Fair game: Does the fair use doctrine apply to Andy Warhol’s pop art?; ABA Journal, January 9, 2020

Eldon L. Ham, ABA Journal; Fair game: Does the fair use doctrine apply to Andy Warhol’s pop art?

"The acclaimed “Andy Warhol—From A to B and Back Again” exhibit of more than 400 of Andy Warhol’s works has been making the rounds from New York to San Francisco to Chicago. Even casual observers have a sense of Warhol’s groundbreaking pop-art style. Yet there is one surprising legal question of fair use and transformative value that begs consideration: Just what is a “Warhol”?"

In Defense Of Fair Use; Intellectual Property Watch, June 4, 2018

Roy Kaufman, Managing Director, Business Development, Copyright Clearance Center (CCC), Intellectual Property Watch; In Defense Of Fair Use

"Copyright law, to be sustainable, calls for a balance. Under copyright law, creators receive exclusive rights to allow or prevent others from making copies of their works for a limited time as an incentive to create. Users receive benefits from the results of the creator’s labor, perhaps through watching, reading or listening to those results. Users may also benefit pursuant to a license to use the works in other ways. Eventually the works fall into the public domain, allowing further reuse by everyone

Recent litigation involving a graffiti artist and a purveyor of sportswear shows how sometimes a flexible mechanism for balancing the copyright entitlements of creators and users makes sense. In this case, clothier H&M used graffiti painted without authority in a public park as backdrop for an ad. The case, as reported in The New York Times, asks “Does a mural painted illegally in a public park in Williamsburg deserve the safeguards of federal copyright law?”"

IP-Transformative Entrepreneurs or IP Law Infringers and Scofflaws? Observations from Steel City Con 2018

IP-Transformative Entrepreneurs or IP Law Infringers and Scofflaws?

Observations from Steel City Con 2018

Kip Currier: Last weekend at Pittsburgh's Steel City Con 2018, I observed and spoke with a number of sellers/vendors. These vendors, as I see it, primarily fall into 2 different categories, in terms of what they're selling.

Category #1: Unaltered Goods.

Sellers of sold-as-is comic books, action figures, toys, games, autographed celebrity photos, etc. Items whose original form has not been materially altered (transformed) from the time they were created by the original publisher, manufacturer, or company. [Other than perhaps having been previously read (in the case of comic books) or played with (e.g. action figures, toys, and games)].

Examples:

Licensed Negan-carrying "Lucille" Bats from The Walking Dead
James "Kip" Currier (c) 2018

Lost in Space DIY plastic kit
James "Kip" Currier (c) 2018

Rainbow (or Arc-en-ciel, en francais) Batman action figures
(...Curious to know the idea/motivation behind this incarnation of The Caped Crusader!)
James "Kip" Currier (c) 2018

Seller with miscellaneous goods for sale...and 2 Jeannies
James "Kip" Currier (c) 2018

Category #2: Altered Goods (--not to be confused with recently-released Netflix Sci-Fi show Altered Carbon)

Sellers of goods that incorporate, build upon, mashup (combine), transform, and/or some would say appropriate aspects of existing Intellectual Property, such as well-known trademarked logos, designs, characters, devices, etc.

The ongoing issue for consideration-- depending on where you fall on the "fan culture", "transformativeness", "IP infringement" spectrum--is whether you think the folks in Category 2 are:

• Intellectual Property-Transformative Entrepreneurs?
• Intellectual Property Law Infringers and Scofflaws?
• Something else?

Last year I wrote about and included photos of some sellers, who I'd spoken with at Steel City Con 2017:

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.

At the 2017 Steel City Con, I spoke with a seller named Jim Radeshak, who was back this year. He runs Feisty Goblin Crafts and make "Handmade Comic Book Art Items" that he sell at Conventions and on Etsy. Radeshak's business card cheekily declares that he is "Cutting up comics to make yours more valuable!" He explained that he cuts out images from comic books and free Previews of comic books. Then affixes those images to ceramic coasters, via a process of lacquer application and "baking":

Coasters made by Jim Radeshak's Feisty Goblin Crafts
James "Kip" Currier (c) 2018

More Feisty Goblin Crafts' Coasters
James "Kip" Currier (c) 2018

I also spoke briefly with Michael Fulton. He bills himself as The Wandmaker and makes "Original Hand-crafted Wands" of all shapes and sizes. The spitting image of Eddie Redmayne's Newt Scamander (J.K. Rowling's literary and cinematic protagonist in 2016's fantasy film Fantastic Beasts and Where to Find Them), the wand-and-magic-suitcase-in-hands would-be wizard dashed from behind his wands-covered vending table to conjure up a photo:

