“What Is Open Access?” An Explanatory Video; Chronicle of Higher Education, 10/23/13

George Williams, Chronicle of Higher Education; “What Is Open Access?” An Explanatory Video: "As I wrote on Monday, it’s currently Open Access Week. If you’re unclear what, exactly, all the hubbub is about, then you’re in luck! Last year, a roughly 8-minute, animated video was created by Jorge Cham — creator of the comic strip PhD Comics — Nick Shockey of the Right to Research Coalition, and Jonathan Eisen, a biologist at the University of California Davis. You can watch the video embedded above, or go directly to the YouTube page where the video is hosted."

Open Access Week 2013: The Time for Reform Is Now; Electronic Frontier Foundation (EFF), 10/21/13

Adi Kamdar, Electronic Frontier Foundation (EFF); Open Access Week 2013: The Time for Reform Is Now: "Today kicks off the sixth annual global Open Access Week. Open Access Week is at once a celebration and a call to action. Universities, libraries, organizations, and companies are hosting events all around the world to promote the ideals of open access: free, online availability of and unfettered access to scholarly works... On the national level, the most movement recently has occurred in the Executive Branch, where over twenty federal agencies have submitted open access plans to the Office of Science and Technology Policy (OSTP) in order to implement the White House's public access directive... While we are encouraged by the progress that has been made on the part of the agencies, we are concerned that the publishers are pushing an alternative plan—known as CHORUS—that would seriously cripple public access. In this scenario, the publishers themselves would be in charge of providing the nation public access to scholarly works according to their own rules... We've put our weight behind the Fair Access to Science & Technology Research Act (FASTR), which would open up a host of important and potentially life-saving research to the world at large. Although not perfect, the bill reduces the "embargo" period on papers to six months, meaning such papers must be freely available no later than half a year after publication."

Is The NFL Committing Copyright Infringement By Using Photos Without Consent?; Forbes, 10/23/13

Darren heitner, Forbes; Is The NFL Committing Copyright Infringement By Using Photos Without Consent? : "On October 21, 2013, seven photographers filed a federal lawsuit in the Southern District of New York against the National Football League (NFL), Replay Photos, Getty Images and the Associated Press. The lawsuit requests damages for copyright infringement from all the defendants, damages for vicarious and contributory copyright infringement, breach of contract and breach of fiduciary duty. The basis for the action is that the NFL has used photos in violation of the photographers’ copyrights in the same. The photographers further allege that the NFL’s failed to receive consent to use the photos in connection with the NFL’s advertisements, news, promotions and products."

Sony Music Sues United Airlines Over In-Flight Music; Hollywood Reporter, 10/23/13

Eriq Gardner, Hollywood Reporter; Sony Music Sues United Airlines Over In-Flight Music: "On Tuesday, Sony Music and various subsidiary labels brought a lawsuit against United Airlines, Inflight Productions and Rightscom over copyrighted music being made available through in-flight systems. According to a complaint filed in New York federal court, the defendants are duplicating sound recordings and music videos, installing the allegedly infringed copies to servers located on board aircraft and then transmitting performances to passengers. All without paying any baggage fees."

Questions Concerning Copyright Of Athlete Tattoos Has Companies Scrambling; Forbes, 8/14/13

Darren Heitner, Forbes; Questions Concerning Copyright Of Athlete Tattoos Has Companies Scrambling: "The ink issue is over who owns the copyright to the images depicted by the tattoos emblazoned on athletes’ bodies. According to sources speaking to FORBES on condition of anonymity, the issue of copyright ownership concerning tattoos on football players has very recently been labeled as a pressing issue by the NFL Players Association. One source said, “I don’t blame [the NFLPA], but they should have been on top of it earlier. It was something that was mentioned at the NFL Combine — that was the first I had ever heard them mention anything on the issue of tattoos. They advised agents to tell their players that when they get tattoos going forward they should get a release from the tattoo artist and if they can track down their former artists, they should get a release.” While it is just now garnering attention within the world of sports, copyright ownership of body ink was the subject of a contentious lawsuit between S. Victor Whitmill and Warner Bros. when the film studio placed a tattoo on the face of actor Ed Helms in “The Hangover Part 2″ that mirrored the popular tattoo Whitmill designed for the face of former undisputed heavyweight boxing champion of the world Mike Tyson. Before the case settled out of court, Whitmill alleged that he owned the copyright to the design of the face tattoo. This raised the question: does the person who receives a tattoo own the images that are tattooed on him or is the copyright owned by the tattoo artist? It is a question that has not been ruled upon by the U.S. Supreme Court... The question of whether a tattoo even warrants copyright protection is answered by Jeffrey Harrison, University of Florida Levin College of Law professor of Copyright. ”If it is copyrightable on paper, it’s similarly copyrightable on any medium that lasts, including skin,” said Harrison to FORBES."

Goblin topplers video removed after Utahn files copyright claim; Salt Lake Tribune, 10/23/13

Jim Dalrymple II, Salt Lake Tribune; Goblin topplers video removed after Utahn files copyright claim: "The Goblin Valley topplers video, which sparked outrage across the Internet, is disappearing. By Wednesday afternoon the video posted by The Salt Lake Tribune Oct. 17 had been removed from YouTube. In its place, the video hosting site displayed a short message: "This video is no longer available due to a copyright claim by Dave Hall." Hall shot the video, which showed Glenn Taylor pushing over a "goblin" rock formation in Goblin Valley State Park, then uploaded it to Facebook. After the video attracted attention from media and officials on the social network, The Tribune broke the story about the incident and an ensuing criminal investigation."

