DC wins ‘final’ appeal in long battle over Superman rights; ComicBookResources.com, 11/22/13

Kevin Melrose, ComicBookResources.com; DC wins ‘final’ appeal in long battle over Superman rights: "As Deadline reports, in a 2-1 vote the Ninth Circuit on Thursday tied up the loose ends in what it describes as “the long-running saga regarding the ownership of copyrights in Superman — a story almost as old as the Man of Steel himself,” reaffirming an October 2012 ruling that the Shuster estate is prevented from reclaiming the artist’s stake in the character by a 20-year-old agreement with DC."

Rap Genius Says It Will Seek Licenses for Lyrics; New York Times, 11/14/13

Ben Sisario, New York Times; Rap Genius Says It Will Seek Licenses for Lyrics: "Rap Genius, a website that was accused by music publishers on Monday of reprinting thousands of song lyrics without permission, revealed that it had a major licensing deal all along — and also indicated that the site was likely to pursue more such deals in the future rather than fight with publishers over copyright. The site, which publishes detailed annotations of rap lyrics, was listed as the top offender of what the National Music Publishers’ Association, a trade group, called “blatant illegal behavior” by using lyrics without licenses from music publishers, which control songwriting copyrights. A favorite of fans and journalists alike, Rap Genius was by far the most prominent of the 50 sites identified by the trade group (most of the others had formulaic-sounding names like lyricsmania.com and lyricstranslate.com)."

U.S. copyright industries add $1 trillion to GDP; Los Angeles Times, 11/19/13

Richard Verrier, Los Angeles Times; U.S. copyright industries add $1 trillion to GDP: "The economic contributions of U.S. copyright industries reached new heights last year, for the first time contributing more than $1 trillion to the gross domestic product and accounting for 6.5% of the nation's economy, according to a new report. The study tracks the economic effect and contributions of U.S. industries engaged in the creation and distribution of computer software, video games, books, newspapers, periodicals and journals, as well as motion pictures, music, radio and television programming. Those industries contributed $1.01 trillion in value-added services to the nation's GDP in 2012. That's up from $965 billion in 2011 and $885 billion in 2009, according to research slated to be released Tuesday morning by the International Intellectual Property Alliance, a private coalition representing the Motion Picture Assn. of America, the Recording Industry Assn. of America and other groups... The findings are being released in advance of a congressional subcommittee hearing on copyright issues, one of several to be held on the topic in Washington over the next several months. Maria Pallante, register of copyrights at the U.S. Copyright Office, has signaled her support for updating federal copyright law."

Angered by MOOC Deals, San Jose State Faculty Senate Considers Rebuff; Chronicle of Higher Education, 11/18/13

Steve Kolowich, Chronicle of Higher Education; Angered by MOOC Deals, San Jose State Faculty Senate Considers Rebuff: "Mohammad H. Qayoumi, president of San Jose State University, has spent much of the year turning his campus into a testing ground for new online-teaching tools. But apparently he's also been testing the patience of faculty members, who say the idea of shared governance has been all but forgotten as he has sought technology that might eventually help the university teach more students for less money. Now the faculty is striking back. The Academic Senate is expected to vote on Monday on a proposed policy that would forbid the university to sign contracts with outside technology providers without the approval of tenured and tenure-track faculty members in whatever department would be affected... Mr. Qayoumi has cultivated close relationships with edX and Udacity, two major providers of massive open online courses, or MOOCs, and it's those relationships that have sparked conflicts with the faculty. EdX is a nonprofit undertaking backed by Harvard University and the Massachusetts Institute of Technology, while Udacity is a for-profit enterprise founded by three Stanford University computer scientists. The fieriest clash occurred in late April, when philosophy professors at the university, dismayed by the provost's suggestion that they incorporate material from a famous Harvard professor's edX course into the curriculum, published an open letter in The Chronicle criticizing the notion of "one-size-fits-all vendor-designed" courses."

