Aliens Have Landed, Hoping To License All Of Humanity's Music; All Songs Considered, 7/9/12

Bob Boilen, All Songs Considered; Aliens Have Landed, Hoping To License All Of Humanity's Music: "This just in: Aliens from pretty far away have been listening to music from Earth for the past 35 years. As it turns out, the planet's only redeeming quality is our music. From a legal standpoint this is great news, the biggest copyright violation since forever. That's the first thing you want to know about Rob Reid's smart and wacky novel Year Zero, out this week."

Q&A: Troubleshooting Video Problems in Facebook; New York Times, 10/26/12

J.D. Biersdorfer, New York Times; Q&A: Troubleshooting Video Problems in Facebook: "Q.I recently uploaded a video I had shot to Facebook. It took forever to finish uploading and I got a screen that said it was “processing” my file — but then the whole thing disappeared. What’s the deal? A.Check Facebook’s technical requirements for uploaded videos first to make sure your clip is in a compatible format. Although random technical difficulties on either end may have caused a problem with the file or the uploading process, Facebook does note that videos can be removed after uploading if they contain copyrighted material. This includes video clips copyrighted by other people or organizations that you may have uploaded."

Justices Weigh Case on Imported Textbooks; New York times, 10/29/12

Liptak, A., New York Times; Justices Weigh Case on Imported Textbooks: "The general rule for products made in the United States is that the owners of particular copies can do what they like with them. If you buy a book or record made in the United States, for instance, you are free to lend it or sell it as you wish. The question for the justices was whether that rule, called the first-sale doctrine, also applies when the works in question were made abroad. The answer turns on a phrase in the Copyright Act, which appears to limit the first-sale doctrine to works “lawfully made under this title.”... Much of the argument concerned what lawyers call the “parade of horribles” — the hypothetical problems that might follow a ruling in favor of one side or the other."

What You Need to Know About Kirtsaeng v. Wiley; Chronicle of Higher Education, 10/12

Chronicle of Higher Education; What You Need to Know About Kirtsaeng v. Wiley: "Many college students resell their textbooks online. But Supap Kirtsaeng turned textbooks into a profit machine, and his homegrown business is now at the center of a lawsuit that some observers call the most important copyright case in nearly a decade. The U.S. Supreme Court heard arguments in the case on Monday. Here's a guide to what the case means, and how it could send ripples far beyond college campuses."

Supreme Court Appears Divided on Copyright Case Affecting Libraries and Publishers; Chronicle of Higher Education, 10/29/12

Jennifer Howard, Chronicle of Higher Education; Supreme Court Appears Divided on Copyright Case Affecting Libraries and Publishers: "The U.S. Supreme Court heard oral arguments on Monday morning in a key copyright-infringement case, with justices asking pointed questions about the resale and reuse of protected works. Many of the questions homed in on possible consequences for individual buyers as well as libraries and other institutions, but did not suggest which way the court was leaning. The outcome of the lawsuit, Kirtsaeng v. John Wiley & Sons (No. 11-697), has significant implications for publishers, academic libraries, and almost anyone who resells, lends, or displays copyrighted material made and bought outside the United States. The case centers on a dispute over textbooks produced by Wiley for foreign markets."

Victory for HathiTrust and Fair Use; Columbia Science and Technology Law Review; 10/23/12

Rachel Bandli, Columbia Science and Technology Law Review; Victory for HathiTrust and Fair Use: "The Authors Guild, Inc. v. HathiTrust, decided earlier this month, marks the second victory this year for fair use of copyrighted works for scholarly purposes (the first being Cambridge University Press v. Becker). In an opinion issued by Judge Baer, the United States District Court for the Southern District of New York granted HathiTrust’s motion for summary judgment, allowing HathiTrust to continue its current use of copyrighted works."

Sony Sued Over William Faulkner Quote in 'Midnight in Paris'; Hollywood Reporter, 10/25/12

Alex Ben Block, Hollywood Reporter; Sony Sued Over William Faulkner Quote in 'Midnight in Paris' : "Sony Pictures Classics and a group of unnamed movie exhibitors have been sued by the owners of the rights to the literary works of the late William Faulkner because a quote from one of his books was used by Woody Allen in the hit 2011 movie Midnight In Paris... In a statement, a representative for the studio said: “This is a frivolous lawsuit and we are confident we will prevail in defending it. There is no question this brief reference (10 words) to a quote from a public speech Faulkner gave constitutes fair use and any claim to the contrary is without merit.”"

