Nick Bilton, New York Times; Can Your Camera Phone Turn You Into a Pirate? :
"Charles Nesson, the Weld professor of law at Harvard Law School and founder of the Berkman Center for Internet and Society there, also said that the act of “documenting” a book, as he called it, bears many similarities to pirating music. It could lead to a new wave of legal cases brought by bookstores or publishers, he said, much like the litigation brought by music companies against sites like Napster and LimeWire and their users."
Saturday, January 29, 2011
Playing catch-up in a digital library race; New York Times, 1/9/11
Natasha Singer, New York Times; Playing catch-up in a digital library race:
"Lending libraries may have been the newfangled democratizing factor of their day. Centuries later, though, the United States finds itself trailing Europe and Japan in creating the modern equivalent: a national digital library that would serve as an electronic repository for the nation’s cultural heritage.
In other words, there’s a real digital library divide."
"Lending libraries may have been the newfangled democratizing factor of their day. Centuries later, though, the United States finds itself trailing Europe and Japan in creating the modern equivalent: a national digital library that would serve as an electronic repository for the nation’s cultural heritage.
In other words, there’s a real digital library divide."
Obama Image Copyright Case Is Settled; New York Times, 1/12/11
David W. Dunlap, New York Times; Obama Image Copyright Case Is Settled:
"The Associated Press and the artist Shepard Fairey have settled their copyright battle over the unlicensed use by Mr. Fairey of an A.P. photograph of Barack Obama in the memorable 2008 “Hope” poster. The A.P. announced the settlement on Wednesday.
Under the agreement, The A.P. and Mr. Fairey are to share the rights to make posters and merchandise bearing the “Hope” image, which was based on a photo taken by Mannie Garcia in 2006, and collaborate on a project in which Mr. Fairey will create a series of images based on A.P. photographs. There was also an undisclosed financial settlement.
Perhaps most significantly, the two sides agreed to disagree on whether copyright law was infringed."
"The Associated Press and the artist Shepard Fairey have settled their copyright battle over the unlicensed use by Mr. Fairey of an A.P. photograph of Barack Obama in the memorable 2008 “Hope” poster. The A.P. announced the settlement on Wednesday.
Under the agreement, The A.P. and Mr. Fairey are to share the rights to make posters and merchandise bearing the “Hope” image, which was based on a photo taken by Mannie Garcia in 2006, and collaborate on a project in which Mr. Fairey will create a series of images based on A.P. photographs. There was also an undisclosed financial settlement.
Perhaps most significantly, the two sides agreed to disagree on whether copyright law was infringed."
[Podcast] Digital Music Sampling: Creativity Or Criminality?; Talk of the Nation, 1/28/11
[Podcast] Talk of the Nation; Digital Music Sampling: Creativity Or Criminality? :
"The advent of the sampler in the '80s brought a long tradition of musical borrowing into the digital age. Today, "sampling," or repurposing a snippet of another artist's music, is mainstream. Is sampling theft, or is copyright law making creativity a crime?"
"The advent of the sampler in the '80s brought a long tradition of musical borrowing into the digital age. Today, "sampling," or repurposing a snippet of another artist's music, is mainstream. Is sampling theft, or is copyright law making creativity a crime?"
Fair use for poets, demystified; BoingBoing.net, 1/29/11
Cory Doctorw, BoingBoing.net; Fair use for poets, demystified:
"Pat [Aufderheide] from American University's Center for Social Media sez, "We're excited to announce the launch of a Code of Best Practices in Fair Use for Poetry, cofacilitated by WCL-AU's Peter Jaszi, UCB's Jennifer Urban, Kate Coles from the Poetry Foundation, and Center for Social Media's Pat Aufderheide. The hashtag is #fairusepoetry"
"Pat [Aufderheide] from American University's Center for Social Media sez, "We're excited to announce the launch of a Code of Best Practices in Fair Use for Poetry, cofacilitated by WCL-AU's Peter Jaszi, UCB's Jennifer Urban, Kate Coles from the Poetry Foundation, and Center for Social Media's Pat Aufderheide. The hashtag is #fairusepoetry"
Monday, January 24, 2011
Music Industry Braces for the Unthinkable; New York Times, 1/24/11
Eric Pfanner, New York Times; Music Industry Braces for the Unthinkable:
""We are at one of the most worrying stages yet for the industry,” he continued. “As things stand now, digital music has failed.”
Music executives disagree, saying there is hope, as long as they can come to grips with piracy, which according to the industry federation accounts for the vast majority of music distributed online.
Stronger measures to crack down on unauthorized copying are taking effect in a number of countries, executives note, and even as the authorities wield a heavier stick, the complementary carrots are appearing, too, in the form of innovative digital services."
""We are at one of the most worrying stages yet for the industry,” he continued. “As things stand now, digital music has failed.”
Music executives disagree, saying there is hope, as long as they can come to grips with piracy, which according to the industry federation accounts for the vast majority of music distributed online.
Stronger measures to crack down on unauthorized copying are taking effect in a number of countries, executives note, and even as the authorities wield a heavier stick, the complementary carrots are appearing, too, in the form of innovative digital services."
Saturday, January 22, 2011
Why Some Elite Colleges Give Away Courses Online; Chronicle of Higher Education, 1/19/11
Mark Parry, Chronicle of Higher Education; Why Some Elite Colleges Give Away Courses Online:
"Q. Some of these projects are very popular, but is there evidence of their learning effectiveness?
A. That's part of what makes the OLI [Open Learning Initiative, based at Carnegie Mellon University] so unique, is that built into the environment itself, that accomplishes the teaching, is the mechanism for assessment. ... They have given a control group and a variable group the same final, and found that the students using OLI aren't hurt in the slightest by not having had the same level of in-person instruction—that the system did just as well, if not better, at teaching them this material. ... Beyond those two studies, there really hasn't been a systematic appraisal of learning outcomes based on openly available material writ large. No one disputes that these open-courseware initiatives have done much good. But it's impossible, with the currently available data, to determine how much good."
