How to Protect Your Intellectual Property; Entreprenur, March 2, 2018

Jessica Abo, Entrepreneur; How to Protect Your Intellectual Property

"If you’re just starting your business, it’s important to protect your assets. Jessica Abosat down with Scott Sisun of Sisun Law to help you understand what marks you need and how to protect them."

Entrepreneurialism and IP at Steel City Con; Kip Currier, August 13, 2017

Kip Currier
Entrepreneurialism and IP at Steel City Con 

Steel City Con (a Burgh-based pop culture convention in the vein of San Diego's famed Comic Con) has been running all weekend at the Monroeville Convention Center (13 miles from downtown Pittsburgh) and is finishing up today. I attended Saturday, August 12th (--the biggest "autograph" lines I saw were for Burt Reynolds! And it was cool to get up-close looks at three of the Brady Bunch kids, "Greg", "Bobby", and "Cindy"..."the youngest one in curls".--) and chatted with a number of very creative Western Pennsylvania entrepreneurs, showcasing and selling their self-made wares. In a variety of ways, they're using and working with (some would say infringing upon) Intellectual Property, and, in some cases, transforming Intellectual Property into new works.

Decals are a big seller at Conventions, like this X-Men decal:

Some examples of works that I observed being sold at the Con veer closer to (and step over?) the edge of infringement than others that can make stronger arguments for "transformativeness". Cristine Cordero's Heroes and Heels is a good example of the latter. Cristine told me that she uses actual comic book-clipped images to bring one-of-a-kind "custom created comic book shoes" to life...and her customers' feet.

Some have even been worn at superhero-themed weddings. ("I now pronounce you husband and..Deadpool?")

I asked each vendor with whom I spoke if they had had any requests to "cease and desist", or worse, from the companies that own the IP rights to, say, Star Wars, Harry Potter, the Suicide Squad, and the Avengers. Everyone shook their heads or said that they hadn't experienced anything like that. A few told me that any IP rights enforcement-type issues that they'd seen at conventions were relegated to films and videos, more associated with digital piracy. One seller told me he hadn't ever seen anyone roaming around the Cons enforcing IP rights. (As an IP instructor, I contrasted that with copyright enforcement examples I'm well aware of, involving licensing "sheriffs" on the lookout for copyright scofflaw musicians and cover bands. See here and here.)

I saw some really ingenious mashups of popular TV shows and characters. This T-Shirt combines the high mortality rate trope of the Red-Shirted security officers in the orginal Star Trek series (--if Star Trek were a chess game, the Red Shirts would be your pawns), with the series name of a popular zombie apocalypse TV show you may have heard of:

"Where do you come up with these ideas", I asked their maker?
"In the middle of the night they come to me. About 4 am", she chuckled.

Another seller with GoodsandEvil.com told me that Pittsburgh-born Greg Nicotero, the special effects guru extraordinaire on The Walking Dead, had just bought up a bunch of his clever zombie-themed shirts to take back to the crew. "Pretty cool to think that these shirts may be worn by people on the set", he understandably beamed. I told him I really liked the t-shirt below, a creative homage to the Western Pennsylvania-referenced places in 1968's (copyright-free!) Night of the Living Dead film and its cinematic zombie progeny, made by Pittsburgh's own George Romero, recently deceased. I snapped up one for myself, and one for my nephew, who's a big fan of The Walking Dead--before Greg Nicotero could circle back and clean them out (for We Are Negan? Rick's Gang? Shiva???).

My brother (the above-mentioned nephew's father) has been a big fan of Jack Nicholson's iconic "Here's Johnny" scene in Stephen King's The Shining, featured on another local entrepreneur's horror-themed ceramics. Perfect for that next office cocktail party (wasabi peas, anyone?):

Bringing it back to myself...I've always loved the scene in The Fellowship of the Ring where Ian McKellen-cum-Gandalf the Wizard stares down a fiery Balrog. With just his staff and a full-throated "You Shall "Not Pass". Now I can own Gandalf's "red line" on a yellow metal sign...and daydream about where I'd like to place it.

And for any of you Games of Thrones fans out there (or, if you're not a GOT devotee but are looking for a truly unique stocking stuffer for later this year)...how about custom-made Chain Mail for your canine BFF? Not that even Valyrian chain mail would do much good, should you be unlucky enough to find a Drogon-driving, "Dracarys"-dripping Daenerys Targaryen bearing down on you on some windswept plain. 