Library Associations Brace for First Sale Fight with Owners’ Rights Lobby Effort; Library Journal, 10/23/12

Meredith Schwartz, Library Journal; Library Associations Brace for First Sale Fight with Owners’ Rights Lobby Effort: "The American Library Association (ALA) and the Association of Research Libraries (ARL) today teamed up with 17 other associations, retailers, and charities to launch a new coalition called the Owners’ Rights Initiative (ORI). ORI is an “informal alliance of stakeholders” that will defend the first sale doctrine, which allows libraries to lend books and other materials, as well as individual owners to resell them. The doctrine is under attack in the case of Kirtsaeng vs. Wiley, for which the Supreme Court will hear oral arguments on October 29. Among ORI’s other members are eBay, Overstock, Powell’s Books, textbook buyer and seller Chegg, movie rental company Redbox, Goodwill, and Quality King Distributors, which is notable as the prevailing party in Quality King Distributors v. L’anza Research International, in which the Supreme Court in 1998 held that the first sale doctrine prevents copyright owners from controlling the importation of copyrighted goods sold outside the United States. (Notable for its absence is Costco, which was a party to the split decision Costco v. Omega case that raised similar issues.)"

Teachers make extra money selling materials on the Web; Pittsburgh Post-Gazette, 10/20/12

Donna Gordon Blankinship, Associated Press via Pittsburgh Post-Gazette; Teachers make extra money selling materials on the Web: "While most characterize these sites as an inexpensive way for teachers to supplement textbook materials, some teachers may get pushback from administrators for their entrepreneurial efforts. Seattle Public Schools recently revised its ethics policy, with the new policy prohibiting teachers from selling anything they developed on district time, district spokeswoman Teresa Wippel said. "Anything created on their own time could also cross a gray line, depending on the item and how closely tied it is to classroom work," she said. Teacherspayteachers.com currently has about 300,000 items for sale plus more than 50,000 free items. All told, more than 1 million teachers have bought or sold items on teacherspayteachers.com since it began. After paying the site fees, teachers have collectively earned more than $14 million on the site since it was founded."

Start Nears on Plan to Combat Online Infringement; New York Times, 10/18/12

Ben Sisario, New York Times; Start Nears on Plan to Combat Online Infringement: "Last year, five major Internet service providers and the big entertainment trade organizations announced a joint plan to fight illegal downloading through what might be called a strategy of annoyance. Instead of suing people suspected of copyright infringement, as the record labels have in the past, they would prod and poke people into good behavior through a “six strikes” system that escalate from friendly notices in their e-mail to, ultimately, throttled Internet access. Progress has been slow on the project, called the Copyright Alert System, since it was announced 15 months ago. But in a blog post Thursday, the group created to carry out the process said it would finally begin “over the course of the next two months.”"

Warner wins key victory in Superman battle; Los Angeles Times, 10/17/12

Ben Fritz, Los Angeles Times; Warner wins key victory in Superman battle: "In a crucial legal victory for the Burbank studio, a federal judge in Los Angeles on Wednesday denied an effort by the heirs of Superman co-creator Joseph Shuster to reclaim their 50% interest in the world’s most famous superhero."

Kim Dotcom plans Megaupload reboot; Sydney Morning Herald, 10/12/12

Nick Perry, Sydney Morning Herald; Kim Dotcom plans Megaupload reboot: "Jennifer Granick, the director of civil liberties at the Stanford University law school's Centre for Internet and Society, said Dotcom's case marks the first time the US has attempted to hold somebody criminally liable for copyright infringement committed by others. She said prosecutors are pushing at the boundaries of the law. "It makes the substantive underpinnings of the case highly questionable, legally," Granick said. "It's a novel case.""

Dealing fairly with freelances; Guardian, 10/11/12

Guardian; Dealing fairly with freelances: "Designed to balance the rights of individual freelances with the needs of GNM as an international, multi-platform media concern, the charter initiative stemmed mainly from the longstanding desire of GNM to achieve the highest possible ethical standards in its dealings with contributors, for example by standardising GNM commissioning practice, settling the thorny issue of copyright ownership, and improving payment times to contributors. To emphasise GNM's openness in its freelance relations, the charter is a public document available on our website. It sets out in a detailed but understandable way the terms and conditions under which GNM engages freelances, including the commissioning process, minimum fees, payment terms, rejected work, expenses policy, ethical considerations, etc. Importantly, the charter also outlines our standard copyright terms. In the majority of cases, freelances retain the copyright in their contribution and grant GNM a clearly-defined licence that enables it to undertake its publishing and commercial activities."