"Q. Some of these projects are very popular, but is there evidence of their learning effectiveness?
A. That's part of what makes the OLI [Open Learning Initiative, based at Carnegie Mellon University] so unique, is that built into the environment itself, that accomplishes the teaching, is the mechanism for assessment. ... They have given a control group and a variable group the same final, and found that the students using OLI aren't hurt in the slightest by not having had the same level of in-person instruction—that the system did just as well, if not better, at teaching them this material. ... Beyond those two studies, there really hasn't been a systematic appraisal of learning outcomes based on openly available material writ large. No one disputes that these open-courseware initiatives have done much good. But it's impossible, with the currently available data, to determine how much good."
Friday, January 21, 2011
In Twist, Jeff Koons Claims Rights to ‘Balloon Dogs; New York Times, 1/20/11
Kate Taylor, New York Times; In Twist, Jeff Koons Claims Rights to ‘Balloon Dogs'" :
"The artist Jeff Koons has developed a distinctive style, and made a lot of money, by appropriating pop-culture imagery and mass-produced objects, from inflatable toys to vacuum cleaners and kitschy greeting cards. Over his three-decade career that approach, while helping to make him famous, has also brought accusations of exploiting other people’s copyrighted images. He has been sued for copyright violation four times, losing three of the cases...
Andy Warhol, for example, often used other people’s photographs as sources for his paintings, prompting complaints from several photographers; the disputes were settled out of court. But today the Andy Warhol Foundation for the Visual Arts vigorously protects its copyrights when it comes to commercial merchandise.
If “you decide to create a calendar with a bunch of well-known Andy Warhol images,” Mr. Landes said, “you’re going to be sued for sure.”"
"The artist Jeff Koons has developed a distinctive style, and made a lot of money, by appropriating pop-culture imagery and mass-produced objects, from inflatable toys to vacuum cleaners and kitschy greeting cards. Over his three-decade career that approach, while helping to make him famous, has also brought accusations of exploiting other people’s copyrighted images. He has been sued for copyright violation four times, losing three of the cases...
Andy Warhol, for example, often used other people’s photographs as sources for his paintings, prompting complaints from several photographers; the disputes were settled out of court. But today the Andy Warhol Foundation for the Visual Arts vigorously protects its copyrights when it comes to commercial merchandise.
If “you decide to create a calendar with a bunch of well-known Andy Warhol images,” Mr. Landes said, “you’re going to be sued for sure.”"
Wednesday, January 19, 2011
Mattel Lawyer Accuses MGA Of Luring Bratz Designer; NPR/AP, 1/18/11
NPR/AP; Mattel Lawyer Accuses MGA Of Luring Bratz Designer:
"Toy rivals Mattel Inc. and MGA Entertainment Inc. on Tuesday began the second round of their lengthy legal battle over the rights to the wildly popular Bratz line, with two markedly different versions of the development of the multibillion-dollar brand.
In his opening statement at the copyright infringement case, Mattel attorney John Quinn said MGA conspired with Bratz designer Carter Bryant to steal the idea for Bratz while Bryant still worked for Mattel."
"Toy rivals Mattel Inc. and MGA Entertainment Inc. on Tuesday began the second round of their lengthy legal battle over the rights to the wildly popular Bratz line, with two markedly different versions of the development of the multibillion-dollar brand.
In his opening statement at the copyright infringement case, Mattel attorney John Quinn said MGA conspired with Bratz designer Carter Bryant to steal the idea for Bratz while Bryant still worked for Mattel."
Sunday, January 16, 2011
Fair Usage In Caribbean Intellectual Property; Intellectual Property Watch, 1/16/11
Abiola Inniss, Intellectual Property Watch; Fair Usage In Caribbean Intellectual Property:
"At almost any time that the issue of intellectual property is discussed by peoples of the Caribbean there is considerable confusion and uncertainty to be found about what the law says, what it means and what the rights of usage are.
This is not surprising or unexpected since many lawyers are themselves hard put upon to provide pertinent answers to the many arising issues. This is not aided in the least by broad statements on intellectual property such as the definitions given by the World Intellectual Property Organization (WIPO), which are a general aid to understanding the subject area but which cannot deal with the variations in national laws and which do not explain that with any of the rights described, responsibilities also exist."
"At almost any time that the issue of intellectual property is discussed by peoples of the Caribbean there is considerable confusion and uncertainty to be found about what the law says, what it means and what the rights of usage are.
This is not surprising or unexpected since many lawyers are themselves hard put upon to provide pertinent answers to the many arising issues. This is not aided in the least by broad statements on intellectual property such as the definitions given by the World Intellectual Property Organization (WIPO), which are a general aid to understanding the subject area but which cannot deal with the variations in national laws and which do not explain that with any of the rights described, responsibilities also exist."
Saturday, January 15, 2011
The Catcher in the Rye 'sequel' to be published; Guardian, 1/12/11
Stephen Bates, Guardian; The Catcher in the Rye 'sequel' to be published:
"Colting's lawyers were granted an appeal hearing and Publishers' Weekly says that under a settlement signed last month he has agreed not to publish or distribute his book in the US or Canada until the expiry of copyright on the original, but is allowed to publish elsewhere. Publishers in six countries are said to be interested."
"Colting's lawyers were granted an appeal hearing and Publishers' Weekly says that under a settlement signed last month he has agreed not to publish or distribute his book in the US or Canada until the expiry of copyright on the original, but is allowed to publish elsewhere. Publishers in six countries are said to be interested."
