Nate Anderson, ArsTechnica.com; Judge calls $1.5M file-sharing judgment "appalling," slashes to $54,000:
"Sections of the verdict are worth quoting in full; they illustrate Judge Davis' deep common sense about the case and provide a worthwhile framework for thinking about similar P2P cases.
[Excerpt of quote] The Court concludes that an award of $1.5 million for stealing and distributing 24 songs for personal use is appalling. Such an award is so severe and oppressive as to be wholly disproportioned to the offense and obviously unreasonable...
As for her argument that she caused no harm to the music industry, Davis “rejects her suggestion" and calls for a penalty in order to enforce copyright law, compensate the record labels, and “deter future copyright infringement.”"
Monday, July 25, 2011
Parliament Study: ACTA Not Fully In Line With EU Rules; Intellectual Property Watch, 7/20/11
Monika Ermert, Intellectual Property Watch; Parliament Study: ACTA Not Fully In Line With EU Rules:
"The Anti-Counterfeiting Trade Agreement (ACTA) under negotiation by a group of countries including those in the European Union is more ambitious than current EU law and risks problems for access to medicines, concluded a recent study commissioned by the European Parliament Committee on International Trade. But the study stops short of calling for a flat rejection of the agreement."
"The Anti-Counterfeiting Trade Agreement (ACTA) under negotiation by a group of countries including those in the European Union is more ambitious than current EU law and risks problems for access to medicines, concluded a recent study commissioned by the European Parliament Committee on International Trade. But the study stops short of calling for a flat rejection of the agreement."
Why I'm Not Going Near Spotify (and Why You Shouldn't Either); Harvard Business Review, 7/22/11
James Allworth, Harvard Business Review; Why I'm Not Going Near Spotify (and Why You Shouldn't Either) :
"Netflix has become so popular that it recently surpassed the amount of Bittorrent ("pirate") traffic on the web, proving that it's compelling offerings, not lawsuits, that win customer's hearts and minds. But if Hulu and Netflix are so fantastic, what's the concern about Spotify?
Simply put: the way we consume music is fundamentally different to the way we consume movies and TV."
"Netflix has become so popular that it recently surpassed the amount of Bittorrent ("pirate") traffic on the web, proving that it's compelling offerings, not lawsuits, that win customer's hearts and minds. But if Hulu and Netflix are so fantastic, what's the concern about Spotify?
Simply put: the way we consume music is fundamentally different to the way we consume movies and TV."
Celine Dion shuts down parody website; Guardian, 7/22/11
Sean Michaels, Guardian; Celine Dion shuts down parody website:
"Celine Dion has taken legal action to force the closure of a blog publishing silly photographs of her, according to reports. Our Lady of Histrionics took offence to the website Ridiculous Pictures of Celine Dion, dispatching her lawyers with a cease and desist order."
"Celine Dion has taken legal action to force the closure of a blog publishing silly photographs of her, according to reports. Our Lady of Histrionics took offence to the website Ridiculous Pictures of Celine Dion, dispatching her lawyers with a cease and desist order."
Sunday, July 17, 2011
[Obituary] Sherwood Schwartz obituary; Guardian, 7/14/11
[Obituary] Guardian; Sherwood Schwartz obituary:
"[Sherwood Schwartz] was admired by Brady fans for his efforts to stop Paramount from harassing amateur theatre groups for copyright infringement when they staged productions based on the Brady Bunch."
"[Sherwood Schwartz] was admired by Brady fans for his efforts to stop Paramount from harassing amateur theatre groups for copyright infringement when they staged productions based on the Brady Bunch."
French copyright cops: we're swamped with "three strikes" complaints; ArsTechnica.com, 7/15/11
Timothy B. Lee, ArsTechnica.com; French copyright cops: we're swamped with "three strikes" complaints:
"We can appreciate that Hadopi has a broad mission, but the three strikes program, with its threat to actually disconnect people from the Internet over online infringement, is what has drawn worldwide attention to France's antipiracy program. For example, we've been covering American ISPs' recent tentative steps toward a "graduated response" strategy of their own. Those ISPs took great pains to distinguish their own policies from a French-style 3-strikes plan, promising that they would not spy on their users or disconnect them from the Internet. Disconnection as a sanction has almost come under attack from the United Nations and from the Organization for Security and Cooperation in Europe, both of which say the penalty is disproportionate to the offense."
"We can appreciate that Hadopi has a broad mission, but the three strikes program, with its threat to actually disconnect people from the Internet over online infringement, is what has drawn worldwide attention to France's antipiracy program. For example, we've been covering American ISPs' recent tentative steps toward a "graduated response" strategy of their own. Those ISPs took great pains to distinguish their own policies from a French-style 3-strikes plan, promising that they would not spy on their users or disconnect them from the Internet. Disconnection as a sanction has almost come under attack from the United Nations and from the Organization for Security and Cooperation in Europe, both of which say the penalty is disproportionate to the offense."