Immortal Images of Native Americans; New York Times, 10/12/12

Timothy Egan, New York Times; Immortal Images of Native Americans: "The great task broke Curtis. He died alone, a pauper, in a tiny apartment. He lost the copyright of his work to J.P. Morgan, and ultimately to the public domain. Today, there are fewer than 300 of the completed, intact, 20-volume sets in existence. History, as with many great artists, has been kind to him: A few days ago, a single set sold for $1.44 million in an auction at Swann Galleries — fetching more than any other single lot there in 70 years."

Judge Says Fair Use Protects Universities in Book-Scanning Project; Wired.com, 10/10/12

David Kravets, Wired.com; Judge Says Fair Use Protects Universities in Book-Scanning Project: "Fair use is a defense to copyright infringement and may be invoked for purposes such as criticism, commentary, news reporting, teaching, scholarship or research, the judge noted. He said the Americans With Disabilities Act (ADA) also played a major factor. “Although I recognize that the facts here may on some levels be without precedent, I am convinced that they fall safely within the protection of fair use such that there is no genuine issue of material fact,” Baer wrote... Under terms of the trust, full-text searching is only available to works in the public domain. Copyrighted works in the trust require consent from the rights holder. If consent is not granted, a search query only indicates the page number in a work on which a searched term is found."

‘U’ wins copyright lawsuit against Hathitrust digitalization project; Michigan Daily, 10/11/12

Austen Hufford, Michigan Daily; ‘U’ wins copyright lawsuit against Hathitrust digitalization project: "The judge wrote that the case may set an important precedent for future digital copyright laws, noting there are comparatively few prior standards regarding digitization and its fair use. “I cannot imagine a definition of fair use that would not encompass the transformative uses made by (the Hathitrust program) and would require that I terminate this invaluable contribution to the progress of science … ” Baer wrote. When someone uses the database to search a word in a copyrighted book, the full text is not available; only the page number and number of occurrences in the book is shown. The defendants claimed this does not infringe on copyright law because copyrighted books cannot be read in their entirety through the Hathitrust system. The system is also used for preserving physical texts in case the originals are somehow lost or destroyed. It already contains nearly 10 million volumes and about 73 percent of those are copyrighted, the ruling stated."

Russian Social Network vKontakte Held Liable For Copyright Infringement A Second Time; Intellectual Property Watch, 10/12/12

Daria Kim, Intellectual Property Watch; Russian Social Network vKontakte Held Liable For Copyright Infringement A Second Time: "This week, the Arbitration Court of St. Petersburg and Leningradskaya Oblast announced a decision holding vKontakte, the Russian largest social network, liable for copyright infringement. This is the second case between the parties in which the court sided with the right holder following a decision earlier this year."

Judge Hands HathiTrust Digital Repository a Win in Fair-Use Case; Chronicle of Higher Education, 10/10/12

Jennifer Howard, Chronicle of Higher Education; Judge Hands HathiTrust Digital Repository a Win in Fair-Use Case: "Academic libraries’ indexing of digitized works counts as fair use. So says the federal judge overseeing a major copyright-infringement lawsuit brought last year by the Authors Guild against the HathiTrust digital repository and its university partners."

Your right to resell your own stuff is in peril; Market Watch, 10/7/12

Jennifer Waters, Market Watch; Your right to resell your own stuff is in peril: "At issue in Kirtsaeng v. John Wiley & Sons is the first-sale doctrine in copyright law, which allows you to buy and then sell things like electronics, books, artwork and furniture, as well as CDs and DVDs, without getting permission from the copyright holder of those products. Under the doctrine, which the Supreme Court has recognized since 1908, you can resell your stuff without worry because the copyright holder only had control over the first sale."

Stan Lee Media sues Disney for billions over Marvel characters; ComicBookResources.com, 10/10/12

Kevin Melrose, ComicBookResources.com; Stan Lee Media sues Disney for billions over Marvel characters: "Undeterred by numerous legal setbacks, failed dot-com Stan Lee Media on Tuesday filed a $5.5 billion copyright-infringement lawsuit against Disney, claiming the entertainment giant doesn’t actually own the Marvel characters featured in such blockbuster films as The Avengers, X-Men: First Class and Thor, and the Broadway musical Spider-Man: Turn Off the Dark. The dollar amount reflects the estimated revenue from box-office receipts, licensing and merchandising dating back three years, the statute of limitations for copyright infringement."