How Open Access Scholarship Saves Lives; American Libraries, October 22, 2013

Nella Letizia, American Libraries; How Open Access Scholarship Saves Lives: "According to Jason Priem, ImpactStory cofounder and doctoral student in information science at the University of North Carolina–Chapel Hill, important parts of the scientific process, once hidden, are gradually being exposed online. As the workflows of scholars are moving online, the stuff of day-to-day science— conversations, arguments, recommendations, reads, bookmarks—leave traces on websites such as Mendeley, Twitter, blogs, and Faculty of 1000. Mining these traces, in addition to utilizing traditional metrics such as citation counts and journal impact factors, can give researchers and publishers faster, more diverse, and more accurate data of scholarly impact. Cancer detection breakthrough thanks to open access Open access caught international attention recently in part because of high-school student Jack Andraka of Crownsville, Maryland, who, in 2012 at the age of 15, developed a revolutionary cancer detection test. Designed to detect the presence of a protein for pancreatic, ovarian, and lung cancer at the early stages, the test costs 3 cents, takes five minutes to run, and is more than 90% accurate, according to the Right to Research Coalition. The test is also 26,667 times cheaper, 168 times faster, and 400 times more sensitive than the current pancreatic cancer test. To research his cancer detection method, Andraka read free online articles he found at scientific journal websites and the PubMed Central. But, he noted, paid subscription requirements from other journals were an impediment."

Not-So-Great Expectations; Inside Higher Ed, 10/18/13

Colleen Flaherty, Inside Higher Ed; Not-So-Great Expectations: "Politics aside, Slocum’s case and others like it in recent months raise an important question: In the age of social media and smartphones, what expectations – if any – should professors have for privacy for lectures and communications intended for students? Very little, said Slocum – but that’s “an acknowledgement of fact, of the way the Internet works, rather than a normative statement.” Privacy and intellectual property experts agreed, saying that such communications are fair game for students to share. Higher education has a complicated relationship with copyright and other ownership questions, experts said, due to historical concerns about academic freedom. Legally, however, most all of what professors say to students in lectures and in e-mails would pass the "fair use" doctrine test, making it O.K. for students to record, share and comment on even copyrighted material for non-commercial purposes. “All of us have to figure out what our expectations should be in an age of smartphones and the Internet,” said Jessica Litman, a professor of law and information at the University of Michigan who specializes in intellectual property -- professors included... “Copyright doesn't protect extemporaneous utterances unless they are recorded with the permission of their author -- here, the speaker -- so he would have no copyright claim,” she said. If Penn’s lecture had been written down – including the “rant” – he could have a copyright claim, Litman said. But in that case, the student who recorded it would have a plausible fair use defense, she added, referring to the section of copyright law that allows for unlicensed, non-commercial use of copyrighted material."

Copyright Pirates Vow To Fight On After Filesharing Site Isohunt Walks The Plank; Forbes, 10/17/13

Jasper Hamill, Forbes; Copyright Pirates Vow To Fight On After Filesharing Site Isohunt Walks The Plank: "Internet pirates are preparing to set sail for new waters following the shutdown of the decade-old filesharing site Isohunt. Following a long court battle, the world-famous site agreed to switch off the lights for good today and pay out a mammoth $110 million settlement, although there’s little sense of where this cash will come from and how it will be handed over to movie studios. However, supporters claimed the court case represented little more than a “paper victory” in an age where content was freely available to anyone who knows where to look. They vowed to continue campaigning for copyright reform."

In Higher Ed Some Intellectual Property Counts More Than Others; Library Journal, 10/16/13

Steven Bell, Library Journal; In Higher Ed Some Intellectual Property Counts More Than Others: "The new AAUP Draft Intellectual Property Statement has nothing to say about works of scholarly publication. Are they not intellectual property? Or does some property count more than others? Faculty have always created content for their institutions. In the pre-digital world, there was far less tension between institutions and their faculty over who owned syllabi or course notes. The opportunity for mass distribution and potential profit beyond the institution was rare. Fast-forward to an age where online course content is widely produced by faculty, as well as marketable inventions that might offer big returns to universities. To maintain peace on campus, it’s critical for institutions to develop ownership policies that guide how faculty content and patentable inventions are managed and shared. This is particularly important as higher education increasingly goes online, and faculty seek clear rights to their video lectures and other content that is easily distributed and offered by other faculty at the same or other institutions. As higher education monetizes its intellectual goods, why are some scholarly assets being ignored?"

Kim Dotcom's Mega 'not being used for wide-scale copyright infringement'; Guardian, 10/17/13

Stuart Dredge, Guardian; Kim Dotcom's Mega 'not being used for wide-scale copyright infringement' : ""Kim Dotcom may be seen as a villainous pirate-king by the creative industries, but his Mega cloud storage service is attracting white-collar professionals, according to its chief executive Vikram Kumar. "The segment that seems to be most interested in Mega, and in paying for space, security and privacy tends to be professionals," Kumar told the Copyright and Technology conference in London this morning, beaming in for his keynote interview via Skype. "Accountants, lawyers, financial advisers, architects... These are people that want to use the internet, are concerned that their confidential client information may get compromised, and who are willing to pay for security and privacy online.""