[Editorial] A New Try at Curbing Piracy; New York Times, 6/16/11
[Editorial] New York Times; A New Try at Curbing Piracy:
"It remains to be seen whether the new approach will do better in curbing piracy, which is starting to evolve from BitTorrent downloads — currently the main vehicle of piracy — to streaming and other less detectable techniques. But it is well worth a try."
"It remains to be seen whether the new approach will do better in curbing piracy, which is starting to evolve from BitTorrent downloads — currently the main vehicle of piracy — to streaming and other less detectable techniques. But it is well worth a try."
[Podcast] Congress, Copyright and Monkeys; On the Media, 7/15/11
[Podcast] On the Media; Congress, Copyright and Monkeys:
"Techdirt's Michael Masnick talks about the PROTECT IP Act which is a bill making its way through Congress that would allow the DOJ to block sites it deems "infringing" on copyrighted material. Masnick isn't a fan of the legislation. His main critique is that the definition of "infringing" is way too broad. Plus, Masnick talks about standing his ground in a current copyright dispute involving Techdirt, a macaque monkey and a human photographer."
"Techdirt's Michael Masnick talks about the PROTECT IP Act which is a bill making its way through Congress that would allow the DOJ to block sites it deems "infringing" on copyrighted material. Masnick isn't a fan of the legislation. His main critique is that the definition of "infringing" is way too broad. Plus, Masnick talks about standing his ground in a current copyright dispute involving Techdirt, a macaque monkey and a human photographer."
Designers Revisit Copyright Protection; New York Times, 7/15/11
Eric Wilson, New York Times; Designers Revisit Copyright Protection:
"One of the biggest differences in the new bill is that designers would have to prove that a copy is “substantially identical” to their originals, rather than “substantially similar.” And they would have to prove that their designs were truly original, that the defendant’s design was an infringement and that the defendant indeed had knowledge of their work. Also, similarities in color and patterns would not count."
"One of the biggest differences in the new bill is that designers would have to prove that a copy is “substantially identical” to their originals, rather than “substantially similar.” And they would have to prove that their designs were truly original, that the defendant’s design was an infringement and that the defendant indeed had knowledge of their work. Also, similarities in color and patterns would not count."
Youth-Culture Photographer Ryan McGinley Sued for Copyright Violation; New York Times, 7/13/11
Randy Kennedy, New York Times; Youth-Culture Photographer Ryan McGinley Sued for Copyright Violation:
"Janine Gordon, who is known as JahJah and is also a musician and multimedia artist, has filed suit against Mr. McGinley in federal court in Manhattan, saying that at least 150 of his photographs are “substantially based” on her work and are violations of her copyright protections."
"Janine Gordon, who is known as JahJah and is also a musician and multimedia artist, has filed suit against Mr. McGinley in federal court in Manhattan, saying that at least 150 of his photographs are “substantially based” on her work and are violations of her copyright protections."
Friday, July 8, 2011
To Slow Piracy, Internet Providers Ready Penalties; New York Times, 7/7/11
Ben Sisario, New York Times; To Slow Piracy, Internet Providers Ready Penalties:
"Americans who illegally download songs and movies may soon be in for a surprise: They will be warned to stop, and if they don’t, they could find their Internet access slowing to a crawl.
After years of negotiations with Hollywood and the music industry, the nation’s top Internet providers have agreed to a systematic approach to identifying customers suspected of digital copyright infringement and then alerting them via e-mail or other means."
"Americans who illegally download songs and movies may soon be in for a surprise: They will be warned to stop, and if they don’t, they could find their Internet access slowing to a crawl.
After years of negotiations with Hollywood and the music industry, the nation’s top Internet providers have agreed to a systematic approach to identifying customers suspected of digital copyright infringement and then alerting them via e-mail or other means."
Sunday, July 3, 2011
[Podcast] Q&A: Kirby Ferguson; On the Media, 7/1/11
[Podcast] Alex Goldman, On the Media; Q&A: Kirby Ferguson:
"Over the past 9 months, writer, director, and editor Kirby Ferguson has been releasing episodes of Everything is a Remix, a video series about how appropriation, borrowing, and adaptation are inherent in, well, everything we as a culture create. The third installment of the four-part series just came out last week, so we thought we'd ask him a few questions about the project and his personal opinions on copyright and fair use."
"Over the past 9 months, writer, director, and editor Kirby Ferguson has been releasing episodes of Everything is a Remix, a video series about how appropriation, borrowing, and adaptation are inherent in, well, everything we as a culture create. The third installment of the four-part series just came out last week, so we thought we'd ask him a few questions about the project and his personal opinions on copyright and fair use."