[Podcast] Dr. Martin Luther King Jr. and the Public Imagination; On the Media, 1/14/11
[Podcast] On the Media; Dr. Martin Luther King Jr. and the Public Imagination:
"On August 28, 1963 Martin Luther King Jr. did what he’d done countless times before, he began building a sermon. And in his sermons King relied on improvisation - drawing on sources and references that were limited only by his imagination and memory. It’s a gift – and a tradition - on full display in the 'I Have A Dream' speech but it’s also in conflict with the intellectual property laws that have been strenuously used by his estate since his death. OTM producer Jamie York speaks with Drew Hansen, Keith Miller, Michael Eric Dyson and Lewis Hyde about King, imagination and the consequences of limiting access to art and ideas."
"On August 28, 1963 Martin Luther King Jr. did what he’d done countless times before, he began building a sermon. And in his sermons King relied on improvisation - drawing on sources and references that were limited only by his imagination and memory. It’s a gift – and a tradition - on full display in the 'I Have A Dream' speech but it’s also in conflict with the intellectual property laws that have been strenuously used by his estate since his death. OTM producer Jamie York speaks with Drew Hansen, Keith Miller, Michael Eric Dyson and Lewis Hyde about King, imagination and the consequences of limiting access to art and ideas."
Thursday, January 13, 2011
Brussels Wants 7-Year Limit on Works Digitized by Google; New York Times, 1/11/11
James Kanter, New York Times; Brussels Wants 7-Year Limit on Works Digitized by Google:
"Companies like Google that digitize artworks and books from public bodies should allow other companies and institutions to commercialize those materials after seven years, three experts advising the European Commission said Monday."
"Companies like Google that digitize artworks and books from public bodies should allow other companies and institutions to commercialize those materials after seven years, three experts advising the European Commission said Monday."
Monday, January 10, 2011
Library of Congress Gets a Mile of Music; New York Times, 1/10/11
Larry Rohter, New York Times; Library of Congress Gets a Mile of Music:
"Under the agreement negotiated during discussions that began two years ago the Library of Congress has been granted ownership of the physical discs and plans to preserve and digitize them. But Universal, a subsidiary of the French media conglomerate Vivendi that was formerly known as the Music Corporation of America, or MCA, retains both the copyright to the music recorded on the discs and the right to commercialize that music after it has been digitized...
Much of the material has been stored at Iron Mountain, the former limestone mine near Boyers, Pa., that also holds numerous government and corporate records."
"Under the agreement negotiated during discussions that began two years ago the Library of Congress has been granted ownership of the physical discs and plans to preserve and digitize them. But Universal, a subsidiary of the French media conglomerate Vivendi that was formerly known as the Music Corporation of America, or MCA, retains both the copyright to the music recorded on the discs and the right to commercialize that music after it has been digitized...
Much of the material has been stored at Iron Mountain, the former limestone mine near Boyers, Pa., that also holds numerous government and corporate records."
Sunday, January 9, 2011
The 373-Hit Wonder; New York Times, 1/9/11
Zachary Lazar, New York Times; The 373-Hit Wonder:
"You might expect that Girl Talk’s success has made Gillis a legal target. His sound collages are radically different from their sources, far more than the sum of their parts, but to an entertainment lawyer they might look like a lawsuit. Or, in the words of Lawrence Lessig, author of “Remix: Making Art and Commerce Thrive in the Hybrid Economy,” “a gold mine.”
To secure permission to use the 373 samples on “All Day” would cost, Gillis estimates, millions of dollars. Some labels would refuse, others would draw him into endless negotiation. But he has never been sued. No one has ever asked him to stop doing what he’s doing. One of the acts he samples on “All Day,” the Toadies, proudly put a link to Girl Talk on their home page.
“We don’t realize how much the notion of creation has changed for people under the age of 25,” Lessig says. He suggests that in 20 years the sampling issue will seem “completely bizarre.”"
"You might expect that Girl Talk’s success has made Gillis a legal target. His sound collages are radically different from their sources, far more than the sum of their parts, but to an entertainment lawyer they might look like a lawsuit. Or, in the words of Lawrence Lessig, author of “Remix: Making Art and Commerce Thrive in the Hybrid Economy,” “a gold mine.”
To secure permission to use the 373 samples on “All Day” would cost, Gillis estimates, millions of dollars. Some labels would refuse, others would draw him into endless negotiation. But he has never been sued. No one has ever asked him to stop doing what he’s doing. One of the acts he samples on “All Day,” the Toadies, proudly put a link to Girl Talk on their home page.
“We don’t realize how much the notion of creation has changed for people under the age of 25,” Lessig says. He suggests that in 20 years the sampling issue will seem “completely bizarre.”"
Thursday, January 6, 2011
Hip-Hop and Copyright Law in the [sic] Classroomleg; Chronicle of Higher Education, 1/5/11
Ben Wieder, Chronicle of Higher Education; Hip-Hop and Copyright Law in the [sic] Classroomleg:
"Kembrew McLeod’s youthful interest in 1980s hip-hop became a life-long scholarly pursuit when some of the groups he’d listened to as a teenager were sued in the early 1990s for using samples of previously recorded music.
“The issue—how the law affects sampling—is the entire reason I’m a professor,” says Mr. McLeod, an associate professor of communication studies at the University of Iowa.
It’s the subject of his second documentary film, Copyright Criminals, co-directed by Ben Franzen, which ran last year as part of PBS’s Independent Lens series and will be released on DVD in March. It is also available at Hulu.com."
"Kembrew McLeod’s youthful interest in 1980s hip-hop became a life-long scholarly pursuit when some of the groups he’d listened to as a teenager were sued in the early 1990s for using samples of previously recorded music.