An Alliance in Media Petitions Justices; New York Times, 10/11/13

Brian Stelter, New York Times; An Alliance in Media Petitions Justices: "The nation’s biggest television broadcasters are collectively asking for the Supreme Court’s support in their quest to stop Aereo, a small Internet start-up that threatens some of the underpinnings of the TV business. In a filing on Friday, the media companies petitioned the court to determine whether Aereo’s method of sending television signals to paying subscribers from small antenna farms violates decades-old copyright law. Aereo says it does not, but the companies say it does. Lower court rulings on the matter have mostly favored Aereo to date. “Today’s filing underscores our resolve to see justice done,” one of the petitioners, Fox Television Stations, said Friday. “Make no mistake, Aereo is stealing our broadcast signal.” The other petitioners included divisions of the Walt Disney Company, which owns ABC; Comcast, which owns NBC and Telemundo; CBS, PBS and Univision. All of the companies own local television stations that transmit over the public airwaves and normally compete with one another; by joining together they are presenting a united front against what they say is Aereo’s illegal disruption of their business model. They are aware that they face long odds: the court grants about 1 percent of all petitions filed... Aereo, which is backed by the former Fox network co-founder Barry Diller, exploits what some analysts have called a loophole in copyright law involving public performances."

10/22/13 & 10/24/13 Copyright/Open Access Presentations at University of Pittsburgh

John Barnett, University of Pittsburgh ULS Scholarly Communications Librarian, has kindly provided the information below about two upcoming presentations: Event #1- Copyright & Your Research Tuesday, October 22, 4 to 5 pm Ballroom A, University Club Speaker: Peter B. Hirtle, Senior Policy Advisor, Cornell University Library, and Research Fellow, Berkman Center for Internet Security and Society, Harvard University * Learn about copyrights, author agreements, and publishing contracts * Learn to navigate public access requirements in federal grants * Discover new publishing options for Pitt authors Event #2- Open Access Policies: Coming Attractions Thursday, October 24, 4 to 5 pm Ballroom A, University Club Speaker: Michael W. Carroll, Professor of Law and director, Program on Information Justice and Intellectual Property, American University, Washington College of Law * Learn more about the White House directive on Open Access and the University of California System policy on Open Access * Better understand how scholarly publishing will be impacted * Discover the importance of reuse rights for Open Access works

Suit Filed Against Warner Bros. in Screenplay Theft; New York Times, 10/10/13

Michael Cieply, New York Times; Suit Filed Against Warner Bros. in Screenplay Theft: "In Hollywood, where everyone is eager to claim credit for a great idea, charges of script theft are as common as cocktail receptions, and usually as fleeting. Few lawsuits ultimately prevail, partly because claimants often overvalue an idea’s originality. But the aggrieved keep trying. Just last week, James Cameron was granted dismissal of a suit — one of several similar actions against him — that claimed he had misappropriated material in creating “Avatar.” Two days earlier, the United States Supreme Court agreed to hear an appeal in a copyright case connected to the 1980 film “Raging Bull.”"

Apple Makes Questionable Copyright Claim To Pull Down iTunes Contract; TechDirt.com, 10/14/13

Mike Masnick, TechDirt.com; Apple Makes Questionable Copyright Claim To Pull Down iTunes Contract: "There had been some buzz a while back when Digital Music News published an entire iTunes Radio contract, which was targeted at smaller indie labels, showing how Apple got to throw its weight around, presenting terms that were very much in Apple's favor over the labels if they wanted to participate in iTunes Radio. However, while it took a few months, Apple's lawyers finally spotted this and they have apparently made a copyright claim to get the contract taken down... That said, I question whether or not this really is a legit takedown. While Apple can claim a copyright on the contract, it seems that DMN has a really strong fair use claim."

Copyright theft harms China, too; South China Morning Post, 10/14/13

South China Morning Post; Copyright theft harms China, too: "China is constantly at the sharp end of Western accusations that it is infringing intellectual property rights. The latest US government violations report keeps it on a priority watch list of 10 nations, expressing "grave concerns" about misappropriation of trade secrets and "incremental progress" in meeting perceived obligations. But theft of patents, designs and copyright is not just a problem in the countries that are named and shamed. It is an international phenomenon that has no boundaries. Hon Lik, the Chinese inventor of the electronic cigarette, well knows that. He claims he is being robbed of a fortune by companies in China and elsewhere that are unlawfully making copycats."

US Copyright Reform Hearing Rescheduled To 12 December [2013]; Intellectual Property Watch, 10/11/3

Intellectual Property Watch; US Copyright Reform Hearing Rescheduled To 12 December [2013] : "A hearing to consider a United States government “green paper” as part of the ongoing reform of the US copyright system has been moved to 12 December due to the government shutdown."

US Signs WIPO Marrakesh Treaty On Copyright Exceptions For The Blind; Intellectual Property Watch, 10/11/13

Intellectual Property Watch; US Signs WIPO Marrakesh Treaty On Copyright Exceptions For The Blind: "Despite signing, the United States might be a long way from ratifying the June 2013 treaty, as noted by Jonathan Band of policybandwidth in Washington, DC, who first announced the US signing. “Of course, signing the treaty is different from ratifying it,” he said on a listserv. “Signing the treaty was a decision within the control of the Obama Administration. Ratification requires a two-thirds vote of the Senate, and the Senate Republicans have refused to ratify over 30 treaties signed by a variety of administrations over the past four decades, if not longer.”"