Article: WIPO Director Gurry In Hot Seat On Eve Of Election Deadline; Intellectual Property Watch, 11/18/13

William New, Intellectual Property Watch; Article: WIPO Director Gurry In Hot Seat On Eve Of Election Deadline: "An article in the local Geneva press today asserts that World Intellectual Property Organization Director General Francis Gurry is in the hot seat over the inability of member states to pass a budget for the UN agency. The article ties the budget delay in part to member states’ concern over Gurry’s signing of a deal to set up an external WIPO office in Moscow following a 2011 meeting with Russian President Vladimir Putin. It also raises serious issues over alleged DNA gathered from the offices of several WIPO employees without their knowledge during the tumultuous transition of Gurry’s WIPO predecessor, who stepped down a year early in 2008. The 18 November article, which appeared in the Tribune de Geneve, is available here (in French)."

Siding With Google, Judge Says Book Search Does Not Infringe Copyright; New York Times, 11/14/13

Claire Cain Miller and Julie Bosman, New York Times; Siding With Google, Judge Says Book Search Does Not Infringe Copyright: "[Judge Denny Chin] cited the benefits for librarians, researchers, students, teachers, scholars, data scientists and underserved populations like disabled people who cannot read print books or those in remote places without libraries. He said it also helped authors and publishers by creating new audiences and sources of income... Paul Aiken, the executive director of the Authors Guild, said in an interview that the result was “obviously disappointing” and that the authors would appeal. “Google created unauthorized digital versions of most of the world’s copyright-protected books — certainly most of the valuable copyright-protected books in the world,” he said.“Google created unauthorized digital versions of most of the world’s copyright-protected books — certainly most of the valuable copyright-protected books in the world,” he said. Google issued a statement that said, “Google Books is in compliance with copyright law and acts like a card catalog for the digital age — giving users the ability to find books to buy or borrow.”... Case law has changed during that time, but so has the attitude toward digital texts, said Jonathan Band, a copyright lawyer for the Library Copyright Alliance, which filed an amicus brief in support of Google. “There’s an understanding that the way this technology works, there’s going to be copying,” he said. “And that there’s a sensibility in the courts that as long as the whole work is not displayed, and as long as the rights-holder isn’t harmed, then this copying that goes on behind the curtain just doesn’t matter.”"

Leaked treaty draft shows US at loggerheads with Pacific states on copyright; PC World, 11/14/13

Peter Sayer IDG News Service via PC World; Leaked treaty draft shows US at loggerheads with Pacific states on copyright: "A secretive international trade treaty up for discussion next week could have far-reaching effects on Internet services, copyright law and civil liberties, a draft of the treaty obtained by Wikileaks suggests. The Trans-Pacific Partnership (TPP) Agreement's 95-page draft chapter on intellectual property highlights disagreements between the negotiating parties, often pitting the U.S. and Australia on the one hand against Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam on the other... The countries are fighting over rules that could extend the duration of copyright, limit exceptions to copyright, raise the level of damages for breaking technical protection measures such as digital rights management, and strengthen patents for drugs, medical procedures and living organisms."

Google prevails over authors in book-scanning U.S. lawsuit; Reuters, 11/14/13

Reuters; Google prevails over authors in book-scanning U.S. lawsuit: "Google Inc on Thursday won dismissal of a lawsuit by authors who accused the Web search and media group of digitally copying millions of books for an online library without permission. U.S. Circuit Judge Denny Chin in Manhattan accepted Google's argument that its scanning of more than 20 million books, and making "snippets" of text available for online searches, constituted "fair use" under U.S. copyright law."

In Music Piracy Battles, Lyrics Demand Respect Too; New York Times, 11/11/13

Ben Sisario, New York Times; In Music Piracy Battles, Lyrics Demand Respect Too: "When the forces of the music industry go after websites for using copyrighted content without permission, that content tends to come in the form of MP3 files or YouTube videos. But the National Music Publishers’ Association, a trade group representing thousands of publishers, noted in an online news conference on Monday that the Internet was also filled with sites that reprint song lyrics without licenses, selling advertising based on the enormous traffic they attract. According to the association, there are five million Google searches each day for lyrics, and more than half of all lyric page views are on unlicensed sites."