“The issue—how the law affects sampling—is the entire reason I’m a professor,” says Mr. McLeod, an associate professor of communication studies at the University of Iowa.
It’s the subject of his second documentary film, Copyright Criminals, co-directed by Ben Franzen, which ran last year as part of PBS’s Independent Lens series and will be released on DVD in March. It is also available at Hulu.com."
Monday, January 3, 2011
Counting on Google Books; Chronicle of Higher Education, 12/16/10
Geoffrey Nunberg, Chronicle of Higher Education; Counting on Google Books:
"Scholars can't download the entire corpus right now, but the impediments are legal and commercial rather than technological. (Google could make available a corpus of all the public-domain works published through 1922 without raising any copyright issues, but it has decided not to do that.) In the meantime, scholars have access to the corpus via the Web sites Ngrams.GoogleLabs.com, and culturomics.org."
"Scholars can't download the entire corpus right now, but the impediments are legal and commercial rather than technological. (Google could make available a corpus of all the public-domain works published through 1922 without raising any copyright issues, but it has decided not to do that.) In the meantime, scholars have access to the corpus via the Web sites Ngrams.GoogleLabs.com, and culturomics.org."
Saturday, January 1, 2011
What Was 2010′s Most Pirated TV Show?; Spinoff Online, 12/31/10
Graeme McMillan, Spinoff Online; What Was 2010′s Most Pirated TV Show?:
Friday, December 31, 2010
E-Books Outsell Paper Books On Barnes & Noble's Online Store; AP/Huffington Post, 12/30/10
AP/Huffinton Post; E-Books Outsell Paper Books On Barnes & Noble's Online Store:
"Bookseller Barnes & Noble Inc. on Thursday said its line of Nook e-reading devices are the biggest-selling items in its history, and added it sold nearly 1 million e-books on Christmas Day."
"Bookseller Barnes & Noble Inc. on Thursday said its line of Nook e-reading devices are the biggest-selling items in its history, and added it sold nearly 1 million e-books on Christmas Day."
Thursday, December 30, 2010
Uncertainty About 'Fair Use' Is Hurting Academic and Research Libraries, ARL Report Says; Library Journal, 12/28/10
Michael Kelley, Library Journal; Uncertainty About 'Fair Use' Is Hurting Academic and Research Libraries, ARL Report Says:
"A lack of consensus about how to apply the fair use provision of copyright law is consistently impairing the mission of academic and research libraries, according to a new report.
The report, released December 20 by the Association of Research Libraries (ARL), concludes that librarians often feel ill-equipped to make decisions about fair use and increasingly have as their primary goal avoiding litigation and harm to their institution, regardless of what the law allows and what the user community needs."
"A lack of consensus about how to apply the fair use provision of copyright law is consistently impairing the mission of academic and research libraries, according to a new report.
The report, released December 20 by the Association of Research Libraries (ARL), concludes that librarians often feel ill-equipped to make decisions about fair use and increasingly have as their primary goal avoiding litigation and harm to their institution, regardless of what the law allows and what the user community needs."
Oracle Owed Interest by SAP in Infringement Case, Judge Rules; Bloomberg, 12/29/10
Joel Rosenblatt, Bloomberg; Oracle Owed Interest by SAP in Infringement Case, Judge Rules:
"Oracle Corp. must be paid interest on the $1.3 billion copyright-infringement jury verdict it won against SAP AG last month, a federal judge said."
"Oracle Corp. must be paid interest on the $1.3 billion copyright-infringement jury verdict it won against SAP AG last month, a federal judge said."
Righthaven responds to fair use defense in suit; Miami Herald, 12/27/10
Miami Herald; Righthaven responds to fair use defense in suit:
"A company suing websites on behalf of the owner of the Las Vegas Review-Journal says an Oregon nonprofit that helps immigrants isn't exempt from copyright laws."
"A company suing websites on behalf of the owner of the Las Vegas Review-Journal says an Oregon nonprofit that helps immigrants isn't exempt from copyright laws."
Looking at the cloud from both sides now; Los Angeles Times, 12/28/10
Michael Hiltzik, Los Angeles Times; Looking at the cloud from both sides now:
"I recognize that one can't "own" a Kindle book any more than one can own a cat. One can only "license" the book — on terms that are part of a 2,000-word user agreement. The agreement allows a licensee to keep a permanent copy of the book and view it an unlimited number of times. But it also encrusts every book with restrictions on what else can be done with it, including how many reading devices it can be installed on at a time.
These restrictions only proliferate. In a famous example, the terms of use of a digital version of "Alice's Adventures in Wonderland" included: "This book cannot be read aloud." The digital publisher also tried to limit how many pages of the text a user could print in a given time period. The author's copyright on "Alice," it should be noted, expired in 1907."
"I recognize that one can't "own" a Kindle book any more than one can own a cat. One can only "license" the book — on terms that are part of a 2,000-word user agreement. The agreement allows a licensee to keep a permanent copy of the book and view it an unlimited number of times. But it also encrusts every book with restrictions on what else can be done with it, including how many reading devices it can be installed on at a time.
These restrictions only proliferate. In a famous example, the terms of use of a digital version of "Alice's Adventures in Wonderland" included: "This book cannot be read aloud." The digital publisher also tried to limit how many pages of the text a user could print in a given time period. The author's copyright on "Alice," it should be noted, expired in 1907."
GEMA Music Collection Society No Longer Will Let Kindergartens Get Away With Teaching Music For Free; TechDirt, 12/30/10
Mike Masnick, TechDirt.com; GEMA Music Collection Society No Longer Will Let Kindergartens Get Away With Teaching Music For Free:
"We've discussed a few times how the German music collection society GEMA often appears to be one of the worst of the worst when it comes to copyright maximalism."