You Can't Copyright The Budget Shutdown In Washington; Forbes, 10/4/13

Jess Collen, Forbes; You Can't Copyright The Budget Shutdown In Washington: "The shutdown has had an immediate impact and presence in the everyday life of my office. There are daily questions of conflict, ownership rights, transfers and legal protection. People log onto the Copyright Office website all day long. We rely on the information it supplies to help understand ownership rights if someone is threatening a claim against a client. It helps us identify properties when there is a merger or acquisition. Sometimes we use its useful research tool to see what registrations are owned by a particular company or for a special type of work. Losing the website sends us back to the Dark Ages... These things are likely not as mission critical as the shutdown effect in many areas, maybe even most. But adding up all the dollars of all the hundreds of thousands of people who are daily involved in various intellectual property-based endeavors in the knowledge economy, the impact probably touches more lives than one might think. This will be the least compelling story you will read all week about the shutdown. I know that. But there is an insidious impact maybe thinly, but certainly broadly, felt. And, lawyers being lawyers, there will be no absence of papers filed in the weeks to come blaming delays and uncertainly on the “impossibility” of taking certain actions or filing certain papers because the Copyright Office was down. Wait and see."

Cheating’s Surprising Thrill; New York Times, 10/7/13

Jan Hoffman, New York Times; Cheating’s Surprising Thrill: "When was the last time you cheated? Not on the soul-scorching magnitude of, say, Bernie Madoff, Lance Armstrong or John Edwards. Just nudge-the-golf-ball cheating. Maybe you rounded up numbers on an expense report. Let your eyes wander during a high-stakes exam. Or copied a friend’s expensive software. And how did you feel afterward? You may recall nervousness, a twinge of guilt. But new research shows that as long as you didn’t think your cheating hurt anyone, you may have felt great. The discomfort you remember feeling then may actually be a response rewritten now by your inner moral authority, your “should” voice. Unethical behavior is increasingly studied by psychologists and management specialists. They want to understand what prompts people to abrogate core values, why cheating appears to be on the rise, and what interventions can be made. To find a powerful tool to turn people toward ethical decisions, many researchers have focused on the guilt that many adults feel after cheating. So some behavioral ethics researchers were startled by a study published recently in The Journal of Personality and Social Psychology by researchers at the University of Washington, the London Business School, Harvard and the University of Pennsylvania. The title: “The Cheater’s High: The Unexpected Affective Benefits of Unethical Behavior.”... The impact is real: According to some estimates, software piracy costs companies $63 billion a year globally."

Marvel Sends Cease-and-Desist to Anticipated Punisher Fan Film; ComicBookResources.com, 10/8/13

Steve Sunu, ComicBookResources.com; Marvel Sends Cease-and-Desist to Anticipated Punisher Fan Film: "In May, CBR debuted a teaser for the impressive Punisher fan-made film "The Dead Can't Be Distracted," based on Greg Rucka and Marco Checchetto's acclaimed run on Marvel Comics' "Punisher." Filmmaker Mike Pecci has updated fans about the status of the film on his personal website, and the news isn't good for those expecting the film to see the light of day. Marvel has sent Pecci a cease-and-desist letter, demanding that Pecci "immediately stop [the] unauthorized use, advertising, sale and/or distribution of any production of The Punisher or any other Marvel character-based films." "According to Marvel it would 'confuse the audience' into believing that it's an official Marvel production," Pecci said of his fan film."

USPTO Lays Out Process For Public Input To Copyright Policy Reform; Intellectual Property Watch, 10/8/13

Intellectual Property Watch; USPTO Lays Out Process For Public Input To Copyright Policy Reform: "A 4 October blog by USPTO Chief Policy Officer and Director for International Affairs Shira Perlmutter describes the process... Perlmutter added: “As explained in the Federal Register Notice, we are particularly seeking comments on five specific topics raised in the green paper: (1) establishing a multistakeholder dialogue on improving the operation of the notice and takedown system for removing infringing content from the Internet under the Digital Millennium Copyright Act (DMCA); (2) the legal framework for the creation of remixes; (3) the relevance and scope of the first sale doctrine in the digital environment; (4) the application of statutory damages in the contexts of individual file sharers and of secondary liability for large-scale infringement; and (5) the appropriate role for the government, if any, to help improve the online licensing environment, including access to comprehensive databases of rights information.”"

Open-Access Journals Hit By Journalist's Sting; NPR, 10/4/13

NPR; Open-Access Journals Hit By Journalist's Sting: "Although many open-access scientific journals claim the articles they publish are subject to peer review, that doesn't always happen. Science magazine contributor John Bohannon sent out bogus papers about a fictitious cancer experiment, papers that should have raised red flags. But more than 150 journals offered to publish his work. Bohannon talks to Renee Montagne about the implications of his sting operation."

Modernizing an English Garden; New York Times, 10/4/13

Adam Nicolson, New York Times; Modernizing an English Garden: "The National Trust accepted Sissinghurst in 1967, and my father entered the last decades of his life secure in the idea that he had done the right thing. He was known as the Resident Donor and presided happily over the place as it boomed with the tourist revolution over the next three decades. He became a sort of constitutional monarch: advising and consulting. He built himself a little writing room in the garden, where visitors would find him charmingly and delightfully welcoming. His part-skeptical children used to call it the Resident Donor Display Cabinet. He was a caretaker, spending his days as the protector of his parents’ creation. When he fell ill in 2004, my wife, Sarah, and I and our two daughters, Rosie and Molly, left our own farmhouse and went back to live at Sissinghurst. And when he died later that year, we stayed on, largely, I think, out of a sense of duty to this strange unowned inheritance, a mere tenancy at a place everything encouraged us to think of as ours. It did not go well. The new setup was something of a shock. We had moved into a museum: our dogs not allowed in the garden, being shouted at by gardeners if they did wander in; our children not allowed near the greenhouses; our cars to be parked in exactly prealigned ways; instructions that we were not to have parties on the weekends; that any photograph we took inside or outside the house was to be the copyright of the National Trust — I said no to the most invasive of these requests — and so on."