MPAA backs anti-piracy curriculum for elementary school students; Los Angeles Times, 11/11/13

Richard Verrier, Los Angeles Times; MPAA backs anti-piracy curriculum for elementary school students: "A draft of the curriculum, first published by Wired magazine, was blasted for presenting what critics said was a one-sided view of intellectual property by omitting the concept of fair use, which allows for the reproduction of copyrighted works without permission in certain cases, such as commentary and parody. "It sends the message that you always have to get permission before you can copy anything and that sharing is always theft and that if you violate copyright law all kinds of bad things will happen to you," said Corynne McSherry, intellectual property director for the Electronic Frontier Foundation. "It's a scare tactic." Fabio Marino, intellectual property rights attorney with the law firm McDermott Will & Emery, added, "The idea of educating the public starting with children about copyrights is a good one, but if you're going to do it, you should do it in an unbiased way.""

Iranian publisher purchases copyright of Persian translation of George R. R. Martin’s works; 11/11/13, Tehran Times

Tehran Times; Iranian publisher purchases copyright of Persian translation of George R. R. Martin’s works: "An Iranian publisher has purchased the Persian translation copyright of all works by American master of modern fantasy George R. R. Martin (1948). Based on a recent agreement, Behnam Publications will have the rights in Iran and all Persian-speaking countries to translate and distribute books by Martin, an author of fantasy, horror, and science fiction prose, the translator of his books in Iran, Milad Fashtami, told the Persian service of ISNA on Sunday. Since Iran has not joined the Universal Copyright Convention yet, this will help respect and observe the rights of the writer, Fashtami said."

Jay Z sued by TufAmerica over alleged copyright infringement; Guardian, 11/8/13

Guardian; Jay Z sued by TufAmerica over alleged copyright infringement: "Jay Z is being sued for allegedly sampling Eddie Bo's 1969 single Hook and Sling – Part 1 without permission. TufAmerica, the label representing Bo, claims that the sample appears in Jay Z's 2009 single Run This Town, which also featured Rihanna and co-producer Kanye West... TufAmerica has a history of suing over copyright infringement, with claims filed against the Beastie Boys, Christina Aguilera and West."

Law graduate film buff fined 10,000 yuan for copyright infringement; South China Morning Post, 11/8/13

Keira Lu Huang, South China Morning Post; Law graduate film buff fined 10,000 yuan for copyright infringement: "A 30-year-old Chinese man received a suspended sentence of three years in jail and fined 10,000 yuan for copyright infringement in Jiangyin, Jiangsu province on Wednesday. According to the Jiangyin People’s Court, Zhang graduated from an elite Chinese University with a degree in international economic law. However, instead of pursuing a legal career, Zhang, an enthusiastic movie fan, devoted himself to translating non-mainstream art films and selling them online. Zhang even learned English, French, Japanese, German, Russian and Korean to help him in his work... In China, awareness of copyright protection has slowly been building over the past 20 years... Zhang works alone and has always been aware that his actions violated the law, but he didn’t treat the copyright regulations seriously."

With Open Platform, Stanford Seeks to Reclaim MOOC Brand; Chronicle of Higher Education, 11/4/13

Steve Kolowich, Chronicle of Higher Education; With Open Platform, Stanford Seeks to Reclaim MOOC Brand: "Now Stanford is looking to reclaim some leadership in the MOOC movement from the private companies down the street. For some of its offerings it has started using Open edX, the open-source platform developed by edX, an East Coast nonprofit provider of MOOCs. And Stanford is marshaling its resources and brainpower to improve its own online infrastructure. In doing so, the university is putting its weight behind an open-source alternative that could help others develop MOOCs independently of proprietary companies. Why? "There are people who are uncomfortable for a range of reasons," says Jane Manning, director of platforms for Stanford Online, the university's new online-learning arm. "They've seen what happened on the research side of the house with the academic publishers, where academic publishers ended up having a lot of pricing power.""

Libraries in the Time of MOOCs; Educause Review, 11/4/13

Curtis Kendrick and Irene Gashurov, Educause Review; Libraries in the Time of MOOCs: "MOOCs give librarians new opportunities to help shape the conversation about changes in higher education and to guide administrators, faculty, and students through these changes. To assume this role, librarians must understand the MOOCs landscape. Numerous stakeholders will have an interest in the massive intellectual property that ultimately resides in libraries' owned and licensed digital repositories. Studying and adopting technologies to manage and monitor MOOC usage of library resources will be essential to controlling access and tightening Internet safeguards."