Saturday, July 2, 2011
Ericsson Recognizes That 'Piracy' Isn't The Problem, But A Symptom Of Failed Business Models; TechDirt.com, 7/1/11
Mike Masnick, TechDirt.com; Ericsson Recognizes That 'Piracy' Isn't The Problem, But A Symptom Of Failed Business Models:
"Once you realize that "piracy" is a symptom of an unsatisfied consumer base, you begin to recognize that it's often the leading indicator for innovation. That's because it shows you what consumers want, and satisfying the desires of consumers is where innovation comes from."
"Once you realize that "piracy" is a symptom of an unsatisfied consumer base, you begin to recognize that it's often the leading indicator for innovation. That's because it shows you what consumers want, and satisfying the desires of consumers is where innovation comes from."
The Fans Own the Magic; New York Times, 7/1/11
Manohla Dargis and A.O.Scott, New York Times; The Fans Own the Magic:
"Prof. Henry Jenkins of the University of California, an enthusiastic champion of fan power, has framed the fight in near-revolutionary terms, writing on his Web site that PotterWar “may have been the first successful movement of fans to challenge the rather blanket copyright assertions of the major media producers.” Certainly it was a striking moment for plugged-in Potterites, yet it’s debatable whether the type of fan triumph that Professor Jenkins and others celebrate is as radical as sometimes suggested. Warner Brothers, after all, still owns the film rights."
"Prof. Henry Jenkins of the University of California, an enthusiastic champion of fan power, has framed the fight in near-revolutionary terms, writing on his Web site that PotterWar “may have been the first successful movement of fans to challenge the rather blanket copyright assertions of the major media producers.” Certainly it was a striking moment for plugged-in Potterites, yet it’s debatable whether the type of fan triumph that Professor Jenkins and others celebrate is as radical as sometimes suggested. Warner Brothers, after all, still owns the film rights."
Google may be poised to bid for Hulu; Los Angeles Times, 7/2/11
Jessica Guynn and Dawn C. Chmielewski, Los Angeles Times; Google may be poised to bid for Hulu:
"This spring, YouTube secured a movie rental deal with Sony Pictures, Warner Bros. and Universal Studios.
But rivals Walt Disney Studios, 20th Century Fox and Paramount Pictures have held back, amid concerns that Google has failed to do enough to combat Internet piracy. Paramount owner Viacom Inc. is still embroiled in a copyright infringement lawsuit against Google's YouTube."
"This spring, YouTube secured a movie rental deal with Sony Pictures, Warner Bros. and Universal Studios.
But rivals Walt Disney Studios, 20th Century Fox and Paramount Pictures have held back, amid concerns that Google has failed to do enough to combat Internet piracy. Paramount owner Viacom Inc. is still embroiled in a copyright infringement lawsuit against Google's YouTube."
Rebecca Black pulls ‘Friday’ from YouTube; Washington Post, 6/17/11
Hayley Tuskayama, Washington Post; Rebecca Black pulls ‘Friday’ from YouTube:
"The partying, partying seems to be over on YouTube. According to a message on the site, teen pop star Rebecca Black has pulled the video due to a copyright claim."
"The partying, partying seems to be over on YouTube. According to a message on the site, teen pop star Rebecca Black has pulled the video due to a copyright claim."
Newspaper chain fights for copyright troll's survival; ArsTechnica.com, 7/1/11
David Kravets, ArsTechnica.com; Newspaper chain fights for copyright troll's survival:
"The roadblock is that several judges have recently cried foul on the business model, ruling Righthaven has no legal standing to bring the cases. That’s because Stephens Media kept ownership of the copyrights in the articles, which meant Righthaven had no right to sue over the work.
Now Righthaven and Stephens Media have reworked their agreement—a contract or “assignment” that Gibson, and now Stephens Media, say grants Righthaven standing to sue."
"The roadblock is that several judges have recently cried foul on the business model, ruling Righthaven has no legal standing to bring the cases. That’s because Stephens Media kept ownership of the copyrights in the articles, which meant Righthaven had no right to sue over the work.
Now Righthaven and Stephens Media have reworked their agreement—a contract or “assignment” that Gibson, and now Stephens Media, say grants Righthaven standing to sue."
Berlin Wall artists sue city in copyright controversy; Guardian, 5/3/11
Helen Pidd, Guardian; Berlin Wall artists sue city in copyright controversy:
"The East Side Gallery is one of Berlin's most popular tourist attractions, a 1.3km-long brightly painted stretch of the wall which divided east and west for almost 30 years.
But now the outdoor exhibition space is embroiled in an expensive copyright controversy after Berlin council destroyed some artworks painted on the wall and reproduced others without the permission of the original artists."
"The East Side Gallery is one of Berlin's most popular tourist attractions, a 1.3km-long brightly painted stretch of the wall which divided east and west for almost 30 years.
But now the outdoor exhibition space is embroiled in an expensive copyright controversy after Berlin council destroyed some artworks painted on the wall and reproduced others without the permission of the original artists."
Friday, July 1, 2011
A Free Site Helps Find Stolen Cam; New York Times, 6/12/11
Roy Furchgott, New York Times; A Free Site Helps Find Stolen Cam:
"If you see your photos on site that you haven’t given permission to use them, you may be able to go after them for copyright infringement."