Use of Third-Party Artwork in Video Backdrop Is Fair Use in Copyright Claim; National Law Review, 10/4/13

Elisabeth Morgan, National law Review; Use of Third-Party Artwork in Video Backdrop Is Fair Use in Copyright Claim: "The U.S. Court of Appeals for the Ninth Circuit affirmed that the unauthorized use of an artist’s illustration in a video backdrop featured in rock band Green Day’s stage show did not violate the Copyright Act, finding, in part, that the use was sufficiently transformative and did not affect the market value of the work. Seltzer v. Green Day, Inc., et al, Case Nos. 11-56573, -57160 (9th Cir. Aug. 7, 2013) (O’Scannlain, J.)"

The copyright cartel's plot to indoctrinate California kindergartens; Guardian, 9/29/13

Dan Gillmor, Guardian; The copyright cartel's plot to indoctrinate California kindergartens: "Hollywood and the recording industry (aka the Copyright Cartel) are leading the charge to create grade school lessons that – at least, in their draft form, as published by Wired – have a no-compromise message: if someone else created it, you need permission to use it. Sounds wonderful, until you think about how creativity actually works. And never mind that the law, already tipped in favor of copyright holders, doesn't hold such an absolutist position. It's no surprise to learn that America's biggest internet service providers – let's call them the Telecom Cartel, since that's what they've become – are part of this propaganda scheme. It's sad to learn, however, that the California School Library Association has climbed aboard; the organization helped produce the lessons that, thankfully, are still only in draft form. But they are likely to reach California classrooms later this school year and, presumably, other parts of the nation later on... There's a concept called "fair use" – deliberately ignored in the lesson, on the absurd basis that kids can't understand it – that explicitly allows others to make use of our work in ways we don't like, or anticipate."

Free Sherlock Holmes: the Copyright Battle of Baker Street; The Conversation, 9/30/13

Matthew Rimmer, The Conversation; Free Sherlock Holmes: the Copyright Battle of Baker Street: "Who owns Sherlock Holmes, the world’s greatest detective? Is it the estate of Sir Arthur Conan Doyle? Or the mysterious socialite Andrea Plunket? Or does Sherlock Holmes belong to the public? This is the question currently being debated in copyright litigation in the United States courts, raising larger questions about copyright law and the public domain, the ownership of literary characters, and the role of sequels, adaptations, and mash-ups."

Defining and Demanding a Musician’s Fair Shake in the Internet Age; New York Times, 9/30/13

Ben Sisario, New York Times; Defining and Demanding a Musician’s Fair Shake in the Internet Age: "As the leader of the bands Camper Van Beethoven and Cracker, Mr. Lowery had a modicum of fame in the 1980s and ’90s. But over the last year, he has become a celebrity among musicians for speaking out about artists’ shrinking paychecks and the influence of Silicon Valley over copyright, economics and public discourse. In public appearances and no-holds-barred blog posts, Mr. Lowery, 53, has come to represent the anger of musicians in the digital age. When an NPR Music intern confessed in a blog post last year that she paid very little for her music, he scolded her in a 3,800-word open letter that framed the issue in moral terms... The issue has become hot as technology companies like Pandora and Google have replaced major record labels as the villains of choice for industry critics."

Justices to Hear ‘Raging Bull’ Copyright Appeal: New York Times, 10/1/13

Adam Liptak, New York Times; Justices to Hear ‘Raging Bull’ Copyright Appeal: "The copyright case concerns collaborations between the boxer Jake LaMotta and a friend, Frank P. Petrella, including a book and two screenplays, one of which was called “The Raging Bull.” Paula Petrella, Mr. Petrella’s daughter, contends that these works formed the basis for “Raging Bull,” the 1980 movie starring Robert De Niro. She did not sue the movie’s owners until 2009, and the United States Court of Appeals for the Ninth Circuit, in San Francisco, said that was too late. The copyright law itself would have allowed the suit, as its three-year statute of limitation starts to run anew every time there is a fresh infringement. The question for the justices, one that has divided the lower courts, is whether the suit should nonetheless have been dismissed based on a doctrine known as laches, which bars suits brought after unreasonable delays."

Record Label Picks Copyright Fight — With The Wrong Guy; NPR's All Tech Considered, 9/27/13

Laura Sydell, NPR's All Tech Considered; Record Label Picks Copyright Fight — With The Wrong Guy: "Liberation Music eventually backed down. But Lessig decided to invoke another part of the copyright law, "which basically polices bad-faith lawsuits," he says — threats made fraudulently or without proper basis. Lessig is suing Liberation Music because he wants labels to stop relying on automated systems to send out takedown notices, he says."