"We've discussed a few times how the German music collection society GEMA often appears to be one of the worst of the worst when it comes to copyright maximalism."
Google Streamlining its Approach to Digital Copyright; Wired.com, 12/2/10
Top IP-Watch Stories Of 2010: Copyright Fights, ACTA, Medicines Access; Intellectual Property Watch, 12/30/10
William New and Catherine Saez, Intellectual Property Watch; Top IP-Watch Stories Of 2010: Copyright Fights, ACTA, Medicines Access:
"At Intellectual Property Watch, a list of the top 25 posts of 2010 reveals your – our readers’ – top interests of the past year.
The clear winner in terms of frequency on the list was the Anti-Counterfeiting Trade Agreement (ACTA), as about a third of the top stories dealt with that treaty in the headline and several more indirectly. But the top two on the list were articles about the ongoing struggle to balance the push by copyright holders for greater protection in the digital environment with the push to ensure that knowledge may be accessed by the maximum number of people. Given that stories about enforcement far outnumber stories about new ideas to spread open access or to generate revenue, one might conclude that enforcement may be the core business model for many."
"At Intellectual Property Watch, a list of the top 25 posts of 2010 reveals your – our readers’ – top interests of the past year.
The clear winner in terms of frequency on the list was the Anti-Counterfeiting Trade Agreement (ACTA), as about a third of the top stories dealt with that treaty in the headline and several more indirectly. But the top two on the list were articles about the ongoing struggle to balance the push by copyright holders for greater protection in the digital environment with the push to ensure that knowledge may be accessed by the maximum number of people. Given that stories about enforcement far outnumber stories about new ideas to spread open access or to generate revenue, one might conclude that enforcement may be the core business model for many."
Wednesday, December 29, 2010
50 Cent Named In NY Copyright Infringement Lawsuit; NPR, 12/15/10
Viacom Replays Copyright Claims In YouTube Appeal; NPR, 12/3/10
NPR; Viacom Replays Copyright Claims In YouTube Appeal:
"Viacom Inc., the owner of MTV, Comedy Central and Nickelodeon, is trying to revive a federal lawsuit that seeks more than $1 billion in damages from YouTube for showing tens of thousands of pirated video clips from its shows."
"Viacom Inc., the owner of MTV, Comedy Central and Nickelodeon, is trying to revive a federal lawsuit that seeks more than $1 billion in damages from YouTube for showing tens of thousands of pirated video clips from its shows."
[Podcast] They Say That I Stole This; NPR's On the Media, 12/24/10
NPR's On the Media; They Say That I Stole This:
"Twenty years ago a series of lawsuits criminalized the hip-hop sampling of artists like Hank Shocklee and Public Enemy. And yet, two decades later, artists like Girl Talk have found success breaking those same sampling laws. OTM producer Jamie York talks to Girl Talk, Shocklee and Duke Law professor James Boyle about two decades of sampling - on both sides of the law."
"Twenty years ago a series of lawsuits criminalized the hip-hop sampling of artists like Hank Shocklee and Public Enemy. And yet, two decades later, artists like Girl Talk have found success breaking those same sampling laws. OTM producer Jamie York talks to Girl Talk, Shocklee and Duke Law professor James Boyle about two decades of sampling - on both sides of the law."
Watch out Big Content—RapidShare has hired a lobbying firm; ArsTechnica.com, 12/28/10
Matthew Lasar, ArsTechnica.com; Watch out Big Content—RapidShare has hired a lobbying firm:
"The registration form that RapidShare filed with the government makes it pretty clear what the three lobbyists the company has hired will be focusing on: "Develop and implement a coordinated government affairs/public relations program for RapidShare targeted at Congress, the Administration and the media to help counter negative attacks on the company from US copyright interests.""
"The registration form that RapidShare filed with the government makes it pretty clear what the three lobbyists the company has hired will be focusing on: "Develop and implement a coordinated government affairs/public relations program for RapidShare targeted at Congress, the Administration and the media to help counter negative attacks on the company from US copyright interests.""
Cheaters Find an Adversary in Technology; New York Times, 12/28/10
Trip Gabriel, New York Times; Cheaters Find an Adversary in Technology:
"For the Law School Admission Council, which administers the LSAT four times a year to a total of more than 140,000 people, Caveon patrols the Internet looking for leaked questions on sites it calls “brain dumps,” where students who have just taken an exam discuss it openly.
“There’s all kinds of stuff on the blogs after the test trying to guess which stuff will show up in the future; there’s a whole cottage industry,” said Wendy Margolis, a spokeswoman for the council.
Caveon, which declined to reveal what it charges clients, sends letters to the people who operate those Web sites requiring them to take down the material under the Digital Millennium Copyright Act."
"For the Law School Admission Council, which administers the LSAT four times a year to a total of more than 140,000 people, Caveon patrols the Internet looking for leaked questions on sites it calls “brain dumps,” where students who have just taken an exam discuss it openly.
“There’s all kinds of stuff on the blogs after the test trying to guess which stuff will show up in the future; there’s a whole cottage industry,” said Wendy Margolis, a spokeswoman for the council.
Caveon, which declined to reveal what it charges clients, sends letters to the people who operate those Web sites requiring them to take down the material under the Digital Millennium Copyright Act."
Sunday, December 26, 2010
The Creative Cocktail: A Guest Post; New York Times, 12/23/10
New York Times; The Creative Cocktail: A Guest Post:
"Kal Raustiala, a professor at UCLA Law School and the UCLA International Institute, and Chris Sprigman, a professor at the University of Virginia Law School, are experts in counterfeiting and intellectual property. They have been guest-blogging for us about copyright issues. This week, they write about the role of copyright in cocktails."