"If you see your photos on site that you haven’t given permission to use them, you may be able to go after them for copyright infringement."
Thursday, June 30, 2011
Independent writer's admission highlights news copyright issues; Guardian, 6/28/11
David Banks, Guardian; Independent writer's admission highlights news copyright issues:
"Copyright in news is complicated. There is no copyright in news itself: you cannot claim you have the only right to tell your readers, viewers or listeners about the facts of an event...
However, when interviewing someone, a journalist uses skill and labour in recording quotes accurately and selecting those most appropriate for publication. So the quotes in an interview are protected by copyright. If any are to be used by another publication then the fair dealing defence would have to be used and the copyright owner, possibly a competitor, would have to be credited."
"Copyright in news is complicated. There is no copyright in news itself: you cannot claim you have the only right to tell your readers, viewers or listeners about the facts of an event...
However, when interviewing someone, a journalist uses skill and labour in recording quotes accurately and selecting those most appropriate for publication. So the quotes in an interview are protected by copyright. If any are to be used by another publication then the fair dealing defence would have to be used and the copyright owner, possibly a competitor, would have to be credited."
Tuesday, June 28, 2011
Tom Petty To Michele Bachmann: Stop Playing 'American Girl' ; HuffingtonPost.com, 6/28/11
HuffingtonPost.com; Tom Petty To Michele Bachmann: Stop Playing 'American Girl' :
"Renowned rocker Tom Petty hit Republican presidential candidate Michele Bachmann with a cease-and-desist letter Monday following the congresswoman's decision to close out her campaign announcement to the tune of "American Girl," Rolling Stone reports."
"Renowned rocker Tom Petty hit Republican presidential candidate Michele Bachmann with a cease-and-desist letter Monday following the congresswoman's decision to close out her campaign announcement to the tune of "American Girl," Rolling Stone reports."
Interview With the U.S. Copyright Czar; New York Times, 6/8/11
Ben Sisario, New York Times; Interview With the U.S. Copyright Czar:
"As the first United States intellectual property enforcement coordinator, Victoria A. Espinel reports to President Obama and Congress on copyright, trademarks and other intellectual property issues, and works with an array of federal agencies — the Justice Department, Immigration and Customs Enforcement and the Federal Bureau of Investigation, among others — to enforce the law."
"As the first United States intellectual property enforcement coordinator, Victoria A. Espinel reports to President Obama and Congress on copyright, trademarks and other intellectual property issues, and works with an array of federal agencies — the Justice Department, Immigration and Customs Enforcement and the Federal Bureau of Investigation, among others — to enforce the law."
Monday, June 27, 2011
Recycled riffs – samples of music biz justice; Guardian, 6/23/11
Angus Batey, Guardian; Recycled riffs – samples of music biz justice:
"One possibility is that samplers are ignoring the law and just sampling anyway, and because the sampled artists don't have the resources to hire lawyers, the samplers get away with it," Joo says. "Another possibility is that sampled artists do negotiate deals, but they get ripped off. The third possibility is that the sampled artists negotiate a good deal, and end up better off. All three of those things are definitely happening. The question is, which happens more? I don't know. But at least the existence of a copyright regime means there is a possibility of the third result."
"One possibility is that samplers are ignoring the law and just sampling anyway, and because the sampled artists don't have the resources to hire lawyers, the samplers get away with it," Joo says. "Another possibility is that sampled artists do negotiate deals, but they get ripped off. The third possibility is that the sampled artists negotiate a good deal, and end up better off. All three of those things are definitely happening. The question is, which happens more? I don't know. But at least the existence of a copyright regime means there is a possibility of the third result."
Sunday, June 26, 2011
Marvel Superheroes and the Fathers of Invention; New York Times, 6/25/11
Brent Staples, New York Times; Marvel Superheroes and the Fathers of Invention:
"Courts have already granted a share of the copyright for Superman to the heirs of a co-creator, and sided with Captain America’s creator in another copyright fight. These cases are small fry compared with the battle now being waged between Marvel and the heirs of the legendary comic artist Jack Kirby, who breathed life into such pop culture icons as the X-Men, the Incredible Hulk, Iron Man, the Fantastic Four, Spider-Man, Thor and the Silver Surfer."
"Courts have already granted a share of the copyright for Superman to the heirs of a co-creator, and sided with Captain America’s creator in another copyright fight. These cases are small fry compared with the battle now being waged between Marvel and the heirs of the legendary comic artist Jack Kirby, who breathed life into such pop culture icons as the X-Men, the Incredible Hulk, Iron Man, the Fantastic Four, Spider-Man, Thor and the Silver Surfer."
The Cloud That Ate Your Music; New York Times, 6/22/11
Jon Pareles, New York Times; The Cloud That Ate Your Music:
"Apple’s Match is a sign that copyright holders are starting to rethink their licensing terms for the cloud, which will make subscription catalogs even larger."
