Can You Copyright Your Dumb Joke? And How Can You Prove It's Yours?; NPR, May 17. 2017

Laurel Wamsley, NPR; 

Can You Copyright Your Dumb Joke? And How Can You Prove It's Yours?

"In 2008, law professors Dotan Oliar and Christopher Sprigman published a paper that explored the norms comics had established to protect their intellectual property: their jokes...

Can you really copyright a dumb joke?

"The question really focuses on originality, and there is no freestanding barrier to copyright extending to a joke on any topic ... so long as that joke meets the fairly minimal requirements for originality," says Perzanowski. "That means it has to demonstrate some low level of creativity and importantly that it not be copied from some other source."

"Copyright will give you protection for this specific arrangement of words," he says, but not for a whole subject matter.

When it comes to topical comedy, he says, the question is whether one can separate an idea (which can't be copyrighted) from its expression (which can).

Judge Sammartino agrees. "[T]here is little doubt that the jokes at issue merit copyright protection," she writes, citing the relevant case law, "noting originality requires only independent creation of a work that 'possess[es] some creative spark, "no matter how crude, humble or obvious" it might be.'"

However, she adds, the jokes here "are similarly constrained by their subject matter and the conventions of the two-line, setup-and-delivery paradigm."

The result is that for O'Brien's jokes to infringe on Kaseberg's copyright, they must be "virtually identical," one step below verbatim."

CBS, Paramount Settle Lawsuit Over 'Star Trek' Fan Film; Hollywood Reporter, 1/20/17

Eriq Gardner, Hollywood Reporter; CBS, Paramount Settle Lawsuit Over 'Star Trek' Fan Film

"Stand down from battle stations. Star Trek rights holders CBS and Paramount have seen the logic of settling a copyright suit against Alec Peters, who solicited money on crowdfunding sites and hired professionals to make a YouTube short and a script of a planned feature film focused on a fictional event — a Starfleet captain's victory in a war with the Klingon Empire — referenced in the original 1960s Gene Roddenberry television series. Thanks to the settlement, CBS and Paramount won't be going to trial on Stardate 47634.44, known to most as Jan. 31, 2017."

Copyright in Klingon; Washington Post, 1/9/17

David Post, Washington Post; Copyright in Klingon:

"The court went awry, I believe, in holding additionally that the defendants “are not entitled to the fair use defense,” a holding that illustrates much that is wrong with copyright law these days.

To begin with, the fair use defense, involving a complicated balancing of defendant’s motives and purposes, the effect of the defendant’s use on the market for the original work and any number of other relevant factors, is hardly ever appropriate for disposition on summary judgment; there’s too much fact-finding required.

But more to the point, “Axanar” uses copyrighted material for a transformative purpose — creating a new and original work of art. It is not a substitute, in the market, for the original; if anything, it enhances the value of the original. This is precisely what our copyright law, through the fair use exception, should be encouraging — the production of new and original works of art that build on prior works to create something new and valuable."

Axanar isn’t fair use, judge finds, setting stage for Star Trek copyright trial; Ars Technica, 1/5/17

Cyrus Farivar, Ars Technica; 

Axanar isn’t fair use, judge finds, setting stage for Star Trek copyright trial

"In additional court filings submitted on Wednesday, CBS, Paramount, and Axanar Productions all put forward their list of witnesses. CBS said it would put John Van Citters, an executive who has worked with Paramount and CBS on Star Trek for nearly 20 years, on the stand.

Van Citters, according to the plaintiffs’ attorneys, "knows the canon of Star Trek intimately as well as the history and personnel involved in the production of Star Trek in order to be able to efficiently assess whether or not material CBS is presenting to the public is accurate and fits with existing canon."

Axanar Productions, for its part, will counter with Christian Tregillis, a financial consultant who will "rebut Plaintiffs’ theory of lost profits that they claim resulted from Defendants’ alleged infringement, i.e., that funds donated to making of Defendants’ works have resulted in lost revenue or profits to Plaintiffs," according to its own filing.

The film company will also offer up Henry Jenkins, a professor of media studies at the University of Southern California, who is an expert on Star Trek’s historical relationship between its creators and its fans."

Stephen Colbert Officially Retired “Stephen Colbert” Because Corporate Lawyers Made Him; Slate, 7/28/16

Aisha Harris, Slate; Stephen Colbert Officially Retired “Stephen Colbert” Because Corporate Lawyers Made Him:

"The world rejoiced recently when Stephen Colbert, host of the Late Show, brought back “Stephen Colbert,” beloved host of The Colbert Report, to cover the Republican National Convention alongside Jon Stewart.* Viacom, parent company of Colbert’s old stomping grounds Comedy Central, on the other hand, did not. Instead, as the host put it on Wednesday evening, Viacom’s corporate lawyers contacted CBS’ corporate lawyers to claim “Colbert” as their intellectual property. “[It’s] surprising,” he said, “because I never considered that guy much of an intellectual.”"