"Kal Raustiala, a professor at UCLA Law School and the UCLA International Institute, and Chris Sprigman, a professor at the University of Virginia Law School, are experts in counterfeiting and intellectual property. They have been guest-blogging for us about copyright issues. This week, they write about the role of copyright in cocktails."
Porn site: publicizing takedown notices is copyright infringement; ArsTechnica.com, 12/23/10
David Kravets, ArsTechinca.com; Porn site: publicizing takedown notices is copyright infringement:
"...Perfect 10 alleges Google’s forwarding of Perfect 10’s takedown notices to the Chilling Effects Clearinghouse website constitutes copyright infringement."
"...Perfect 10 alleges Google’s forwarding of Perfect 10’s takedown notices to the Chilling Effects Clearinghouse website constitutes copyright infringement."
[Editorial] China and Intellectual Property; New York Times, 12/24/10
[Editorial] New York Times; China and Intellectual Property:
"The United States has made some progress at the World Trade Organization against the theft of intellectual property in China. But it must be much more vigilant and aggressive."
"The United States has made some progress at the World Trade Organization against the theft of intellectual property in China. But it must be much more vigilant and aggressive."
Avatar Tops List as Most Pirated Movie of 2010; Tech Week, 12/25/10
Tech Week; Avatar Tops List as Most Pirated Movie of 2010:
"According to a file-sharing blog, the classic blockbuster Avatar has turned out to be the most illegally copied movie of 2010. It is also the highest-grossing film ever as it earned $2.8 bn (£1.8bn) in the world wide box office."
"According to a file-sharing blog, the classic blockbuster Avatar has turned out to be the most illegally copied movie of 2010. It is also the highest-grossing film ever as it earned $2.8 bn (£1.8bn) in the world wide box office."
Wednesday, December 22, 2010
Split Decision Settles Few Questions in Supreme Court Copyright Case; Library Journal, 12/16/10
Josh Hadro, Library Journal; Split Decision Settles Few Questions in Supreme Court Copyright Case:
"What happens to library acquisitions now that the Supreme Court has issued a 4-4 split ruling [PDF] in the case of Costco v. Omega, a case library advocates were worried could stymie the lending of some 200 million foreign-made titles? The answer, at least for now, is business as usual—until the court takes up another copyright case, or Congress intervenes.
The split ruling—a result of Associate Justice Elena Kagan's recusal on account of her previous role as Solicitor General—in effect upholds the Ninth Circuit's ruling that the "first sale" doctrine does not apply to goods manufactured outside the country without setting nationwide precedent."
"What happens to library acquisitions now that the Supreme Court has issued a 4-4 split ruling [PDF] in the case of Costco v. Omega, a case library advocates were worried could stymie the lending of some 200 million foreign-made titles? The answer, at least for now, is business as usual—until the court takes up another copyright case, or Congress intervenes.
The split ruling—a result of Associate Justice Elena Kagan's recusal on account of her previous role as Solicitor General—in effect upholds the Ninth Circuit's ruling that the "first sale" doctrine does not apply to goods manufactured outside the country without setting nationwide precedent."
Sunday, December 19, 2010
US Ambassador: Over-Focus On Development “Will Kill” WIPO; Intellectual Property Watch, 12/17/10
William New, Intellectual Property Watch; US Ambassador: Over-Focus On Development “Will Kill” WIPO:
"There are two sides to the argument, and [US Ambassador Betty] King took the copyright holder side, indicating that while access is desirable, the denial or abrogation of book authors’ rights “would eventually mean we will never have a book.”
She also referred to the US bringing musician Stevie Wonder – who is visually impaired -to WIPO earlier this autumn (IPW, Copyright Policy, 20 September 2010), and that his message was he wants people to have access but he also values the importance of royalties to the creators. “We have to maintain certain procedures to continue to get movies and books and all of that,” she concluded."
http://www.ip-watch.org/weblog/2010/12/17/us-ambassador-over-focus-on-development-will-kill-wipo/
"There are two sides to the argument, and [US Ambassador Betty] King took the copyright holder side, indicating that while access is desirable, the denial or abrogation of book authors’ rights “would eventually mean we will never have a book.”
She also referred to the US bringing musician Stevie Wonder – who is visually impaired -to WIPO earlier this autumn (IPW, Copyright Policy, 20 September 2010), and that his message was he wants people to have access but he also values the importance of royalties to the creators. “We have to maintain certain procedures to continue to get movies and books and all of that,” she concluded."
http://www.ip-watch.org/weblog/2010/12/17/us-ambassador-over-focus-on-development-will-kill-wipo/
School librarians: Headed for the history books?; Minneapolis Star Tribune, 12/11/10
Daarel Burnette II, Minneapolis Star Tribune; School librarians: Headed for the history books?:
""Everything has been impacted by technology," said Nancy Walton, the director of Minnesota's State Library Services. "Students need to know how to go online to use it safely, use it appropriately and understand the issues of intellectual freedom and copyright. Kids assume because it's on the Internet, it's free and they can use it as they want.""
http://www.startribune.com/local/east/111702274.html
""Everything has been impacted by technology," said Nancy Walton, the director of Minnesota's State Library Services. "Students need to know how to go online to use it safely, use it appropriately and understand the issues of intellectual freedom and copyright. Kids assume because it's on the Internet, it's free and they can use it as they want.""
http://www.startribune.com/local/east/111702274.html
Wednesday, December 15, 2010
Funk Legend George Clinton Sues the Black Eyed Peas for alleged Copyright Infringement, Entertainment Weekly, 12/14/10
Brad Wete, Entertainment Weekly; Funk Legend George Clinton Sues the Black Eyed Peas for alleged Copyright Infringement:
"Parliament Funkadelic leader George Clinton has filed a copyright lawsuit against each member of the Black Eyed Peas, UMG Recordings, and Cherry Lane Music, accusing them of wrongfully sampling his “(Not Just) Knee Deep” from 1979 album Uncle Jam Wants You on two remixes of the will.i.am-produced “Shut Up”: “Shut the Phunk Up Remix” and “Shut Up Remix” from their 2003 Grammy-nominated Elephunk album. The case was filed Dec. 10 in U.S. District Court in Los Angeles."