Thinking Through Fair Use [Interactive Tool]; University of Minnesota - University Libraries

University of Minnesota - University Libraries; Thinking Through Fair Use [Interactive Tool for determining when use of a copyrighted work is fair use]: "Thinking Through Fair Use: Even after you've fully educated yourself about fair use (the information on our site is just a start), it can be difficult to remember all the relevant issues when you're looking at a potential use you'd like to make. We've developed one tool that may assist you in your thought process. The Office for Information Technology Policy of the American Library Association also steps you through the process with a similar interactive tool."

Copyright trolling: Make money by scaring people; District Dispatch, The Official ALA Washington Office Blog, 11/4/13

Carrie Russell, District Dispatch, The Official ALA Washington Office Blog; Copyright trolling: Make money by scaring people: "Actual copyright lawsuits against schools and librarians are rare. There are provisions in the copyright law that safeguard educators and librarians from statutory damages when they believed their use of a protected work was fair. The Eleventh Amendment shields institutions funded by the state from statutory damages. In other words, there is little money that can be awarded to the rights holder even if the case goes their way. Second, don’t fall for these hijinks. Just because a rights holder says you are an infringer does not mean that you are. More importantly, learn about fair use which is the most important thing you should know about copyright. This alone will help you better serve your community as a professional committed to the school’s educational mission and access to information for all."

Disney and Dish Wrangle Not Over Broadcast Fees, but the Future of TV; New York Times, 11/3/13

Brian Stelter, New York Times; Disney and Dish Wrangle Not Over Broadcast Fees, but the Future of TV: "Of course money always matters, but often, as in the Dish-Disney negotiations, which are steadily advancing in private, the bigger sticking points involve digital rights... At the same time, the industrywide plan to let paying subscribers log onto websites and watch television on laptop computers, tablets and phones, sometimes known as “TV Everywhere,” has not made nearly as much progress as its proponents would like. Both sides, the Disneys that produce programming and the Dish Networks that deliver it, say they are working on behalf of subscribers to make live and on-demand television more readily accessible. But conflicts keep cropping up, sometimes leading to programming blackouts. “Consumers are demanding, more and more, that they be enabled to watch whatever they want, wherever they want, whenever they want,” said Michael Willner, chief executive of Penthera Partners, who ran the cable operator Insight Communications until it was sold to Time Warner Cable last year. “The question on the table today is whether consumers are getting those rights with their current cable or satellite subscriptions or will they have to pay for them separately.”"

U.S. Teams Up With Operator of Online Courses to Plan a Global Network; New York Times, 10/31/13

Tamar Lewin, New York Times; U.S. Teams Up With Operator of Online Courses to Plan a Global Network: "Coursera, a California-based venture that has enrolled five million students in its free online courses, announced on Thursday a partnership with the United States government to create “learning hubs” around the world where students can go to get Internet access to free courses supplemented by weekly in-person class discussions with local teachers or facilitators. The learning hubs represent a new stage in the evolution of “massive open online courses,” or MOOCs, and address two issues: the lack of reliable Internet access in some countries, and the growing conviction that students do better if they can discuss course materials, and meet at least occasionally with a teacher or facilitator... Coursera is joining forces with the State Department’s MOOC Camp Initiative, now operating in 40 countries — about half using Coursera courses, and the other half courses from such providers as edX and Open Yale, whose courses are also available free on the Internet."