"Apple’s Match is a sign that copyright holders are starting to rethink their licensing terms for the cloud, which will make subscription catalogs even larger."
Thursday, June 23, 2011
Ask Ars: which image services might commercialize my photos?; ArsTechnica.com, 6/22/11
Jacqui Cheng, ArsTechnica.com; Ask Ars: which image services might commercialize my photos? :
"Q: I heard about Twitpic commercializing user-uploaded photos and became curious. There are alternatives out there, but what are the chances they all have similar terms of service? Is there any service that isn't my own website that won't commercialize my photos? Is this just a standard agreement, or what?"
"Q: I heard about Twitpic commercializing user-uploaded photos and became curious. There are alternatives out there, but what are the chances they all have similar terms of service? Is there any service that isn't my own website that won't commercialize my photos? Is this just a standard agreement, or what?"
Time For A Positive Agenda, WIPO’s Gurry Tells Copyright Crowd; Intellectual Property Watch, 6/13/11
William New, Intellectual Property Watch; Time For A Positive Agenda, WIPO’s Gurry Tells Copyright Crowd:
"In remarks that have raised questions among libraries and the information technology industry, World Intellectual Property Organization Director General Francis last week told a copyright industry gathering that it is time to move away from a “negative” agenda of limitations and exceptions to copyright."
"In remarks that have raised questions among libraries and the information technology industry, World Intellectual Property Organization Director General Francis last week told a copyright industry gathering that it is time to move away from a “negative” agenda of limitations and exceptions to copyright."
Tattoo Artist Settles Tyson Dispute With ‘Hangover 2’; New York Times, 6/21/11
Noam Cohen, New York Times; Tattoo Artist Settles Tyson Dispute With ‘Hangover 2’ :
"A lawsuit by a Missouri tattoo artist that threatened to stop the distribution of the blockbuster sequel “Hangover Part II” has been settled, the movie’s studio, Warner Brothers Entertainment, announced this week."
"A lawsuit by a Missouri tattoo artist that threatened to stop the distribution of the blockbuster sequel “Hangover Part II” has been settled, the movie’s studio, Warner Brothers Entertainment, announced this week."
Thursday, June 16, 2011
Whose song is it anyway? Boston Bruins fans co-opt Steelers song; Pittsburgh Post-Gazette, 6/15/11
Dan Majors, Pittsburgh Post-Gazette; Whose song is it anyway? Boston Bruins fans co-opt Steelers song:
"It was at about the same time that the song was noticed by Dan Fleming, 24, an aspiring hip-hop and rap artist from Peabody, Mass., just north of Boston. Fleming writes his own songs, mostly remixes, and posts them on YouTube and Facebook."
"It was at about the same time that the song was noticed by Dan Fleming, 24, an aspiring hip-hop and rap artist from Peabody, Mass., just north of Boston. Fleming writes his own songs, mostly remixes, and posts them on YouTube and Facebook."
Tuesday, June 7, 2011
[Slide Show] Major Works Affected by U.S. Copyright Law; Chronicle of Higher Education, 5/29/11
[Slide Show] Chronicle of Higher Education; Major Works Affected by U.S. Copyright Law
Sunday, June 5, 2011
Lady Gaga Okays Weird Al 'Poker Face' Parody (Video); Billboard via Hollywood Reporter, 6/4/11
Sofia M. Fernandez and Gary Graff, Billboard via Hollywood Reporter; Lady Gaga Okays Weird Al 'Poker Face' Parody (Video) :
"Lady Gaga has given the okay to Weird Al Yankovic to parody her song "Poker Face.""
"Lady Gaga has given the okay to Weird Al Yankovic to parody her song "Poker Face.""
[Podcast] Can You Copyright the Human Body? ; On the Media, 6/3/11
[Podcast] On the Media; Can You Copyright the Human Body? :
"The artist who inked Mike Tyson’s infamous face tattoo unsuccesfully tried to block Warner Brothers from releasing the movie "The Hangover: 2", claiming copyright infringement because the film features a character with a similar face tattoo. The judge thought blocking the film's release would harm too many people financially, but found that the artist would likely win monetary damages at trial. Duke University Law Professor James Boyle says allowing people to copyright human bodies could set a dangerous precedent."
"The artist who inked Mike Tyson’s infamous face tattoo unsuccesfully tried to block Warner Brothers from releasing the movie "The Hangover: 2", claiming copyright infringement because the film features a character with a similar face tattoo. The judge thought blocking the film's release would harm too many people financially, but found that the artist would likely win monetary damages at trial. Duke University Law Professor James Boyle says allowing people to copyright human bodies could set a dangerous precedent."