"Parliament Funkadelic leader George Clinton has filed a copyright lawsuit against each member of the Black Eyed Peas, UMG Recordings, and Cherry Lane Music, accusing them of wrongfully sampling his “(Not Just) Knee Deep” from 1979 album Uncle Jam Wants You on two remixes of the will.i.am-produced “Shut Up”: “Shut the Phunk Up Remix” and “Shut Up Remix” from their 2003 Grammy-nominated Elephunk album. The case was filed Dec. 10 in U.S. District Court in Los Angeles."
Thursday, December 9, 2010
No harm, no foul? P2P user says $1.5M award should be zeroed out; ArsTechnica.com, 12/8/10
Nate Anderson, ArsTechnica.com; No harm, no foul? P2P user says $1.5M award should be zeroed out:
"Jammie Thomas-Rasset, the first US citizen to take her file-sharing lawsuit all the way to a verdict, has been hit with three separate damage awards: $222,000, $1.92 million, and recently $1.5 million. The judge has made clear that these figures are absurd; after the second trial, he declared $54,000 the most that he could possibly allow.
But what does Thomas-Rasset think she owes? Nothing."
http://arstechnica.com/tech-policy/news/2010/12/no-harm-no-foul-p2p-user-says-15m-award-should-be-zeroed-out.ars
"Jammie Thomas-Rasset, the first US citizen to take her file-sharing lawsuit all the way to a verdict, has been hit with three separate damage awards: $222,000, $1.92 million, and recently $1.5 million. The judge has made clear that these figures are absurd; after the second trial, he declared $54,000 the most that he could possibly allow.
But what does Thomas-Rasset think she owes? Nothing."
http://arstechnica.com/tech-policy/news/2010/12/no-harm-no-foul-p2p-user-says-15m-award-should-be-zeroed-out.ars
Koslowski’s Lament; Eye on Comics, 12/8/10
Don MacPherson, Eye on Comics; Koslowski’s Lament:
"An independent comics creator in the United States who won a copyright-infringement judgment against a Canadian businessman last year says the court order has proven to be worthless because the man who used his art without permission — and continues to do so — simply chooses to ignore it."
http://www.eyeoncomics.com/?p=1467
"An independent comics creator in the United States who won a copyright-infringement judgment against a Canadian businessman last year says the court order has proven to be worthless because the man who used his art without permission — and continues to do so — simply chooses to ignore it."
http://www.eyeoncomics.com/?p=1467
Tuesday, December 7, 2010
Wikileaks cables reveal that the US wrote Spain's proposed copyright law; BoingBoing.net, 12/3/10
Cory Doctorow, BoingBoing.net; Wikileaks cables reveal that the US wrote Spain's proposed copyright law:
"Spain's Congress is about to vote on a new and extremely harsh copyright/Internet law. It's an open secret that the law was essentially drafted by American industry groups working with the US trade representative."
http://www.boingboing.net/2010/12/03/wikileaks-cables-rev.html
"Spain's Congress is about to vote on a new and extremely harsh copyright/Internet law. It's an open secret that the law was essentially drafted by American industry groups working with the US trade representative."
http://www.boingboing.net/2010/12/03/wikileaks-cables-rev.html
Is it time for term limits for the Copyright Office's Register?; ArsTechnica.com, 12/7/10
Matthew Lasar, ArsTechnica.com; Is it time for term limits for the Copyright Office's Register?:
""The discussions surrounding copyright policy impact more constituencies than ever before," A Copyright Office for the 21st Century recommends. All the more reason for the Register to have a "nuanced understanding" of all the stakeholders affected by copyright rules.
"Unfortunately, each year that the Register is head of the Copyright Office makes it harder to maintain that type of connection," PK notes. "Furthermore, it increases the possibility that he or she will favor one or more existing stakeholders groups over newly emergent ones. Effective policy making requires the regular infusion of new blood and new ideas.""
http://arstechnica.com/tech-policy/news/2010/12/is-it-time-for-term-limits-for-the-copyright-offices-register.ars
""The discussions surrounding copyright policy impact more constituencies than ever before," A Copyright Office for the 21st Century recommends. All the more reason for the Register to have a "nuanced understanding" of all the stakeholders affected by copyright rules.
"Unfortunately, each year that the Register is head of the Copyright Office makes it harder to maintain that type of connection," PK notes. "Furthermore, it increases the possibility that he or she will favor one or more existing stakeholders groups over newly emergent ones. Effective policy making requires the regular infusion of new blood and new ideas.""
http://arstechnica.com/tech-policy/news/2010/12/is-it-time-for-term-limits-for-the-copyright-offices-register.ars
MPAA Sends Letter to Thousands of Colleges About Copyright Rules; Wired Campus, 12/6/10
Jeff Young, Wired Campus; MPAA Sends Letter to Thousands of Colleges About Copyright Rules:
"The Motion Picture Association of American began sending letters to thousands of colleges and university presidents today, alerting them that the industry group will start notifying colleges whenever it detects illegal trading of Hollywood films and hit TV shows on their campuses."
http://chronicle.com/blogs/wiredcampus/mpaa-sends-letter-to-thousands-of-colleges-about-copyright-rules/28552
"The Motion Picture Association of American began sending letters to thousands of colleges and university presidents today, alerting them that the industry group will start notifying colleges whenever it detects illegal trading of Hollywood films and hit TV shows on their campuses."