Tug of War Stretches Architect’s Legacy; New York Times, 11/3/13

Randy Kennedy, New York Times; Tug of War Stretches Architect’s Legacy: "Ms. Magid, who has delved deeply into many of Barragán’s personal papers, letters and books that remain in a smaller archive in Mexico City, has made intellectual property rights a front-and-center subject of her show at Art in General mainly by going to gymnastic lengths to stay just outside the bounds of copyright infringement. Images of Barragán works are not reproduced. Instead she bought several copies of a 2001 Barragán book by Ms. Zanco and hung them on the wall like ready-mades, with frames around images so they resemble photographic prints. Unable to get the Swiss foundation to loan a Butaca chair, one of Barragán rare furniture creations, Ms. Magid photographed a miniature of the chair once produced by Vitra and enlarged it to actual size. Ms. Zanco has warned Ms. Magid in writing to be wary of “copyright implications” in the way she pursues her own Barragán fascinations. But in the interview, Ms. Zanco insisted that she bears no animus toward the artist: “The questions she poses are compelling,” she said. “I love that.” She added that she hoped the two could collaborate in the future."

UK Implements Copyright Term Extension From 50 to 70 Years; Intellectual Property Watch, 11/4/13

Intellectual Property Watch; UK Implements Copyright Term Extension From 50 to 70 Years: "The United Kingdom has announced the implementation of new rules that extend the term of copyright for sound recordings and performers rights in such recordings from 50 to 70 years."

Bill Bryson's copyright stoush with Mike Gerrard has wider implications; Sydney Morning Herald, 10/18/13

Nick Galvin, Sydney Morning Herald; Bill Bryson's copyright stoush with Mike Gerrard has wider implications: "Author Bill Bryson's warm and cuddly image has been somewhat tarnished after his publishers reportedly turned on a journalist for republishing an interview from nearly 20 years ago. British travel writer and guidebook author Mike Gerrard, who interviewed Bryson in 1994, recently decided to republish the interview as an 8000-word, 27-page e-book. According to travel industry blog, World Travel Market, Bryson’s lawyers took exception to Gerrard’s enterprise, claiming it breached the award-winning author's copyright. They demanded the book be removed from the Amazon store, a request Amazon agreed to, much to Gerrard’s annoyance."

In Dispute Over a Song, Marvin Gaye’s Family Files a Countersuit; New York Times, 10/30/13

Ben Sisario, New York Times; In Dispute Over a Song, Marvin Gaye’s Family Files a Countersuit: "According to the suit, which was first reported by The Hollywood Reporter, a musicologist, Judith Finell, studied “Blurred Lines” and “Got to Give It Up” and found “a constellation of at least eight distinctive and important compositional elements” between them... In a statement, Sony/ATV said that another musicologist had determined that “Blurred Lines” did not infringe on “Got to Give It Up,” and also defended its corporate role as a steward for songwriters."

15 years ago, Congress kept Mickey Mouse out of the public domain. Will they do it again?; Washington Post, 10/25/13

Timothy B. Lee, Washington Post; 15 years ago, Congress kept Mickey Mouse out of the public domain. Will they do it again? : "For most of history, a great character or story or song has passed from its original creator into the public domain. Shakespeare and Charles Dickens and Beethoven are long dead, but Macbeth and Oliver Twist and the Fifth Symphony are part of our shared cultural heritage, free to be used or re-invented by anyone on the planet who is so inclined. But 15 years ago this Sunday, President Clinton signed the Sonny Bono Copyright Term Extension Act, which retroactively extended copyright protection. As a result, the great creative output of the 20th century, from Superman to "Gone With the Wind" to Gershwin’s "Rhapsody in Blue," were locked down for an extra 20 years. Without the 1998 Copyright Term Extension Act, the book Gone with the Wind would have fallen into the public domain at the end of 2011, and the film would fall into the public domain at the end of 2014. (MGM) It was a windfall to the families and corporations that owned these lucrative copyrights. But it meant these iconic works would be off-limits to those who wanted to reuse or reinvent them without permission. And hundreds of thousands of lesser-known works aren’t available at all, because there's no cost-effective way to obtain permission to republish them. The copyright extension Clinton signed will expire in five years. Copyright holders like the Disney Corp. and the Gershwin estate have a strong incentive to try to extend copyright extension yet further into the future. But with the emergence of the Internet as a political organizing tool, opponents of copyright extension will be much better prepared. The question for the coming legislative battle on copyright is who will prevail: those who would profit from continuing to lock up the great works of the 20th century, or those who believe Bugs Bunny should be as freely available for reuse as Little Red Riding Hood."