To Boldly Go Where No Fan Production Has Gone Before; Slate, 7/13/16

Marissa Martinelli, Slate; To Boldly Go Where No Fan Production Has Gone Before:

"The issues at the heart of the Axanar case are complex—in addition to copyright infringement, CBS and Paramount are accusing the Axanar team of profiting from the production by paying themselves salaries, among other things. Abrams, who directed 2009’s Star Trek and 2013’s Star Trek Into Darkness, promised during a fan event back in May that the lawsuit would be going away at the behest of Justin Lin, the Beyond director who has sided, surprisingly, with Axanar over Paramount. But despite Abrams’ promise, the lawsuit rages on, and in the meantime, other Trekkie filmmakers have had to adapt. Federation Rising, the planned sequel to Horizon, pulled the plug before fundraising had even started, and Star Trek: Renegades, the follow-up to Of Gods and Men that raised more than $132,000 on Indiegogo, has dropped all elements of Star Trek from the production and is now just called Renegades. (Amusingly, this transition seems to have involved only slight tweaks, with the Federation becoming the Confederation, Russ’ character Tuvok becoming Kovok, and so on.) Other projects are stuck in limbo, waiting to hear from CBS whether they can boldly go forth with production—or whether this really does spell the end of the golden age of Star Trek fan films.

Axanar may very well have crossed a line, and CBS and Paramount are, of course, entitled to protect their properties. But in the process, they have suffocated, intentionally or otherwise, a robust and long-standing fan-fiction tradition, one that has produced remarkable labors of love like Star Trek Continues, which meticulously recreated the look and feel of the 1960s show, and an hourlong stop-motion film made by a German fan in tribute to Enterprise—a project almost eight years in the making. It’s a tradition that gave us web series like Star Trek: Hidden Frontier, which was exploring same-sex relationships in Star Trek well before the canon was ready to give us a mainstream, openly gay character."

‘Star Trek: Axanar’ Producers Fire Back at ‘Draconian’ Fan Film Guidelines; Comic Book Resources, 6/24/16

Kevin Melrose, Comic Book Resources; ‘Star Trek: Axanar’ Producers Fire Back at ‘Draconian’ Fan Film Guidelines:

"The producers of “Star Trek: Axanar” have responded to new fan film guidelines established by Paramount Pictures and CBS, calling them “Draconian” and stifling to fandom.

“We have been asking for guidelines for years,” producers said in a tweet. “CBS decided to make those guidelines Draconian.”"

Star Trek Fan Film Guidelines Announced; StarTrek.com, 6/23/16

CBS & Paramount, StarTrek.com; Star Trek Fan Film Guidelines Announced:

"Dear Star Trek fans,

Star Trek fandom is like no other.

Your support, enthusiasm and passion are the reasons that Star Trek has flourished for five decades and will continue long into the future. You are the reason the original Star Trek series was rescued and renewed in 1968, and the reason it has endured as an iconic and multi-generational phenomenon that has spawned seven television series and 13 movies.

Throughout the years, many of you have expressed your love for the franchise through creative endeavors such as fan films. So today, we want to show our appreciation by bringing fan films back to their roots.

The heart of these fan films has always been about expressing one’s love and passion for Star Trek. They have been about fan creativity and sharing unique stories with other fans to show admiration for the TV shows and movies. These films are a labor of love for any fan with desire, imagination and a camera.

We want to support this innovation and encourage celebrations of this beloved cultural phenomenon. It is with this perspective in mind that we are introducing a set of guidelines at Star Trek Fan Films.

Thank you for your ongoing and steadfast enthusiasm and support, which ensure that Star Trek will continue to inspire generations to come.

CBS and Paramount Pictures"

Paramount Says 'Star Trek' Fan Film Lawsuit Lives On; Hollywood Reporter, 6/16/16

Eriq Gardner, Hollywood Reporter; Paramount Says 'Star Trek' Fan Film Lawsuit Lives On:

"The two studios filed a copyright infringement lawsuit at the very end of 2015, and over objections that the Star Trek rights-owners couldn't really copyright elements like the Klingon language or the pointy Vulcan ears, a judge rejected a motion to dismiss. The legal dispute over a project hyped as a would-be studio-quality film that's set before Captain James. T. Kirk's voyage on the U.S.S. Enterprise has commanded attention in large part because the studios have either tolerated or encouraged fan-made works through the years.

In mid-May, during a promotional event for Star Trek Beyond, Abrams raised the hopes of many by hinting the lawsuit would be over soon...

So far, that hasn't turned out to be the case."

Judge: Star Trek fanfic creators must face CBS, Paramount copyright lawsuit; Ars Technica, 5/10/16

Megan Geuss, Ars Technica; Judge: Star Trek fanfic creators must face CBS, Paramount copyright lawsuit:

"On Monday, a Los Angeles-based US District Court judge ruled that Axanar Productions, a crowd-funded Star Trek fanfiction production company, would have to face a copyright infringement lawsuit (PDF) from CBS and Paramount, which own the rights to the Star Trek TV and film franchise...

"Although the Court declines to address whether Plaintiffs’ Claims will prosper at this time,” the judge wrote, "the Court does find Plaintiffs’ claims will live long enough to survive Defendants’ Motion to Dismiss.”