A Silents Gold Mine From Down Under; New York Times, 9/20/13

Dave Kehr, New York Times; A Silents Gold Mine From Down Under: "These films, along with many more (176 in all) that are still in the cataloging and preservation pipeline, were quietly residing in the New Zealand Film Archive when Brian Meacham, an archivist for the Academy of Motion Picture Arts and Sciences, dropped by its Wellington headquarters during a vacation. He was confronted with a trove of nitrate prints of non-New Zealand titles that the young institution had yet to preserve (understandably, the New Zealanders were focused on their own national cinema)...Responsibility for repatriating the American films was assumed by the National Film Preservation Foundation, the nonprofit, charitable affiliate of the Library of Congress’s National Film Preservation Board. (I am a member of the board, and have served on grant panels for the foundation, though none related to this project.) With support from several public and private institutions, including the Hollywood studios that retained copyright to some of the titles, the films are being preserved by the foundation’s five archival partners: the Academy of Motion Picture Arts and Sciences; George Eastman House; the Library of Congress; the Museum of Modern Art; and the University of California, Los Angeles, Film & Television Archive."

Copyright law and This Charming Charlie; Los Angeles Times, 9/26/13

Los Angeles Times; Copyright law and This Charming Charlie: "Tumblr, the blog's publisher, responded by removing three of the mash-ups last week, prompting LoPrete to announce the blog's demise. Then she changed her mind. As her attorney, Dan Booth of Cambridge, Mass., noted in a letter to Tumblr, LoPrete's parodic re-purposing of The Smiths' lyrics perfectly fits the definition of a fair use: She posts only snippets of the lyrics, puts them in a wholly new context and doesn't make any money off them or damage the market for the songs. In fact, the blog draws new attention to the long-defunct band. Universal says that it's no longer pursuing the matter, so LoPrete's story has a happy ending...It's been 15 years since Congress set up rules for the use of copyrighted material online; it's past time for lawmakers to overhaul them so that they work better for both copyright holders and those who make fair use of their works."

Intellectual Property Watch; Meeting Highlights Use Of Open Data In Science, Health And Sustainable Development, 9/18/13

Alessandro Marongiu, Intellectual Property Watch; Meeting Highlights Use Of Open Data In Science, Health And Sustainable Development: "At the end of a two-day conference in Switzerland, open knowledge experts emphasised the role of open data in strengthening science findings’ credibility, fostering medical research and enhancing sustainable development. The 2013 Open Knowledge Conference, an annual event organised by the Open Knowledge Foundation, aimed at understanding existing trends with a specific focus on open data use in new areas and sectors. The event was held in Geneva on 17-18 September... However, opening up scientific data may raise some concerns, particularly under the perspective of intellectual property rights. “As you access code and data, the role of copyright is not something to be ignored,” Victoria Stodden said. “US law says that original expressions of ideas fall under copyright by default. This is a barrier for me. To use a code I have to ask permission, it is actually not legal to just grab a code even if you put it on the web,” she added. She called on scientists to give up their IP rights for the sake of reproducibility and ask just for attribution when others use their data."

Yes, It's Fair Use To Mashup Charlie Brown And The Smiths; TechDirt.com, 9/24/13

Mike Masnick, TechDirt.com; Yes, It's Fair Use To Mashup Charlie Brown And The Smiths: "We had mentioned in our post about Universal Music sending bogus DMCA takedowns over Lauren LoPrete's This Charming Charlie tumblr mashup, that LoPrete had been contacted by various copyright and internet free speech lawyers offering to represent her. It appears that among the lawyers reaching out to her were the good folks at Booth Sweet -- whom we've covered many times for their efforts to fight copyright trolls and other bogus threats -- have taken on her case. Lawyer Dan Booth has sent a short and simple counternotice to Tumblr, arguing that the strips that were taken down were covered by fair use."

U.S. judge boosts Google 'fair use' defense of digital books; Reuters, 9/23/13

Reuters; U.S. judge boosts Google 'fair use' defense of digital books: "Google, based in Mountain View, California, has scanned more than 20 million books since its 2004 agreement with libraries worldwide to digitize books. The Authors Guild and groups representing photographers and graphic artists say the project amounts to massive copyright infringement. Google argues the practice constitutes fair use, an exception under U.S. copyright law, because it only provides portions of the works online. At a hearing in U.S. district court in New York on Monday, Judge Denny Chin said the question of fair use relies in part on whether the project "is a benefit to society." Chin then rattled off several examples of how Google's project has helped people find information, including his own law clerks. "Aren't these transformative uses, and don't they benefit society?" asked Chin."fair use,

Giant rubber duck causes big flap with Pittsburgh Cultural Trust; Pittsburgh Post-Gazette, 9/22/13

Anya Sostek, Pittsburgh Post-Gazette; Giant rubber duck causes big flap with Pittsburgh Cultural Trust: "On Friday, a 40-foot-tall rubber duck will float into Pittsburgh waterways, marking the beginning of the Pittsburgh Cultural Trust's Pittsburgh Festival of Firsts. The Cultural Trust, which has paid to bring artist Florentijn Hofman's Rubber Duck Project to Pittsburgh, would like to control merchandise sold in conjunction with the event. "As a responsible arts presenter, we are committed to maintaining the integrity of the artist's work and all images affiliated with this public art installation," the Trust posted on its Facebook page. That stance isn't sitting well with ToonSeum founder and executive director Joe Wos, who received a cease-and-desist letter from the Cultural Trust after he created a T-shirt to be sold in celebration of the duck and of a pop-up rubber duck exhibit at the ToonSeum. Mr. Wos and a friend took about an hour to create a shirt, featuring a cartoon duck swimming above the phrase "Quack N'At," a nod to the popular Pittsburgh abbreviation for "and that.""