(House Lannister, House Stark, or House Targaryen?)

Cosplayers were, unsurprisingly, in abundance at Steel City Con too. Leias, Obi-Wans, Jokers, Harley Quinns...R2D2

And, yes, where you have cosplayers, you're gonna have that occasional dreaded cosplayer wardrobe malfunction. (Holy Suspenders, Batman...your utility belt's busted!)

Cue drumroll and Enter the enterprising folks from Any-Kind-A-Wear, who offered a Cosplay Repair Service:

A bit of duct tape...a well-placed safety pin and a dab-dab from a hot glue gun...maybe a spit and polish...and you're lookin' great and ready to save the world again.

...Or just hang out with your SuperFriends at your friendly neighborhood Con.

The great intellectual property trade-off; BBC, June 25, 2017

Tim Harford, BBC; The great intellectual property trade-off

"For most economists, scrapping intellectual property entirely is going too far. They point to important cases - such as new medicines - where the costs of invention are enormous and the costs of copying are trivial.

But those who defend intellectual property protections still tend to argue that - right now - those protections offer more than enough incentive to create new ideas.

Dickens himself eventually discovered a financial upside to weak copyright protection.

Twenty five years after his initial visit to the US, Dickens returned, keen to make some money.

He reckoned that so many people had read cheap knock-offs of his stories that he could cash in on his fame with a lecture tour. He was absolutely right: off the back of pirated copies of his work, Charles Dickens made a fortune as a public speaker, many millions of dollars in today's terms.

Perhaps the intellectual property was worth more when given away."

Intellectual Property 101: What Your Business Needs To Know About Copyright Law; Forbes, June 8, 2017

Art Neill, Forbes; Intellectual Property 101: What Your Business Needs To Know About Copyright Law

Co-authored with Teri Karobonik*

"Having an understanding of Intellectual Property law (IP) has become an essential skill for starting and growing a business. Many products,  technologies, and creative works you make are protected by one of the four types of Intellectual Property Law: copyright, trademark, patent, and trade secret.

Unlike “real property” law, which governs physical property and land (think “real estate”), intellectual property governs the use of creative and technical works as well as brands.

Whether you’re interested in reusing content from others, or trying to protect your own content and ideas, it’s critical that you understand which types of Intellectual Property might be in play. 

In the first part of this four part series, we’ll break down one of 4 main types of intellectual property, Copyright, and explain..."

Copy This: Vatican Stakes Out Rights to Pope Francis' Image; Associated Press via New York Times, February 26, 2017

Associated Press via New York Times; 

Copy This: Vatican Stakes Out Rights to Pope Francis' Image

""The pope's image rights are no different from those of any other famous celebrity and so it's not surprising that the Vatican is giving notice that it will protect its (intellectual property) rights as necessary," said Nick Kounoupias, the founder of an intellectual property consultancy in London. "What will be interesting to see, however, is how vigorously these rights are pursued, given who the IP owner is.""

Dark Skies for International Copyright: 2016 in Review; Electronic Frontier Foundation (EFF), 12/28/16

Jeremy Malcolm, Electronic Frontier Foundation (EFF);

Dark Skies for International Copyright: 2016 in Review:

"It's hard to imagine that a year ago we were celebrating "positive movement" towards reforms to European copyright law, expecting that the European Commission would be soon proposing new copyright exceptions and other measures to modernize Europe's aging copyright regime. Instead, what we got was a proposal to force user-generated content websites to do deals with copyright holders to scan and filter users' uploads, along with a proposal to give news publishers the power to impose a link tax on third-party websites such as news aggregators."

You've Gotta Love This Stranger Things / X-Men Mash-Up; Gizmodo, 8/29/16

Germain Lussier, Gizmodo; You've Gotta Love This Stranger Things / X-Men Mash-Up:

"With all the 1980s influences used in Stranger Things, there’s little doubt that the Duffer brothers thought of Eleven as a bit of a mutant. In another universe, maybe she was a member of the X-Men—which is why this mash-up by artist Lance Schibi is so fun.

It takes the cover of X-Men #134, the first appearance of Jean Grey at Dark Phoenix, and flips it to the upside down world of Stranger Things."