Man who defaced Tate Modern's Rothko canvas says he's added value; Guardian, 10/7/12

Ben Quinn, Guardian; Man who defaced Tate Modern's Rothko canvas says he's added value: "On Sunday night, a man who identified himself as Vladimir Umanets, and answering a phone number provided for an exhibition of "yellowism", said he was responsible for the incident at the Tate Modern and had done so in order to draw attention to what was going on in contemporary art. "I believe that if someone restores the [Rothko] piece and removes my signature the value of the piece would be lower but after a few years the value will go higher because of what I did," he said, comparing himself to Marcel Duchamp, the French artist who shocked the art establishment when he signed a urinal and put it on display in 1917."

Do patent and copyright law restrict competition and creativity excessively? Posner; Becker-Posner Blog, 9/30/12

Becker-Posner Blog; Do patent and copyright law restrict competition and creativity excessively? Posner: "The most serious problem with copyright law is the length of copyright protection, which for most works is now from the creation of the work to 70 years after the author’s death. Apart from the fact that the present value of income received so far in the future is negligible, obtaining copyright licenses on very old works is difficult because not only is the author in all likelihood dead, but his heirs or other owners of the copyright may be difficult or even impossible to identify or find. The copyright term should be shorter."

Google Deal Gives Publishers a Choice: Digitize or Not; New York Times, 10/4/12

Miller, C. New York Times; Google Deal Gives Publishers a Choice: Digitize or Not: ""The settlement does not answer the question at the heart of the litigation between Google and publishers and authors — whether Google is infringing copyright by digitizing books. It essentially allows both sides to agree to disagree, and gives publishers the right to keep their books out of Google’s reach. “We’re very pleased because the settlement acknowledges the rights and interests of copyright holders and publishers, and whether they’re going to make their rights available,” said Tom Allen, chief executive of the Association of American Publishers. But the bigger case, between Google and the Authors Guild, remains tied up in court. An agreement between those two parties will determine whether Google can move forward with its broader, more ambitious digitizing plan. “That’s the lawsuit with high stakes,” Mr. Grimmelmann said... The settlement also did not address the difficult issue of so-called orphan works — those that are still under copyright but whose copyright holder or author cannot be found.""

ALA President Talks to Publishers at AAP Event in NYC; Info Docket, 9/27/12

Matt Enis and Gary Price, Info Docket; ALA President Talks to Publishers at AAP Event in NYC: "American Library Association President Maureen Sullivan spoke to about 100 publishers this week during an Association of American Publishers event in New York. The presentation struck a more placatory tone than Sullivan’s open letter to publishers regarding the current state of ebook access in libraries. Sent just days earlier, it began by arguing that “it’s a rare thing in a free market when a customer is refused the ability to buy a company’s product and is told its money is ‘no good here.’ Surprisingly, after centuries of enthusiastically supporting publishers’ products, libraries find themselves in just that position with purchasing e-books from three of the largest publishers in the world.” Instead, Sullivan began the speech by emphasizing the history of cooperation between libraries and publishers, and noting that both fields are attempting to address “a time of extensive change in how content is created, distributed, read, and used.”"

Maintaining relevance in a changing world: an interview with WIPO Director General Francis Gurry; WIPO Magazine, September 2012

WIPO Magazine; Maintaining relevance in a changing world: an interview with WIPO Director General Francis Gurry: "Ahead of WIPO's annual meeting of member states from October 1 to 9, 2012, Director General Francis Gurry shared his views with WIPO Magazine about some of the key challenges and opportunities that are likely to influence the future evolution of the international intellectual property (IP) system."

The Bruce Willis dilemma? In the digital era, we own nothing; Guardian, 9/3/12

Dan Gillmor, Guardian; The Bruce Willis dilemma? In the digital era, we own nothing: "The entertainment industry is rapidly steering us all toward a stream-from-the-cloud model, in which we buy the right to watch or listen or read, but where the rights are limited in time and device. This pay-per-view world would make even Willis's dilemma moot, because he'd never own anything – which makes it the most dangerous model of all for users of digital content. I use some cloud services, but I buy and back up (legally or not) the things I want to keep. Since the publishers, record labels and movie studios are unlikely to permit sanity in the digital marketplace, and given lawmakers' propensity for following the industry's dictates in passing increasingly draconian copyright laws, it's up to the rest of us to come up with solutions."