Conan Doyle estate seeks to preserve US copyright of Sherlock Holmes's 'complex personality'; Guardian, 9/19/13

Liz Bury, Guardian; Conan Doyle estate seeks to preserve US copyright of Sherlock Holmes's 'complex personality' : "...whether use of the characters Sherlock Holmes and Dr Watson is covered by copright law until the entire Holmes canon is out of copyright in the United States. At present, 10 stories from the final collection, The Case-Book of Sherlock Holmes, remain in copyright, with the stories due to enter the public domain in different years up to 2022. Sherlockian editor and Los Angeles entertainment lawyer Leslie Klinger filed a suit in February with the aim of establishing that the characters of Holmes and Watson are already in the public domain in the US, after he was asked to pay for a licence to use them in his planned book In The Company of Sherlock Holmes... In its defence, filed this week in Illinois district court, the Doyle estate argues that the characters remain protected until the copyrights in the final stories expire, because the subtleties and quirks of character that define the super-intelligent detective, his trusty right-hand man, and the duo's relationship, were developed throughout the entire body of works."

How the Marrakesh Treaty Opens Vistas for Print-Disabled Readers; American Libraries, September/October 2013

Jonathan Band, American Libraries; How the Marrakesh Treaty Opens Vistas for Print-Disabled Readers: "This summer, a diplomatic conference of the World Intellectual Property Organization (WIPO), which was held in Marrakesh, Morocco, adopted the “Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.” The treaty is designed to achieve the objective spelled out in its title by obligating the countries (known as contracting parties) that sign it to make exceptions in their copyright laws for the creation and distribution of accessible-format copies both domestically and across borders. As the first treaty devoted to copyright exceptions, the June 28, 2013, agreement represents a significant development in international copyright law... Since US law currently complies with the treaty’s requirements, lawmakers here do not need to pass any amendments in order to ratify the treaty. The treaty should nonetheless benefit print-disabled readers in the US by facilitating the import of more accesible-format copies from other contracting parties...Likewise, an authorized entity in Spain could export an accessible-format Spanish novel to a print-disabled person in California."

Nicki Minaj sued by mystery man for copyright infringement; Guardian, 9/12/13

Sean Michaels, Guardian; Nicki Minaj sued by mystery man for copyright infringement: "One of electronic music's most mysterious figures is suing Nicki Minaj for copyright infringement. Clive Tanaka – an artist who has never revealed his real name nor his home town – accused Minaj of copying his music on her worldwide hit Starships."

Court Gives a Victory to Pandora Over Licensing Streaming Music; New York Times, 9/18/13

Ben Sisario, New York Times; Court Gives a Victory to Pandora Over Licensing Streaming Music: "Pandora Media won a battle in its continuing war with the music industry over royalties when a federal judge ruled on Tuesday that the American Society of Composers, Authors and Publishers, which represents thousands of members, cannot prevent Pandora from licensing all the songs in its catalog. The ruling, by Judge Denise L. Cote of United States District Court in Manhattan, is a blow to music publishers, who have tried to get the best royalty rates for digital music by limiting the extent that performing rights societies like Ascap and Broadcast Music Incorporated represent their songs."

California’s Community Colleges Shift to Creative Commons Licenses; Wired Campus, 9/16/13

Hannah Winston, Wired Campus; California’s Community Colleges Shift to Creative Commons Licenses: "The board that governs California’s 112 community colleges has started requiring that courses, research, and other work paid for by the system chancellor’s office be made available free to all users under Creative Commons “attribution” licenses. While the system will retain the copyright on the materials, other users will be able to take advantage of them as long as the originators are properly credited."

Motion Picture Association Study Finds Search Engines Complicit In Piracy; Intellectual Property Watch, 9/18/13

William New, Intellectual Property Watch; Motion Picture Association Study Finds Search Engines Complicit In Piracy: "A new study released today by the Motion Picture Association of America (MPAA) in the company of members of the United States Congress found that internet search engines play a key role in user access to copyright infringing content online."

Lessig dispute shows value of ‘fair use’ of copyrighted songs; Boston Globe, 9/16/13

Editorial, Boston Globe; Lessig dispute shows value of ‘fair use’ of copyrighted songs: "...Liberation Music, spotting the “Lisztomania” samples in Lessig’s lecture, told YouTube to take down the video in late June. The company later caved in. Lessig, aided by the Electronic Frontier Foundation, still plans to fight the takedown in US District Court in Boston, where Liberation Music had filed a complaint. He and the foundation plan to sue for damages incurred by the video going offline. It’s doubtful there’s much money involved, but Lessig’s tough stance puts copyright holders on notice that they have to consider fair use before trying to force material off the Internet. These questions will only get more complicated, as amateur users express their enthusiasm for songs by posting unauthorized remixes and videos on the Internet — and as the spontaneous sharing of materials through YouTube and social media becomes the primary way in which musicians and others find new audiences. What’s needed is a system that recognizes a copyright holder’s general ability to control material it owns — without chilling legitimate forms of expression."

Sarah Palin's Super PAC Sued For Copyright Infringement Over Use Of 9/11 Photo; AP via HuffingtonPost.com, 9/13/13

AP via HuffingtonPost.com; Sarah Palin's Super PAC Sued For Copyright Infringement Over Use Of 9/11 Photo: "A New Jersey-based newspaper publisher is suing Sarah Palin and her political action committee for copyright infringement over the use of an iconic Sept. 11 photograph. A lawsuit filed Friday in Manhattan federal court by North Jersey Media Group Inc. says Palin's SarahPAC posted a copy of the photo on its website and Facebook page without permission."