WATCH: X-MEN BATTLE THE AVENGERS IN EPIC SUPERCUT TRAILER; Comic Book Resources, 8/15/16

Marykate Jasper, Comic Book Resources; WATCH: X-MEN BATTLE THE AVENGERS IN EPIC SUPERCUT TRAILER:

[Some graphic language; NSFW]

"While comics readers got to see these teams fight in 2012's "Avengers Vs. X-Men" event and a number of other series, the cinematic universes have been kept separate due to Disney and Fox's competing rights. Thanks to this supercut, fans can experience a glimpse at the super-powered showdown they may never get to see on the big screen, featuring Storm taking on Iron Man, Wolverine challenging the Hulk, Jean Grey facing Scarlet Witch, and more!"

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."

Fur flies in this purrr-fect ‘Batcat v Supercat’ video; Comic Book Resources, 7/3/16

Kevin Melrose, Comic Book Resources; Fur flies in this purrr-fect ‘Batcat v Supercat’ video:

"This parody of “Batman v Superman: Dawn of Justice” — called “Batcat v Supercat,” of course — is the work of Kaipo JOnes, who also produced “Magneto Cat” and “X-Men Origins: Wolverine Cat.” You may detect a theme at play."

Difference between trademark, copyright and patent; YourStory, 6/24/16

Nikita Bhatia, YourStory.com; Difference between trademark, copyright and patent:

"Intellectual property is a vast and complex term. Many a time people are confused or have incorrectly used the terms in intellectual property law. They have spoken of “copyrighting” an idea or even “patenting” a book! To understand these terms, it is essential to know what is Intellectual Property and what all does it entail."

Citigroup Sues AT&T Over 'Thanks' Word: Copyright Infringement; Tech Times, 6/12/16

Horia Ungureanu, Tech Times; Citigroup Sues AT&T Over 'Thanks' Word: Copyright Infringement:

[Kip Currier: 2 mistakes in this Tech Times article: 1. In the headline. Copyright is neither relevant nor at issue in this case. 2. The Tech Times article's author says "Gizmodo showcases a picture of the patent, in case you need to see it to believe it.", but Patent is not relevant in this case either.

These are two striking examples of how different types of intellectual property are so often misunderstood and confused with one another. This story is an example of Trademark and Gizmodo gets the story right.]

"An unlikely lawsuit started as Citigroup filed a complaint against AT&T, which the credit card company says is infringing upon its trademark.

AT&T did not steal Citigroup's logo or slogan or anything of the sort, but it did have the audacity to use the word "thanks" in a campaign addressing customer-loyalty. The bank sued the telecom company, underlining the fact that it has secured a trademark for the word "thanks" some years ago.

This is not a late April Fool's Day joke, although we really wish it was.

According to the legal complaint that was filed in a Manhattan federal court, AT&T's campaign infringes a few of the trademarks of Citigroup. For example, the credit card enterprise owns both "Citi ThankYou" and "ThankYou." Gizmodo showcases a picture of the patent, in case you need to see it to believe it.

As a reminder, Citigroup has been making use of the "ThankYou" trademark since 2004, when it began a customer-loyalty program. The company says that over seven million of its clients have credit cards with the ThankYou slogan written in big letter across them."

The X-Men: Apocalypse Trailer Cut With Animated Footage Is Perfect; Gizmodo, 5/5/16

Germain Lussier, Gizmodo; The X-Men: Apocalypse Trailer Cut With Animated Footage Is Perfect:

"YouTube user Philysteak took the audio and shots from the latest trailer (which we broke down here) and edited it with very, very similar footage from the ’90s TV show...

The trailer is so good, in fact, it got tweeted out not only by Singer, but the film’s producer too.

X-Men: Apocalypse opens May 27, but reviews will start rolling in next week."

31st Annual Intellectual Property Law Conference; American Bar Association (ABA), Bethesda, Maryland, April 6-8, 2016

American Bar Association (ABA); 31st Annual Intellectual Property Law Conference:

"The 31st Annual Intellectual Property Law Conference from the American Bar Association Section of Intellectual Property Law is recognized as the world's premier IP conference.

These three packed days of learning enable you to earn a year's worth of CLE credit from expert sessions presented by the leaders in every area of the profession. We offer what you need to know along with multiple opportunities to mingle with those who should be part of your network."