In another blog post, Peters wrote that Axanar Productions is trying to settle with CBS and Paramount "so we can move forward with telling the story of AXANAR in a way that satisfies both the studios and the over ten thousand fans who financially supported our project.”"

Behold, a legal brief written in Klingon; Washington Post, 4/29/16

Brian Fung, Washington Post; Behold, a legal brief written in Klingon:

"A group of linguists is boldly going where no one has gone before.

In a legal brief peppered with idioms written in the original Klingon, the Language Creation Society — a California nonprofit devoted to supporting "constructed languages" — is trying to convince a court that the alien language from "Star Trek" is a real, "living" form of communication.

The made-up language is at the heart of a big copyright case involving CBS and Paramount, which own the rights to the "Star Trek" franchise, and a group of filmmakers who are trying to produce their own, original "Star Trek" film. If the studios win the fight, it would deal a major blow to the crowdfunded movie and to subsequent fan creations."

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."

Why It's Difficult To Find Full Video Of King's Historic Speech; NPR, 8/23/13

Eyder Peralta, NPR; Why It's Difficult To Find Full Video Of King's Historic Speech: "As thousands gather in Washington over the next week to the mark the , you may be moved to look for video of Martin Luther King Jr.'s "I Have a Dream Speech," which he delivered in front of the Lincoln Memorial during that march. It might surprise you that it is actually quite hard to find — because while many copies have been uploaded to Internet video sites, many have also been taken down. Why, you ask? It's all about copyright."

CBS prevails in 'The Glass House' legal dispute; Los Angeles Times, 8/19/13

Meg James, Los Angeles Times; CBS prevails in 'The Glass House' legal dispute: "CBS Corp. wants to send the message that it won't tolerate copycats. On Monday, the No. 1-ranked television network said that it had reached a settlement in the 15-month legal dispute over whether ABC's "The Glass House," a short-lived reality show that closely mirrored CBS' successful "Big Brother" show, constituted a violation of CBS' copyright and trade secrets."

CBS Sues ABC Over 'Big Brother'-Type Reality Show 'Glass House'; Hollywood Reporter, 5/10/12

Matthew Belloni, Hollywood Reporter; CBS Sues ABC Over 'Big Brother'-Type Reality Show 'Glass House' :

"CBS has followed through on its threat last week to bring a legal action against ABC over the planned reality show Life in a Glass House. CBS believes the show is a "carbon copy" ripoff of its Big Brother and is being produced by a team that formerly worked on the long-running hit series.

A source tells The Hollywood Reporter that the lawsuit was filed Thursday in U.S. District Court in Los Angeles. In the complaint, a copy of which was obtained by THR, CBS alleges causes of action for copyright infringement, trade secret misappropriation, unfair competition, breach of contract and breach of fiduciary duty, among others."

Is The Contract Cast Members Sign To Be On Survivor Covered By Copyright? CBS Thinks So...; TechDirt.com, 9/3/10

Mike Masnick, TechDirt.com; Is The Contract Cast Members Sign To Be On Survivor Covered By Copyright? CBS Thinks So...:

"Eric Goldman points us to the news that CBS sent a DMCA takedown to Scribd after the reality TV site RealityBlurred.com uploaded a copy of the contract castmembers sign before being able to go on the show Survivor, as well as a copy of the "rulebook" they receive. CBS apparently claimed that both of these were covered by copyright. Thankfully, RealityBlurred filed a counternotice, claiming fair use due to its use for reporting and commentary -- leading to a scary two week period where CBS would have to sue if it wanted to keep the document offline. However, the two weeks passed and CBS did not respond to notification from Scribd, meaning that the Survivor Contract and the Survivor Rulebook are back online."

http://www.techdirt.com/articles/20100901/15345210865.shtml

60 Minutes Puts Forth Laughable, Factually Incorrect MPAA Propaganda On Movie Piracy; TechDirt, 11/2/09

Mike Masnick, TechDirt; 60 Minutes Puts Forth Laughable, Factually Incorrect MPAA Propaganda On Movie Piracy:

"31 years ago, in 1978, the television program 60 Minutes put on an episode about the awful threat of "video piracy" to the movie industry. Featuring the MPAA's Jack Valenti, the episode focused on how the VCR was going to destroy the movie business because anyone could copy and watch a movie in the privacy of their own home. Of course, in retrospect, that episode is hilariously wrong. You would think that, given how wrong they got it thirty years ago on this particular subject, 60 Minutes would be a bit more careful taking on the same subject again.

No such luck.

CBS's 60 Minutes has made itself out to be more of a laughingstock than usual when it comes to "investigative reporting," putting on an episode about "video piracy" that is basically 100% MPAA propaganda, without any fact checking or any attempt to challenge the (all MPAA connected) speakers, or to include anyone (anyone!) who would present a counterpoint. The episode is funny in that it contradicts itself at times (with no one noticing it) and gets important (and easily checked) facts wrong. And, of course, it basically mimics that old episode that history has shown to have been totally (laughably) false."

http://www.techdirt.com/articles/20091101/1818186751.shtml