s Public Domain Film and Music Festival with over $3000 in cash prizes.
The festival was put on by the BYU Copyright Licensing Office. Students had 48 hours to create a film based on one of ten pieces of literature from 1924 that entered the public domain at the start of this year. Entries in the music category were given audio recordings from that same year to incorporate into their compositions.
The winner of the evening’s prestigious Best Picture award and $1,000 was a group of students called RHEEL Productions, including Heather Moser, Avery Marshall, Laura Marshall and Emma Spears. Their entry was a dramatic short film entitled “What’ll I Do,” based on the 1924 novel “Some Do Not” by Ford Madox Ford."
"Student filmmakers and musicians walked away from Wednesday night’s Public Domain Film and Music Festival with over $3000 in cash prizes.
The festival was put on by the BYU Copyright Licensing Office. Students had 48 hours to create a film based on one of ten pieces of literature from 1924 that entered the public domain at the start of this year. Entries in the music category were given audio recordings from that same year to incorporate into their compositions.
The winner of the evening’s prestigious Best Picture award and $1,000 was a group of students called RHEEL Productions, including Heather Moser, Avery Marshall, Laura Marshall and Emma Spears. Their entry was a dramatic short film entitled “What’ll I Do,” based on the 1924 novel “Some Do Not” by Ford Madox Ford."
David Gooder appointed USPTO Commissioner for Trademarks; United States Patent and Trademark Office (USPTO), February 5, 2020
Press Release, United States Patent and Trademark Office (USPTO); David Gooder appointed USPTO Commissioner for Trademarks
"The United States Patent and Trademark Office (USPTO) announced today that U.S. Secretary of Commerce Wilbur Ross has appointed David Gooder to be the new Commissioner for Trademarks. As Commissioner, Gooder will be responsible for oversight of all aspects of the USPTO’s Trademarks organization.
Gooder has worked for more than 25 years on intellectual property (IP) and brand protection challenges facing iconic global brands. Gooder will begin his new role on March 2, 2020."
"The United States Patent and Trademark Office (USPTO) announced today that U.S. Secretary of Commerce Wilbur Ross has appointed David Gooder to be the new Commissioner for Trademarks. As Commissioner, Gooder will be responsible for oversight of all aspects of the USPTO’s Trademarks organization.
Gooder has worked for more than 25 years on intellectual property (IP) and brand protection challenges facing iconic global brands. Gooder will begin his new role on March 2, 2020."
Sunday, February 9, 2020
Five Royal Trademark Lessons from the Duke and Duchess of Sussex; IP Watchdog, February 8, 2020
William Honaker, IP Watchdog; Five Royal Trademark Lessons from the Duke and Duchess of Sussex
"This trademark filing provides the opportunity for many lessons to be learned.
"This trademark filing provides the opportunity for many lessons to be learned.
The lessons:
- You can keep an eye open (snoop) on your competition.
- You should do a search to clear your trademark.
- You should file before you announce your plans.
- You should file in countries where you intend to use the trademark.
- You should take advantage of your first filing date when filing in other countries."
How This CEO Is Streamlining The Copyright Process For Independent Artists; Forbes, January 27, 2020
Cheryl Robinson, Forbes; How This CEO Is Streamlining The Copyright Process For Independent Artists
"Jessica Sobhraj, cofounder and CEO of Cosynd, is on a mission to be the central hub that creators use to protect their work. The company designed a platform that automates copyright contracts and registrations for independent creators and businesses by working in conjunction with the U.S. Copyright Office. The company has simplified the process of documenting crucial ownership data and filing copyright registrations of all types of content – music, videos, imagery and literature."
"Jessica Sobhraj, cofounder and CEO of Cosynd, is on a mission to be the central hub that creators use to protect their work. The company designed a platform that automates copyright contracts and registrations for independent creators and businesses by working in conjunction with the U.S. Copyright Office. The company has simplified the process of documenting crucial ownership data and filing copyright registrations of all types of content – music, videos, imagery and literature."
Saturday, February 8, 2020
Montana seeks balancing act with wildlife location data, hunting ethics; Independent Record, February 6, 2020
Montana seeks balancing act with wildlife location data, hunting ethics
"While GPS collars are invaluable to researchers and wildlife managers, the data they produce are the subject of debate about who should have access to the information and why. Some hunters have requested and received the exact latitude and longitude of collared animals, and that has conservation groups and lawmakers concerned about violating the edict of fair chase hunting or the potential to monetize the data."
"While GPS collars are invaluable to researchers and wildlife managers, the data they produce are the subject of debate about who should have access to the information and why. Some hunters have requested and received the exact latitude and longitude of collared animals, and that has conservation groups and lawmakers concerned about violating the edict of fair chase hunting or the potential to monetize the data."
Putting China in charge of the world’s intellectual property is a bad idea; The Washington Post, Janaury 30, 2020
, The Washington Post; Putting China in charge of the world’s intellectual property is a bad idea
"Beijing
is lobbying hard to take over leadership of the international
organization that oversees intellectual property, which could result in
dire consequences for the future of technology and economic competition.
But the U.S.-led effort to prevent this from happening faces a steep
uphill climb.
A pub played ‘Conga’ — and now it must face the music with a copyright lawsuit; Miami Herald, February 6, 2020
Theo Karantsalis, Miami Herald; A pub played ‘Conga’ — and now it must face the music with a copyright lawsuit
"Though the lawsuit does not specify an amount in damages, Pub 52 could be on the hook for up to $150,000 per song, or up to $1,050,000 for seven songs. Penalties for copyright infringement can range from $750 per work infringed up to $150,000 in damages if it is found to be willful infringement, according to the U.S. copyright Law.
A public performance of music includes any music played outside a normal circle of friends and family, according to U.S. copyright law.
Every business or organization must receive permission from the copyright owners of the music they are playing before playing it publicly.
“When we find out that a business is performing music and operating without a music license, we see this as an opportunity to educate business owners on the music licensing process,” Thomas said.
The cost of a BMI music license can cost as
little as $378 per year of which 90 cents of every dollar collected from
licensing fees goes back to songwriters, composers, and publishers in
the form of music royalties, Thomas said."
"Though the lawsuit does not specify an amount in damages, Pub 52 could be on the hook for up to $150,000 per song, or up to $1,050,000 for seven songs. Penalties for copyright infringement can range from $750 per work infringed up to $150,000 in damages if it is found to be willful infringement, according to the U.S. copyright Law.
A public performance of music includes any music played outside a normal circle of friends and family, according to U.S. copyright law.
Every business or organization must receive permission from the copyright owners of the music they are playing before playing it publicly.
“When we find out that a business is performing music and operating without a music license, we see this as an opportunity to educate business owners on the music licensing process,” Thomas said.
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