What's so funny about Gangnam Style?; Guardian, 9/24/12

Arwa Mahdawi, Guardian; What's so funny about Gangnam Style? : "Psy has produced a video that is born to spawn and has further facilitated this by waiving his copyright. This stands in high contrast to many western hip-hop stars who have been slow to relinquish control of their "intellectual" property in the same way (take Jay-Z's Empire State of Mind, for example, which quickly generated a host of YouTube tributes that were quickly removed by EMI). Psy's relaxed attitude to his tributes has meant that Gangnam Style has already enjoyed a prolific after-life. Everyone has made their own version, which only adds to the success of the original. Nevertheless, I can't help thinking that there is a slightly odd dynamic at work in this mimicry. For one thing, Gangnam Style is itself a parody. If a spoof spoofs a spoof then what's that spoof spoofing? What, exactly, is the source of all that hilarity?"

All the TV News Since 2009, on One Web Site; New York Times, 9/17/12

Bill Carter, New York Times; All the TV News Since 2009, on One Web Site: "The latest ambitious effort by the archive, which has already digitized millions of books and tried to collect everything published on every Web page for the last 15 years (that adds up to more than 150 billion Web pages), is intended not only for researchers, Mr. Kahle said, but also for average citizens who make up some of the site’s estimated two million visitors each day... The act of copying all this news material is protected under a federal copyright agreement signed in 1976. That was in reaction to a challenge to a news assembly project started by Vanderbilt University in 1968."

Cambodia arrests Pirate Bay co-founder; Yahoo News, 9/3/12

Sopheng Cheang, Yahoo News; Cambodia arrests Pirate Bay co-founder:

"A co-founder of popular file sharing website The Pirate Bay was arrested in Cambodia at the request of Sweden, where he faces a one-year prison term for violating copyright laws, authorities said Monday.

Cambodian authorities arrested Gottfrid Svartholm Warg on Thursday at a home he had rented in the capital, Phnom Penh, said national police spokesman Kirth Chantharith."

Another Pop Group Tells Romney to Stop Using Its Song; New York Times, 8/16/12

James C. McKinley, Jr., New York Times; Another Pop Group Tells Romney to Stop Using Its Song:

"A publicist for the Silversun Pickups said the band does not agree that the use of the song is covered under the blanket licenses. Copyright experts say such licenses, usually bought by restaurants and other businesses that play recorded music, do protect the campaign from many copyright complaints, but a politician can still be sued under the federal trademark law for false advertising if the use of the song implies that the musician has endorsed the candidate."

Divergent Approaches To Copyright Reform Emerge In Europe; Intellectual Property Watch, 8/3/12

Dugie Standeford, Intellectual Property Watch; Divergent Approaches To Copyright Reform Emerge In Europe:

"Two very different views of copyright reform emerged this week, one from a report commissioned by the UK government, the other from a French citizens’ advocacy group. The former envisions an intricately linked system of digital rights exchanges and databases to streamline copyright licensing, the latter broad, “non-market” sharing of protected works between individuals, among other things. Whether either approach is feasible remains to be seen, and, as always, the devil’s in the details, lawyers say."

France will cut funding to its piracy police; paidContent, 8/3/12

Robert Andrews, paidContent; France will cut funding to its piracy police:

"France’s new culture minister is not yet promising to disband the country’s internet piracy enforcement agency, Hadopi. But she already is already planning to cut its budget and to dissuade it from kicking people off the internet."

With Key Filings in, Trials Loom In Google Book Cases; Publishers Weekly, 8/3/12

Andrew Albanese, Publishers Weekly; With Key Filings in, Trials Loom In Google Book Cases:

"With the battle lines now drawn, how is the fight shaping up? At this stage, observers say, the Authors Guild may be facing an uphill charge. “Google and HathiTrust have made a compelling case that digitization to support full-text search and long-term preservation is a fair use,” New York Law School professor James Grimmelmann told PW. On the other hand, he notes, in the HathiTrust case at least, the Authors Guild has simply not made “a convincing case” that there is harm to the copyright owners."

WIPO Still On Course For Instruments On Copyright Exceptions, Broadcasting; Intellectual Property Watch, 12

William New, Intellectual Property Watch; WIPO Still On Course For Instruments On Copyright Exceptions, Broadcasting:

"The World Intellectual Property Organization late last night reached agreement on a timeline for completing treaties – or instruments – on a range of copyright exceptions, including the possibility of a high-level negotiation for visually impaired and blind readers in 2013...