http://chronicle.com/blogs/wiredcampus/mpaa-sends-letter-to-thousands-of-colleges-about-copyright-rules/28552
Saturday, December 4, 2010
US Online Counterfeit Crackdown Has Industry Beaming; Intellectual Property Watch, 11/29/10
Intellectual Property Watch; US Online Counterfeit Crackdown Has Industry Beaming:
"In a move aimed to protect domestic intellectual property rights, the United States Justice Department today announced the suspension of 82 internet domain names on suspicion of selling counterfeit sports equipment, clothes and DVDs, music and software. But some used the opportunity to engage in scaremongering such as safety of families from harmful counterfeits, though none of the products involved appeared to fit that fear."
http://www.ip-watch.org/weblog/2010/11/29/us-counterfeit-crackdown-has-industry-beaming/
"In a move aimed to protect domestic intellectual property rights, the United States Justice Department today announced the suspension of 82 internet domain names on suspicion of selling counterfeit sports equipment, clothes and DVDs, music and software. But some used the opportunity to engage in scaremongering such as safety of families from harmful counterfeits, though none of the products involved appeared to fit that fear."
http://www.ip-watch.org/weblog/2010/11/29/us-counterfeit-crackdown-has-industry-beaming/
U.S. Government Seizes 82 Websites: A Glimpse at the Draconian Future of Copyright Enforcement?; Electronic Frontier Foundation, 11/29/10
Corynne McSherry, Electronic Frontier Foundation; U.S. Government Seizes 82 Websites: A Glimpse at the Draconian Future of Copyright Enforcement?:
"This type of seizure is not unprecedented, but we haven’t seen it happen on such a broad scale before. This kind of mass action raises at least three concerns"...
https://www.eff.org/deeplinks/2010/11/us-government-seizes-82-websites-draconian-future
"This type of seizure is not unprecedented, but we haven’t seen it happen on such a broad scale before. This kind of mass action raises at least three concerns"...
https://www.eff.org/deeplinks/2010/11/us-government-seizes-82-websites-draconian-future
Thursday, December 2, 2010
Google's bookstore may launch in time for the holidays; ArsTechnica.com, 12/1/10
John Timmer, ArsTechnica.com; Google's bookstore may launch in time for the holidays:
"Google's settlement with book copyright owners may still be meandering through the courts, but that's apparently not going to stop the search giant from launching an online bookstore. The company's book settlement, which would give Google the right to offer out-of-print books for sale, is still awaiting approval or modification by a New York court...
For now, however, the books on offer will simply mirror what's available from other retailers, which primarily means books currently in print and a back catalog of works old enough to be out of copyright."
http://arstechnica.com/media/news/2010/12/googles-book-store-may-launch-in-time-for-the-holidays.ars
"Google's settlement with book copyright owners may still be meandering through the courts, but that's apparently not going to stop the search giant from launching an online bookstore. The company's book settlement, which would give Google the right to offer out-of-print books for sale, is still awaiting approval or modification by a New York court...
For now, however, the books on offer will simply mirror what's available from other retailers, which primarily means books currently in print and a back catalog of works old enough to be out of copyright."
http://arstechnica.com/media/news/2010/12/googles-book-store-may-launch-in-time-for-the-holidays.ars
Tuesday, November 30, 2010
Why is the Department of Homeland Security shutting down popular rap sites?; Entertainment Weekly, 11/30/10
Simon Vozick-Levinson, Entertainment Weekly; Why is the Department of Homeland Security shutting down popular rap sites?:
"Last week, the U.S. Department of Homeland Security seized over 80 websites for alleged copyright and trademark violations. Caught up along with many sites alleged to be selling counterfeit clothing and other products were five entertainment websites, including the popular hip-hop blogs OnSmash.com and dajaz1.com."
http://music-mix.ew.com/2010/11/30/homeland-security-rap-blog/
"Last week, the U.S. Department of Homeland Security seized over 80 websites for alleged copyright and trademark violations. Caught up along with many sites alleged to be selling counterfeit clothing and other products were five entertainment websites, including the popular hip-hop blogs OnSmash.com and dajaz1.com."
http://music-mix.ew.com/2010/11/30/homeland-security-rap-blog/
Monday, November 29, 2010
Feds seize 82 domains accused of selling counterfeit goods; ArsTechnica.com, 11/29/10
Matthew Lasar, ArsTechnica.com; Feds seize 82 domains accused of selling counterfeit goods:
"The Department of Justice has obtained seizure orders against a slew of commercial websites accused of selling a wide variety of counterfeit commodities, including DVD box sets, music, software, sports equipment and handbags—82 sites all told."
http://arstechnica.com/web/news/2010/11/feds-seize-82-domains-selling-counterfeit-goods.ars
"The Department of Justice has obtained seizure orders against a slew of commercial websites accused of selling a wide variety of counterfeit commodities, including DVD box sets, music, software, sports equipment and handbags—82 sites all told."
http://arstechnica.com/web/news/2010/11/feds-seize-82-domains-selling-counterfeit-goods.ars
Supreme Court Won’t Hear RIAA File Sharing Case; Wired.com, 11/29/10
David Kravets, Wired.com; Supreme Court Won’t Hear RIAA File Sharing Case:
"The U.S. Supreme Court declined Monday to hear the first Recording Industry Association of America file sharing case to cross its desk, in a case that tested the so-called “innocent infringer” defense to copyright infringement."
http://www.wired.com/threatlevel/2010/11/innocent/
"The U.S. Supreme Court declined Monday to hear the first Recording Industry Association of America file sharing case to cross its desk, in a case that tested the so-called “innocent infringer” defense to copyright infringement."
http://www.wired.com/threatlevel/2010/11/innocent/
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