Wandmaker, Michael Fulton, as J.K. Rowling's Newt Scamander
James "Kip" Currier (c) 2018

This clever T-shirt business, called Cleveland Sleeves, "mashes up" brands, such as Star Wars characters with famous sports teams. Like this one that amalgamates the Pittsburgh Pirates baseball team with a Star Wars Stormtrooper mask:

James "Kip" Currier (c) 2018

In this photo, the Cleveland Sleeves salesperson on the left sports a T-shirt that displays Pittsburgh in the recognizable block-y font from the first Superman franchise film series:

Cleveland Sleeves T-shirts and vendors
James "Kip" Currier (c) 2018

This T-shirt that mashes up the Pittsburgh Steelers football theme with a Stormtrooper will be loved by my university-attending nephew--who is a die-hard fan of both franchises:

James "Kip" Currier (c) 2018

In a post about Steel City Con last week, I included this creative Wrestling Art example:
An artist (or artists) has taken iconic comic book covers from, say, Marvel and DC Comics and substituted and/or added in wrestling celebrities for the original comic book characters...Mick Foley standing in for Spider-Man. Becky Lynch swapping out She-Hulk:

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

Some vendors also make bespoke costume apparel and gear. Like this guy, seen talking with a Star Wars fan about special ordering some accessories:

Star Wars-themed bespoke clothing and gear
James "Kip" Currier (c) 2018

Replica "props" from diverse genres (e.g. Spy; Sci-Fi; Fantasy; Horror) are also a visible presence:

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

Other examples of goods for sale:

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

Even clothing for babies and toddlers:

James "Kip" Currier (c) 2018

James "Kip" Currier (c) 2018

And, finally...for that impossible-to-buy-for-person in your life who already has everything...

What about a colorful custom-made crocheted Mermaid tail?

Perfect on a cold night for snuggling--with yourself...

Or for cosplaying Daryl Hannah's Splash mermaid Madison, indulging in a summer seaside swim; albeit a soggy one.

Perhaps Plato had it right that "necessity" really is the "mother of invention".

James "Kip" Currier (c) 2018

"My Lawyer Wasn't Sure Who To Sue"; Pearls Before Swine, August 16, 2017

Stephan Pastis, Pearls Before Swine, Go Comics; "My Lawyer Wasn't Sure Who To Sue"

Theft of intellectual property is a crime; St. Cloud Times, June 17, 2017

Karen Cyson, St. Cloud Times, sctimes.com; Theft of intellectual property is a crime

[Kip Currier: Wow...do we ever need more Intellectual Property education and awareness; lots of misconceptions and confusion out there. (Brief aside: See this story I posted a few days ago highlighting widespread confusion between copyrights and trademarks.)

This Op-Ed by Karen Cyson presents a wildly unbalanced understanding of the checks-and-balances codified within U.S. copyright law; regardless of whether one is or is not swayed by the facts of the alleged infringement. One of the biggest issues I have with this piece is that copyright law is often much more grey, more dependent on the specific facts of each particular case than Cyson makes it out to be:

No mention at all about whether the defense/doctrine of fair use might be applicable.

No acknowledgement of the increasing role of transformativeness within copyright law.

No insights into the downsides of copyright for the quilting community. No benchmarking comparisons made between the fashion industry (where there is no copyright protection for designs, at present, though various bills have been introduced over the past several years) and the quilting community.

And no distinctions between "attribution" and "infringement".

For an informative, more balanced look at the issues, read Tech Dirt's Glyn Moody (2012) post What Quilting's Legal Battles Can Teach Us About Copyright  ]

"We all know copying is wrong. If someone else wrote it, designed it, sang it, filmed it, drew it or photographed it, it's wrong to copy their work. It's illegal...

Theft of intellectual property — anyone's — is a crime. You can quote me. With attribution.

This is the opinion of Karen Cyson, a child-care provider in Stearns County and coordinator of Central MN Mensa. Her column is published the third Sunday of the month."

An overview of trade secrets; Lexology, 1/11/17

Liu, Shen & Associates, Lexology; An overview of trade secrets:

"An important form of intellectual property, trade secrets are increasingly attracting attention, particularly in regard to operational information such as customer lists and technical information in software. In China, trade secrets are mainly protected by the Law for Countering Unfair Competition and the Criminal Law."