The 24th WIPO Standing Committee on Copyright and Related Rights (SCCR) met from 16-25 July.

The meeting addressed emerging instruments on broadcasters’ rights, and exceptions for visually impaired persons, libraries and archives, and educational and research institutions.

The conclusions document from the meeting shows the timelines of the different topics over the next biennium. The conclusions document is available here [pdf]."

An Upstart Free Course Provider Holds a Cookout to Meet Its Students; Chronicle of Higher Education, 7/29/12

Jeffrey R. Young, Chronicle of Higher Education; An Upstart Free Course Provider Holds a Cookout to Meet Its Students:

"Call it a "massive open cookout." Coursera, a company that is working with more than a dozen elite universities to help them run MOOC's, or massive open online courses, held its first official "meetup" here on Saturday for students and professors to connect in person over burgers, chips, and soda.

It was a chance for even the company itself to learn more about what motivates students to take its courses, which bear no official academic credit.

With some 900,000 students registered for its courses, everything the small company does seems to get big quickly. More than 1,100 people signed up for the cookout, and in the end about 650 made the trip".

Google Books hasn't cost authors a dime, company says; ArsTechnica.com, 7/27/12

Cyrus Farivar, ArsTechnica.com; Google Books hasn't cost authors a dime, company says:

"On Friday, Google filed for summary judgment in the Google Books case against the Authors' Guild, renewing its argument that the entire project constitutes fair use. That company argues therefore that it does not need permission from authors in order to scan substantial portions of their work...

More substantially, Google argues that Google Books is a transformative work, and that the company "copied no more of the books than was necessary to create a searchable index, and displays no more of the works than is necessary to allow readers to determine whether the book might be of interest to them."

Disruptions: Innovations Snuffed Out by Craigslist; New York Times, 7/29/12

Nick Bilton, New York Times; Disruptions: Innovations Snuffed Out by Craigslist:

"“The listings are already out there. We’re finding them already on the Web and organizing them so other people don’t have to do the same thing twice,” said Greg Kidd, the chief executive of 3Taps. “And we’re not breaking any laws because we are pulling in the facts from the listing; everyone knows you can’t copyright facts.” Craigslist also named 3Taps in the lawsuit filed last week.

As intellectual property lawyers will tell you, Mr. Kidd is not off base: facts, like those in classified listings, cannot be copyrighted.

So why hasn’t anyone managed to unseat Craigslist, a site that has barely changed in close to two decades?

It has dug an effective moat by cultivating an exaggerated image of “doing good” that keeps its customers loyal, while behind the scenes, it bullies any rivals that come near and it stifles innovation."

How Fair Use Can Help Solve the Orphan Works Problem; 6/18/12

Jennifer Urban, Berkeley Technology Law Journal; How Fair Use Can Help Solve the Orphan Works Problem:

"This Article argues that legislation is not necessary to enable some uses of orphan works by nonprofit libraries and archives. Instead, the fair use doctrine in United States copyright law provides a partial solution. The Article addresses three basic questions: first, does fair use provide a viable basis on which libraries might digitize orphans? Second, does fair use provide a viable basis on which to make these orphans available to patrons or the public? Third, more generally, can or should fair use do any additional work in infringement analysis where the copyrighted work in question is an orphan?

The answer to each of these questions is yes."

The World's Nicest Cease-And-Desist Letter Ever Goes Viral, Sells Books; Forbes, 7/26/12

Avi Dan, Forbes; The World's Nicest Cease-And-Desist Letter Ever Goes Viral, Sells Books:

"Companies go to great lengths to protect their trademarks. The standard response for copyright infringement is to send a letter from a lawyer and threaten to sue. But the people at Jack Daniel’s, one of America’s most iconic brands, opted for true southern hospitality toward Patrick Wensink, an obscure Louisville-based author of a new satirical novel, Broken Piano For President."

In Sweden, Taking File Sharing to Heart. And to Church; New York Times, 7/25/12

John Tagliabue, New York Times; In Sweden, Taking File Sharing to Heart. And to Church:

"People almost everywhere are file sharing these days, using computers to download music, films, books or other materials, often ignoring copyrights. In Sweden, however, it is a religion. Really.

Even as this Scandinavian country, like other nations across Europe, bows to pressure from big media concerns to stop file sharing, a Swedish government agency this year registered as a bona fide religion a church whose central dogma is that file sharing is sacred.