Paper Finds Little Success In ‘Three-Strikes’ IP Enforcement Programmes; Intellectual Property Watch, 9/10/13

Intellectual Property Watch; Paper Finds Little Success In ‘Three-Strikes’ IP Enforcement Programmes: "“Evaluating Graduated Response,” authored by Rebecca Giblin of the Monash University Faculty of Law, is available here. The abstract of the paper reads: “It has been more than three years since the first countries began implementing ‘graduated responses’, requiring ISPs [internet service providers] to take a range of measures to police their users’ copyright infringements. Graduated responses now exist in a range of forms in seven jurisdictions. Right-holders describe them as ‘successful’ and ‘effective’ and are agitating for their further international roll-out. But what is the evidence in support of these claims?” The paper looks at schemes in France, New Zealand, Taiwan, South Korea, the United Kingdom, Ireland and the United States and evaluates “the extent to which they are actually achieving the copyright law’s aims,” it says."

Toward a Go-To Gershwin Edition; New York Times, 9/13/13

Larry Rohter, New York Times; Toward a Go-To Gershwin Edition: "Is it to-may-to or to-mah-to? That question may be unanswerable, but an agreement between the estates of George and Ira Gershwin and the University of Michigan, to be announced on Sunday, aims to create the first definitive edition of the Gershwins’ entire joint body of work, including such landmark pieces as “Rhapsody in Blue,” “Porgy and Bess” and “An American in Paris.” The project, which is expected to require several decades of note-by-note and word-by-word analysis, will allow University of Michigan scholars unrestricted access to Gershwin scores, letters and compositional drafts, which are at the Library of Congress and will remain there. From that material, at least 35 volumes are to emerge, in both book and electronic form, with the goal of cementing the Gershwins’ reputation as uniquely American geniuses and providing a reliable road map for future performances... Marc Gershwin, a nephew of George Gershwin who administers his copyrights, said the need for an authoritative critical edition had become increasingly obvious to the heirs in recent years."

Clear Channel-Warner Music Deal Rewrites the Rules on Royalties; New York Times, 9/12/13

Ben Sisario, New York Times; Clear Channel-Warner Music Deal Rewrites the Rules on Royalties: "On Thursday, the company announced a deal with the Warner Music Group that would for the first time allow the label and its acts to collect royalties when their songs were played on Clear Channel’s 850 broadcast stations. In exchange, Clear Channel will receive a favorable rate in the growing but expensive world of online streaming...In an arrangement that has long irked record companies and led to many lobbying standoffs in Washington, terrestrial broadcasters are not required to pay royalties to labels and performing artists for the records they play on the air. On the other side, Internet radio services like Pandora, as well as broadcasters like Clear Channel through its station Web sites and iHeartRadio app, pay these royalties, but they have complained that the statutory rates for licensing music are too high. (Both terrestrial and online radio also pay music publishers, which control songwriting rights.)"

Taking Back 'Funkytown': Songwriters Prepare For A Custody Battle; NPR's All Things Considered, 9/12/13

Joel Rose; NPR's All Things Considered Taking Back 'Funkytown': Songwriters Prepare For A Custody Battle: "When Congress revised U.S. copyright law in the 1970s, it granted "termination rights" to musicians and other creators, which allow them to regain control of their works after 35 years. (The law only applies to sound recordings released in 1978 or after.) Abdo says reclaiming ownership of "Funkytown" would allow his client to earn more in licensing fees and other revenues — exactly as Congress intended. "If you have a big hit or several big hits, then all of a sudden the deal that you made early in your career doesn't seem quite fair because it was very lopsided," Abdo says. "It gives the author a chance to get a second bite at the apple."... [O]ne big hurdle artists face is the question of whether a sound recording is a "work for hire." Since the 1970s, many labels have insisted on contract language that seems to define artists as employees of the label, Slotnick says."

Record Labels Sue Sirius XM Over the Use of Older Music; New York Times, 9/11/13

Ben Sisario, New York Times; Record Labels Sue Sirius XM Over the Use of Older Music: "Another, Feb. 15, 1972 — when federal copyright protection began to apply to recordings — has less recognition. But a recent string of lawsuits argue that licensing issues tied to that date may be worth hundreds of millions of dollars to singers and record labels. If the suits are successful, they could also bring a headache of liability to satellite and Internet radio services. On Wednesday, the three largest record companies — Sony, Universal and Warner, along with ABKCO, an independent that controls many of the Rolling Stones’ early music rights — sued Sirius XM Radio in a California court, saying that the satellite service used recordings from before 1972 without permission. Even though federal copyright protection does not apply to these recordings, the suits say that they are still covered by state law."

A Copyright Victory, 35 Years Later; New York Times, 9/10/13

Larry Rohter, New York Times; A Copyright Victory, 35 Years Later: "In the lucrative world of music copyright, it may be something of a watershed moment: on Friday, after six years of legal wrangling and decades after he wrote the lyrics to the hit song “YMCA,” Victor Willis will gain control of his share of the copyright to that song and others he wrote when he was the lead singer of the 1970s disco group the Village People. Mr. Willis, who dressed as a policeman during the group’s heyday, was able to recapture those songs, thanks to a little-known provision of copyright legislation that went into effect in 1978. That law granted musicians and songwriters what are known as “termination rights,” allowing them to recover control of their creations after 35 years, even if they had originally signed away their rights."