Thursday, June 2, 2011
Google's YouTube policy for Android users is copyright extremism; Guardian, 5/31/11
Cory Doctorow, Guardian; Google's YouTube policy for Android users is copyright extremism:
"Clearly, YouTube has something the entertainment industry wants – reach. And the entertainment industry has something YouTube wants – popular video. While it's true that the vast majority of video on YouTube is "home-made", or at least not the mainstream content produced by large commercial rights holders, there's no denying that there is lots of infringing material from the big studios and broadcasters up there too."
"Clearly, YouTube has something the entertainment industry wants – reach. And the entertainment industry has something YouTube wants – popular video. While it's true that the vast majority of video on YouTube is "home-made", or at least not the mainstream content produced by large commercial rights holders, there's no denying that there is lots of infringing material from the big studios and broadcasters up there too."
No Progress on Google Book Settlement Talks;Tone Changing? ; Publishers Weekly, 6/1/11
Albanese, A., Publishers Weekly; No Progress on Google Book Settlement Talks; Tone Changing? :
"The parties have made no progress on the underlying copyright dispute behind the lawsuits: whether Google’s scanning and limited display of library books is fair use, or infringement."
"The parties have made no progress on the underlying copyright dispute behind the lawsuits: whether Google’s scanning and limited display of library books is fair use, or infringement."
[Press Release] Former US Register of Copyrights Marybeth Peters Named to Copyright Clearance Center's Board of Directors; CCC, 2/16/11
[Press Release] Copyright Clearance Center; Former US Register of Copyrights Marybeth Peters Named to Copyright Clearance Center's Board of Directors:
"Copyright Clearance Center (CCC) CEO Tracey Armstrong announced the appointment of the just-retired US Register of Copyrights Marybeth Peters to its Board of Directors. With service at the US Copyright Office spanning four decades, Peters adds another seasoned copyright policy expert to CCC."
"Copyright Clearance Center (CCC) CEO Tracey Armstrong announced the appointment of the just-retired US Register of Copyrights Marybeth Peters to its Board of Directors. With service at the US Copyright Office spanning four decades, Peters adds another seasoned copyright policy expert to CCC."
Wednesday, June 1, 2011
[Press Release] Maria Pallante Appointed 12th Register of Copyrights; Library of Congress, 6/1/11
[Press Release] Library of Congress; Maria Pallante Appointed 12th Register of Copyrights:
"Librarian of Congress James H. Billington has appointed Maria A. Pallante as the 12th Register of Copyrights and director of the United States Copyright Office, effective today. Pallante served as the Acting Register for the past five months, following the retirement of Marybeth Peters on December 31, 2010."
"Librarian of Congress James H. Billington has appointed Maria A. Pallante as the 12th Register of Copyrights and director of the United States Copyright Office, effective today. Pallante served as the Acting Register for the past five months, following the retirement of Marybeth Peters on December 31, 2010."
Out of Fear, Colleges Lock Books and Images Away From Scholars; Chronicle of Higher Education, 5/29/11
Marc Parry, Chronicle of Higher Education; Out of Fear, Colleges Lock Books and Images Away From Scholars:
"A library of 8.7 million digital volumes. A trove of 100,000 ocean-science photos. An archive of 57,000 Mexican-music recordings.
A common problem bedevils those different university collections. Wide online access is curtailed, in part because they contain "orphan works," whose copyright owners can't be found. And the institutions that hold the collections—a consortium of major research libraries and the University of California campuses at San Diego and Los Angeles—must deal with legal uncertainty in deciding how to share the works. A university that goes too far could end up facing a copyright-infringement lawsuit."
"A library of 8.7 million digital volumes. A trove of 100,000 ocean-science photos. An archive of 57,000 Mexican-music recordings.
A common problem bedevils those different university collections. Wide online access is curtailed, in part because they contain "orphan works," whose copyright owners can't be found. And the institutions that hold the collections—a consortium of major research libraries and the University of California campuses at San Diego and Los Angeles—must deal with legal uncertainty in deciding how to share the works. A university that goes too far could end up facing a copyright-infringement lawsuit."
Tuesday, May 31, 2011
Pushing Back Against Legal Threats by Putting Fair Use Forward; Chronicle of Higher Education, 5/29/11
Jeffrey R. Young, Chronicle of Higher Education; Pushing Back Against Legal Threats by Putting Fair Use Forward:
"A rarely discussed form of self-censorship happens routinely on college campuses. Professors and graduate students choose not to tackle academic arguments that involve music, movies, or other forms of popular culture. They worry that including relevant clips in their work means the hassle and expense of getting copyright permission for each snippet."
"A rarely discussed form of self-censorship happens routinely on college campuses. Professors and graduate students choose not to tackle academic arguments that involve music, movies, or other forms of popular culture. They worry that including relevant clips in their work means the hassle and expense of getting copyright permission for each snippet."
Supreme Court Takes Up Scholars' Rights; Chronicle of Higher Education, 5/29/11
Marc Parry, Chronicle of Higher Education; Supreme Court Takes Up Scholars' Rights:
"The conductor's fight centers on the concept of the public domain, which scholars depend on for teaching and research. When a work enters the public domain, anyone can quote from it, copy it, share it, or republish it without seeking permission or paying royalties.