Beckerman: RIAA's 'Vexatious' Charge Reeks with 'Falsehood and Fallacy', Wired.com, 11/07/08

Via Wired.com: Beckerman: RIAA's 'Vexatious' Charge Reeks with 'Falsehood and Fallacy'

http://blog.wired.com/27bstroke6/2008/11/beckerman-riaas.html

In Defense of Piracy - Wall Street Journal, 10/11/08

In Defense of Piracy:

"In early February 2007, Stephanie Lenz's 13-month-old son started dancing. Pushing a walker across her kitchen floor, Holden Lenz started moving to the distinctive beat of a song by Prince, "Let's Go Crazy." He had heard the song before. The beat had obviously stuck. So when Holden heard the song again, he did what any sensible 13-month-old would do -- he accepted Prince's invitation and went "crazy" to the beat. Holden's mom grabbed her camcorder and, for 29 seconds, captured the priceless image of Holden dancing, with the barely discernible Prince playing on a CD player somewhere in the background...

She uploaded the file to YouTube and sent her relatives and friends the link...

Sometime over the next four months, however, someone from Universal Music Group also watched Holden dance. Universal manages the copyrights of Prince. It fired off a letter to YouTube demanding that it remove the unauthorized "performance" of Prince's music. YouTube, to avoid liability itself, complied."

http://online.wsj.com/article/SB122367645363324303.html?mod=googlenews_wsj

Hari Puttar and the case of the film that sounded too familiar - Scotland on Sunday, 9/14/08

Hari Puttar and the case of the film that sounded too familiar:
"The release of Hari Puttar, a children's Bollywood film, has been postponed after Warner Bros complained its name was too similar to Harry Potter.
The Hollywood company filed a lawsuit against Bollywood film-makers Mirchi Movies because the name of the film was "confusing" and could infringe their copyright...
The lawsuit is the latest in a string of legal battles to protect the intellectual property rights of Scottish author JK Rowling's hugely successful creation."
http://scotlandonsunday.scotsman.com/entertainment/Hari-Puttar-and-the-case.4489918.jp

Research Shows Students View Music Piracy as Socially Acceptable - Idaho Examiner, 9/14/08

Research Shows Students View Music Piracy as Socially Acceptable:
"[University of Idaho researcher Darryl] Woolley said that piracy may not be perceived as an “immoral behavior” for students. They may not see it as unethical because they have no first-hand knowledge of prosecutions for piracy, and they may try to rationalize it because of financial situations. “They also view recording labels negatively and think that it does not hurt the recording artist,” he said."
http://www.idahoexaminer.com/reports/10057/research-shows-students-view-music-piracy-as-socially-acceptable

Opposition mounts to bill enabling US to prosecute suspected IP thieves - Beta News, 9/11/08

Opposition mounts to bill enabling US to prosecute suspected IP thieves:
"The Enforcement of Intellectual Property Rights Act of 2008 (PDF available here), S.3325, would create a new appointed federal office called the Intellectual Property Enforcement Coordinator (IPEC), who would report directly to the President. That person would chair what the bill describes as an "interagency advisory committee" on IP law enforcement, as well as serve as the principal coordinator of policy with regard to anti-counterfeiting and anti-piracy activities.
But opponents see this IPEC position as a potential loose cannon..."
http://www.betanews.com/article/Opposition_mounts_to_bill_enabling_US_to_prosecute_suspected_IP_thieves/1221148060

"Harry Potter" author Rowling Wins Copyright Infringement Suit; Insufficient Transformative Use by Plaintiff, Vander Ark - New York Times, 9/8/08

‘Potter’ Author Wins Copyright Ruling: "Judge Robert P. Patterson of Federal District Court said Ms. Rowling had proved that Steven Vander Ark’s “Harry Potter Lexicon” would cause her irreparable harm as a writer. He permanently blocked publication of the reference guide and awarded Ms. Rowling and her publisher $6,750 in statutory damages...He added that he ruled in Ms. Rowling’s favor because the “Lexicon appropriates too much of Rowling’s creative work for its purposes as a reference guide.”

http://www.nytimes.com/2008/09/09/business/media/09potterweb.html?partner=rssnyt&emc=rss

Free Music Downloads Without the Legal Peril - New York Times, 9/3/08

Free Music Downloads Without the Legal Peril : "It’s simple to get free music from online services like LimeWire, but it could also bring an unfriendly letter from a lawyer.

Dave Dederer feels your pain. As a songwriter and former guitarist for the Presidents of the United States of America, the owner of a record label and an Internet music entrepreneur, he is especially suited to assess the rights of artists, fans and distributors. After a close study of the laws that regulate his business, one thing is clear, he says: “It’s a swirling cesspool.”" http://www.nytimes.com/2008/09/04/technology/personaltech/04basics.html?ex=1378267200&en=5941bed8165f9d07&ei=5124&partner=permalink&exprod=permalink