4/7/16 Intellectual Property Workshop: Copyright Seminar; Carnegie Library of Pittsburgh

Intellectual Property Workshop: Copyright Seminar:

Thursday, April 7, 2016

5:30 PM - 8:00 PM

Have you ever wondered how to best protect your artistic or literary works or struggled to determine if you're able to use someone else's content? Learn the basics of copyright law and how to go about applying for copyright protection. A limited number of one-on-one appointments with an intellectual property attorney are available from 2:30-4:30 before the presentation; sign up early to secure a spot.

Presented by: US Patent and Trademark Office

Event fee: Free

Location: International Poetry Room - 2nd Floor Main Library

4400 Forbes Ave

Pittsburgh, PA 15213

Contact: Irene Yelovich

412-622-3133

yelovichi@carnegielibrary.org

Fair Use Week at Carnegie Mellon University Libraries: February 22-26, 2016

Fair Use Week at Carnegie Mellon University Libraries: February 22-26, 2016:

Thanks to Pitt SIS alumnus Andy Prisbylla with CMU Libraries for this information on CMU's Fair Use Week, February 22-26, 2016: "CMU will be having student demonstrations of work that incorporates Fair Use and a digital exhibit will be playing on the flat-screens here as well."

Without Copyright Infringement, Deadpool Doesn't Get Made; TechDirt.com, 2/16/16

Tim Cushing, TechDirt.com; Without Copyright Infringement, Deadpool Doesn't Get Made:

"Sure, leaking test footage isn't like leaking an entire film, but without that happening, nothing else does. The movie is never made and Fox doesn't have almost three times the budget grossed within the first four days of ticket sales. But because this leak happened, the studio is likely in control of a promising franchise, provided it can keep the lightning bottled and push forward without discarding everything that makes Deadpool Deadpool. And everyone involved can thank the unnamed person they won't rat out for shrugging off the insular "power" of copyright and mobilizing a fan base that is now making good on its promise to support the movie."

‘Happy Birthday to You’ Is Finally Out of Copyright; New York Magazine, 2/10/16

Samuel Lieberman, New York Magazine; ‘Happy Birthday to You’ Is Finally Out of Copyright:

"The rights to the song “Happy Birthday to You” have been the subject of 80 years of legal battles, but they're coming to an end on March 14. On that day, the seven-note tune will finally go into the public domain, as the music publisher Warner/Chappell — which has been charging moviemakers and TV networks many thousands of dollars whenever they film people singing around a cake — has agreed to pay a $14 million settlement in a class-action lawsuit brought by people who've paid to use the song."

When a Public Family Is Publicly Attacked; New York Times, 2/5/16

KJ Dell'Antonia, New York Times; When a Public Family Is Publicly Attacked:

"While Ms. Howerton and her supporters report Twitter accounts for abuse, she is also asking YouTube to take down the video commentary that makes use of her video and other family images. She has filed a privacy complaint, which YouTube rejected, and is waiting for it to respond to her new complaint, alleging copyright violation. Neil Richards, a law professor at Washington University and author of “Intellectual Privacy: Rethinking Civil Liberties in the Digital Age,” said he thinks Ms. Howerton’s belief that she can regain control of the footage may be overly optimistic.

“The use of home video and family images for political debate is something that has real consequences,” he said. “She has made her life choices, her experiences, her children’ experiences, a matter for public debate. When people do this they do expose themselves to criticism and attacks and some of them are quite unpleasant.”

Eric Goldman, a professor of law and director of the High Tech Law Institute at Santa Clara University School of Law, agreed that because Ms. Howerton herself used family video as part of a political discussion, she may have little legal recourse when that video is used as part of a larger video engaged in social commentary on the same topic. In many situations, videos or pictures posted online can become “fair game” for critics to use in online attacks against the poster’s position or for other undesirable political or social statements, Mr. Goldman said in an email."

Adele tells Donald Trump to stop pinching her songs for his campaign; Guardian, 2/1/16

Mark Tran and Amber Jamieson, Guardian; Adele tells Donald Trump to stop pinching her songs for his campaign:

"Was there anything artists could do to make sure someone with completely different political views to them stays away from their music?

“Not really,” said Gordon."