“For me it is a kind of believing in deeper values than worldly values,” said Isak Gerson, a philosophy student at Uppsala University who helped found the church in 2010 and bears the title chief missionary. “You have it in your backbone.”

Kopimism — the name comes from a Swedish spelling of the words “copy me” — claims more than 8,000 faithful who have signed up on the church’s Web site. It has applied for the right to perform marriages and to receive subsidies awarded to religious organizations by the state, and it has bid, thus far unsuccessfully, to buy a church building, even though most church activities are conducted online...

“I think we see it as a theological remix,” Mr. Gerson said. “Christianity took from Judaism and turned it into something new, and the Muslims did the same. We are part of a tradition.”"

Why Do the Chinese Copy So Much?; International Herald Tribune, 7/25/12

Didi Kirsten Tatlow, International Herald Tribune; Why Do the Chinese Copy So Much? :

"As news spread in Austria and around the world that a copy of the medieval town’s market square, a church and other important buildings had been erected in Boluo, Guangdong province (part of a bigger development designed to attract wealthy buyers to expensive villas built by Minmetals Land), a debate began in media and in private conversations: Was it OK for the Chinese to do this? And why do they copy so much, anyway?

As I report in my latest Page Two column, the Chinese didn’t ask permission: five Chinese architects walked around incognito, photographing the town, then returned to Boluo where the town square was copied at high speed.

And it’s not just a question of architecture and iPads.

In China, academic journals are riddled with plagiarism."

If Three Constitutes Company, Add Lawyers to Make It a Crowd; New York Times, 7/17/12

Patrick Healy, New York Times; If Three Constitutes Company, Add Lawyers to Make It a Crowd:

"Most playwrights have jitters on opening night, but David Adjmi was in a panic amid the festivities last month for “3C,” his darkly comic deconstruction of the 1970s sitcom “Three’s Company.” That same day he learned that the copyright owner of “Three’s Company” had sent a cease-and-desist letter to the play’s producers charging that Mr. Adjmi had infringed on the copyright by borrowing so many elements from the TV series, including its premise about a man who pretends to be gay to live with two female roommates.

The show went on — but the copyright fight remains far from resolved.

At issue is whether “3C” is enough of a parody of “Three’s Company” to be protected under First Amendment exceptions to copyright law — specifically, under the legal doctrine of fair use, which allows artists to use copyrighted work to lampoon or critique the material, as the international hit “Forbidden Broadway” has done for years with its sendups of famous musicals."

Survey Shows Growing Strength of E-Books; New York Times, 7/18/12

Julie Bosman, New York Times; Survey Shows Growing Strength of E-Books:

"E-books continued their surge in 2011, surpassing hardcover books and paperbacks to become the dominant format for adult fiction last year, according to a new survey of publishers released Wednesday...

Over all, digital books kept up their explosive growth in 2011, the survey confirmed. Publishers’ net revenue from sales of e-books more than doubled last year, reaching $2.07 billion, up from $869 million in 2010. E-books accounted for 15.5 percent of publishers’ revenues."

Yes, video of Obama belting out "I'm so in love with you" is fair use; ArsTechnica.com, 7/17/12

Timothy B. Lee, ArsTechnica.com; Yes, video of Obama belting out "I'm so in love with you" is fair use:

"The music publisher BMG Rights Management appears to have used the DMCA takedown process to remove another video of the commander-in-chief belting out "I'm so in love with you." The video, one of many uploaded in the wake of an event at the Apollo Theater earlier this year, was made by YouTube user sNewsCast...

Unfortunately, the law doesn't give YouTube much latitude to stand up for fair use if it wants to hold onto the protection of the DMCA safe harbor. The notice-and-takedown procedure requires YouTube to leave an allegedly infringing work offline for at least 10 days, even if the uploader files a counter-notice stating that the work is not infringing."

Music publisher uses DMCA to take down Romney ad of Obama crooning; ArsTechnica, 7/16/12

Timothy B. Lee, ArsTechnica; Music publisher uses DMCA to take down Romney ad of Obama crooning:

"But YouTube chief counsel Zahavah Levine fired back with a letter pointing out that trying to assess fair use on a case-by-case basis at YouTube's scale would be extremely difficult. In many cases, YouTube doesn't even have the information it would need to assess whether a particular clip is fair use. Given that declining to take down a clip could expose the site to liability, YouTube has decided to play it safe and comply with the DMCA's takedown procedure. No exceptions, even for presidential candidates.