The dispute that led to Golan v. Holder dates to 1994, when Congress passed a law that moved vast amounts of material from the public domain back behind the firewall of copyright protection. For conductors like Mr. Golan, that step limited access to canonical 20th-century Russian pieces that had been freely played for years."
"The conductor's fight centers on the concept of the public domain, which scholars depend on for teaching and research. When a work enters the public domain, anyone can quote from it, copy it, share it, or republish it without seeking permission or paying royalties.
The dispute that led to Golan v. Holder dates to 1994, when Congress passed a law that moved vast amounts of material from the public domain back behind the firewall of copyright protection. For conductors like Mr. Golan, that step limited access to canonical 20th-century Russian pieces that had been freely played for years."
What's at Stake in the Georgia State Copyright Case; Chronicle of Higher Education, 5/30/11
Chronicle of Higher Education; What's at Stake in the Georgia State Copyright Case:
"A closely watched trial in federal court in Atlanta, Cambridge University Press et al. v. Patton et al., is pitting faculty, libraries, and publishers against one another in a case that could clarify the nature of copyright and define the meaning of fair use in the digital age...
At issue before the court is the practice of putting class readings on electronic reserve (and, by extension, on faculty Web sites)."
"A closely watched trial in federal court in Atlanta, Cambridge University Press et al. v. Patton et al., is pitting faculty, libraries, and publishers against one another in a case that could clarify the nature of copyright and define the meaning of fair use in the digital age...
At issue before the court is the practice of putting class readings on electronic reserve (and, by extension, on faculty Web sites)."
What You Don't Know About Copyright, but Should; Chronicle of Higher Education, 5/29/11
Jennifer Howard, Chronicle of Higher Education; What You Don't Know About Copyright, but Should:
"If Nancy Sims had to pick one word to describe how researchers, students, and librarians feel about copyright, it would probably be "confused."...
For instance, in a recent informal survey she conducted at the university, only 30 percent or so of the faculty respondents knew the answers to basic questions such as how one gets a copyright and how long it lasts. (Librarians did somewhat better.)"
"If Nancy Sims had to pick one word to describe how researchers, students, and librarians feel about copyright, it would probably be "confused."...
For instance, in a recent informal survey she conducted at the university, only 30 percent or so of the faculty respondents knew the answers to basic questions such as how one gets a copyright and how long it lasts. (Librarians did somewhat better.)"
The Copyright Rebellion; Chronicle of Higher Education, 5/29/11
Chronicle of Higher Education; The Copyright Rebellion:
""Copyright law and publishers' business plans are preventing an enormous educational benefit."
Some academics have had enough. In a special report, The Chronicle looks at university faculty and staff members who are pushing, in court and on campus, to keep teaching and research from being starved of material."
""Copyright law and publishers' business plans are preventing an enormous educational benefit."
Some academics have had enough. In a special report, The Chronicle looks at university faculty and staff members who are pushing, in court and on campus, to keep teaching and research from being starved of material."
From Shelves to Internet: America's Digital Library Takes Shape; Live Science, 5/27/11
Jeremy Hsu, Live Science; From Shelves to Internet: America's Digital Library Takes Shape:
"Palfrey and the library steering committee must also consider how to secure copyright permissions for lending digital materials not in the public domain, so that future library users can enjoy some of the latest best-selling books or Hollywood blockbusters."
"Palfrey and the library steering committee must also consider how to secure copyright permissions for lending digital materials not in the public domain, so that future library users can enjoy some of the latest best-selling books or Hollywood blockbusters."
[Podcast] Cory Doctorow on copyright and piracy: 'Every pirate wants to be an admiral'; Guardian, 5/30/11
[Podcast] Guardian; Cory Doctorow on copyright and piracy: 'Every pirate wants to be an admiral' :
"Blogger and activist Cory Doctorow argues that all new media – from sheet music to cable TV – is accused of piracy by the mainstream ... until it becomes the mainstream."
"Blogger and activist Cory Doctorow argues that all new media – from sheet music to cable TV – is accused of piracy by the mainstream ... until it becomes the mainstream."
British Library creates a "national memory' with digital newspaper archive; Guardian, 5/30/11
Josh Halliday, Guardian; British Library creates a "national memory' with digital newspaper archive:
"The British Library is cautious in its approach to the thorny issue of copyright, initially drawing the line at digitising post-1900 material. The "national memory" still bristles at the mention of James Murdoch, who described himself as "very, very concerned" about the library's plans in May last year. However, archiving a wealth of material from the first world war and Britain's burgeoning suffragette movement remains the ambition."
"The British Library is cautious in its approach to the thorny issue of copyright, initially drawing the line at digitising post-1900 material. The "national memory" still bristles at the mention of James Murdoch, who described himself as "very, very concerned" about the library's plans in May last year. However, archiving a wealth of material from the first world war and Britain's burgeoning suffragette movement remains the ambition."