In 2008, YouTube expressed the hope that whichever candidate won the White House would help to reform the DMCA's takedown process to avoid this kind of problem. Unfortunately, that didn't happen. Instead, Congress nearly passed the Stop Online Piracy Act, which would have given incumbent copyright holders even broader powers to take down content they didn't like."

Universities Reshaping Education on the Web; New York Times, 7/17/12

Tamar Lewin, New York Times; Universities Reshaping Education on the Web:

"As part of a seismic shift in online learning that is reshaping higher education, Coursera, a year-old company founded by two Stanford University computer scientists, will announce on Tuesday that a dozen major research universities are joining the venture. In the fall, Coursera will offer 100 or more free massive open online courses, or MOOCs, that are expected to draw millions of students and adult learners globally...

This is the tsunami,” said Richard A. DeMillo, the director of the Center for 21st Century Universities at Georgia Tech. “It’s all so new that everyone’s feeling their way around, but the potential upside for this experiment is so big that it’s hard for me to imagine any large research university that wouldn’t want to be involved.”"

More Copyright Treaties Sprouting At WIPO; Intellectual Property Watch, 7/16/12

William New, Intellectual Property Watch; More Copyright Treaties Sprouting At WIPO:

"Flush with the success of last month’s agreement on a new treaty on audiovisual performances, World Intellectual Property Organization members this week are propagating other possible legal instruments on aspects of copyright. Mainly under consideration this week are exceptions to copyright, along with broadcasters’ rights, and on the first day of the meeting, new proposals emerged on exceptions for educational and research institutions."

Reforming Copyright Is Possible; Chronicle of Higher Education, 7/9/12

Pamela Samuelson, Chronicle of Higher Education; Reforming Copyright Is Possible:

"The failure of the Google Book settlement, however, has not killed the dream of a comprehensive digital library accessible to the public. Indeed, it has inspired an alternative that would avoid the risks of monopoly control. A coalition of nonprofit libraries, archives, and universities has formed to create a Digital Public Library of America, which is scheduled to launch its services in April 2013. The San Francisco Public Library recently sponsored a second major planning session for the DPLA, which drew 400 participants. Major foundations, as well as private donors, are providing financial support. The DPLA aims to be a portal through which the public can access vast stores of knowledge online. Free, forever."

Even at a Comics Event, You Can’t Defy Gravitas; New York Times, 7/13/12

Michael Cieply, New York Times; Even at a Comics Event, You Can’t Defy Gravitas:

"Topics for panels at this year’s conference at the San Diego Convention Center include comics and the plight of indigenous peoples, feminist writers and censorship, progressive politics in comics and of course the many financial and copyright issues created by the explosion in Hollywood’s interest.

As a certain archvillain might ask: Why so serious?

“It’s frightening,” said Lisa Vizcarra, a science teacher at Carquinez Middle School in Crockett, Calif. Ms. Vizcarra, who seemed to set the day’s tone, was speaking to a Comic-Con audience about a looming pedagogical crisis: Students, distracted by video, are no longer responding to comics as an educational tool, even as schools increasingly use them in their curriculums...

On the opposite end of the sprawling convention hall, at a seminar called “The Comic Book Law School,” Michael L. Lovitz, a copyright lawyer, was hammering away on another serious matter: the ins and outs of work for hire, the employment term that has become a critical legal issue in multimillion-dollar battles over the ownership of characters like Superman and the Fantastic Four."

Extradition Suspect Calculated the Savings From Piracy; New York Times, 7/13/12

Somini Sengupta, New York Times; Extradition Suspect Calculated the Savings From Piracy:

"Helpfully for the authorities, Mr. O’Dwyer also did the math for his users, spelling out, according to the Justice Department, exactly how much money its users were saving. It reminded users that they could have spent up to $10 on a movie ticket, $10 on “a typical US nacho-Coke or popcorn-Coke combo,” and another $5 on “typical US parking.”

Part of the Justice Department’s case against Mr. O’Dwyer seems to be show that he sought to make it as simple as possible to watch movies and shows available on other sites, including copyrighted material...

Meanwhile, Jimmy Wales, the founder of Wikimedia, who has stepped up to defend Mr. O’Dwyer from extradition, was quoted by The Hill, a Washington-based news site, as offering the entertainment industry some unsolicited advice: Make it easier for consumers to buy content online."