Tuesday, May 24, 2011
Citing Public Interest, Judge Rules for ‘Hangover II’; New York Times, 5/24/11
Noam Cohen, New York Times; Citing Public Interest, Judge Rules for ‘Hangover II’:
"A federal judge on Tuesday allowed the movie “Hangover Part II” to be released for the Memorial Day weekend, rejecting a request by a tattoo artist who says that the movie violates his copyright by using a face tattoo he made for Mike Tyson on a central character in the movie."
"A federal judge on Tuesday allowed the movie “Hangover Part II” to be released for the Memorial Day weekend, rejecting a request by a tattoo artist who says that the movie violates his copyright by using a face tattoo he made for Mike Tyson on a central character in the movie."
Doctors and dentists tell patients, "all your review are belong to us"; ArsTechnica.com, 5/24/11
Timothy B. Lee, ArsTechnica.com; Doctors and dentists tell patients, "all your review are belong to us" :
"The agreement that Dr. Cirka's staff asked me to sign on that February morning began by claiming to offer stronger privacy protections than those guaranteed by HIPAA, the 1996 law that governs patient privacy in the United States. In exchange for this extra dollop of privacy, it asked me to "exclusively assign all Intellectual Property rights, including copyrights" to "any written, pictorial, and/or electronic commentary" I might make about Dr. Cirka's services, including on "web pages, blogs, and/or mass correspondence," to Dr. Cirka. It also stipulated that if Dr. Cirka were to sue me due to a breach of the agreement, the prevailing party in the litigation will pay the loser's legal fees."
"The agreement that Dr. Cirka's staff asked me to sign on that February morning began by claiming to offer stronger privacy protections than those guaranteed by HIPAA, the 1996 law that governs patient privacy in the United States. In exchange for this extra dollop of privacy, it asked me to "exclusively assign all Intellectual Property rights, including copyrights" to "any written, pictorial, and/or electronic commentary" I might make about Dr. Cirka's services, including on "web pages, blogs, and/or mass correspondence," to Dr. Cirka. It also stipulated that if Dr. Cirka were to sue me due to a breach of the agreement, the prevailing party in the litigation will pay the loser's legal fees."
The GSU Lawsuit: You Don't Know How Lucky You Are | Peer to Peer Review; Library Journal, 5/19/11
Barbara Fister, Library Journal; The GSU Lawsuit: You Don't Know How Lucky You Are | Peer to Peer Review:
"Three publishers—Sage, Cambridge, and Oxford University Press—want to return us to those good old days, only without any subtlety about fair use or four factors tests. The lawsuit (partly funded by the copyright fees that we pay to the Copyright Clearance Center) that pits scholarly presses against a university and its library and, by extension, the faculty and students who use their e-reserves system, has gone to trial, and the outcome the publishers have demanded, if they prevail, would seriously turn the clock back."
"Three publishers—Sage, Cambridge, and Oxford University Press—want to return us to those good old days, only without any subtlety about fair use or four factors tests. The lawsuit (partly funded by the copyright fees that we pay to the Copyright Clearance Center) that pits scholarly presses against a university and its library and, by extension, the faculty and students who use their e-reserves system, has gone to trial, and the outcome the publishers have demanded, if they prevail, would seriously turn the clock back."
Saturday, May 21, 2011
On Tyson’s Face, It’s Art. On Film, a Legal Issue; New York Times, 5/20/11
Noam Cohen, New York Times; On Tyson’s Face, It’s Art. On Film, a Legal Issue:
"The range of material that individuals and businesses are seeking to get copyright protection for has only been expanding, often at the insistence of movie studios. Mattel has gone to court to assert the copyright of the face of its Barbie doll; fashion companies have been lobbying Congress to pass a law to protect unique, nontrivial new designs. And trademark, which is governed by different laws and is much more contextual, has been used by athletes and coaches to get a measure of control over terms like “three-peat” or “Revis Island.”"
"The range of material that individuals and businesses are seeking to get copyright protection for has only been expanding, often at the insistence of movie studios. Mattel has gone to court to assert the copyright of the face of its Barbie doll; fashion companies have been lobbying Congress to pass a law to protect unique, nontrivial new designs. And trademark, which is governed by different laws and is much more contextual, has been used by athletes and coaches to get a measure of control over terms like “three-peat” or “Revis Island.”"
Friday, May 20, 2011
Photographers Respond to Lady Gaga's New Copyright Demands; Rolling Stone, 3/7/11
Matthew Perpetua, Rolling Stone; Photographers Respond to Lady Gaga's New Copyright Demands:
"Lady Gaga is now demanding that photographers surrender the copyright of photos taken at her concerts – and photographers are incensed."
"Lady Gaga is now demanding that photographers surrender the copyright of photos taken at her concerts – and photographers are incensed."
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