Copyright and Intellectual Property: Change is Coming; Wired.com, 10/29/13

Vitalii Soldatenko, Wired.com; Copyright and Intellectual Property: Change is Coming: "Against the backdrop of the new developments and opportunities in today’s information-centric culture, copyright registration can be an obsolete mean to an ineffective end. In many cases, it’s even a limiting factor for industry development, and oddly enough, infringes on the rights of authors. Our current intellectual property system benefits corporations by complicating the process of protecting the rights of content creators. In an era where opportunities and innovations abound our system is almost a tragic comedy."

FYI: Free Online Webinar Wed. Afternoon Oct. 30th: Copyright & Accessibility for Uploaded, Downloaded, Using Videos- esp. YouTube, October 30, 2013 3:00 PM EDT

FYI: "Free Online Webinar Wed. Afternoon Oct. 30th: Copyright & Accessibility for Uploaded, Downloaded, Using Videos- esp. YouTube, October 30, 2013 3:00 PM EDT Members Exchange: Copyright & Accessibility for Uploaded, Downloaded, Using Videos- esp. YouTube, October 30, 2013 3:00 PM EDT Bookmark and Share Members Exchange: Copyright & Accessibility for Uploaded, Downloaded, Using Videos- esp. YouTube October 30, 2013 3:00-4:00 pm Eastern Time Leaders: Steve Gilbert and others Copyright for uploaded videos: Creative Commons, YouTube Accessibility for Videos: Captions, Tags, Transcription Accessibility: Google/YouTube This session is free to TLT Group Individual Members, to TOL4B registrants and planners. Don't forget to use the email address where you received this message as your username and login password when you come to the session. All of the TLT Group’s online offerings include use of “low threshold” tools, examination of controversial issues, options for participants with a range of experience, and suggestions for assessment as you integrate what you’ve learned into your repertoire. More information and online registration: Members Exchange: Copyright & Accessibility for Uploaded, Downloaded, Using Videos- esp. YouTube, October 30"

Seeking Students’ Short ‘Hamlet’ Videos; New York Times, 10/29/13

New York Times; Seeking Students’ Short ‘Hamlet’ Videos: "“Brevity is the soul of wit,” declares Polonius in William Shakespeare’s “Hamlet.” And perhaps short videos of lines from one of the Bard’s most-loved plays will expose the souls of their performers, too. So The New York Times invites student actors and actresses to submit their performances of lines from “Hamlet” using Instagram. The Times’s critics have been cataloging the recent bounty of professional performances of Shakespeare’s plays. And with several stagings of “Hamlet” opening soon, we’d like to see how high school and college students interpret key lines from the play using the cameras and apps on the smartphones they might be carrying... The deadline to submit a video link is Dec. 1, [sic???] 2103. The best videos will be featured on nytimes.com later in December... By submitting to us, you are promising that the content is original, doesn’t plagiarize from anyone or infringe a copyright or trademark, doesn’t violate anybody’s rights and isn’t libelous or otherwise unlawful or misleading. You are agreeing that we can use your submission in all manner and media of The New York Times and that we shall have the right to authorize third parties to do so. And you agree to the rules of our Member Agreement, found online at our website."

Web inventor's open data organisation announces new global network; Guardian, 10/29/13

Peter Kimpton, Guardian; Web inventor's open data organisation announces new global network: "Just one year after its foundation in London, an organisation created by Sir Tim Berners-Lee and Sir Nigel Shadbolt to stimulate economic, environmental and social innovation through a system of open data sharing and analysis, has announced rapid global expansion of its ambitions. The Open Data Institute has announced the launch of 13 international centres, known as "nodes", each of which will bring together companies, universities, and NGOs that support open data projects and communities. The nodes will be based in the US, Canada, France, Dubai, Italy, Russia, Sweden and Argentina, with two extra US nodes Chicago and North Carolina. Three further UK nodes are to open in Manchester, Leeds and Brighton. The new ODI nodes will variously operate at local and national levels. Each one has agreed to adopt the ODI Charter, which is a open source codification of the ODI itself, and embodies principles of open data business, publishing, communication, and collaboration."

Star Characters, Spun Anew, May Live Well More Than Twice; New York Times, 10/22/13

Sarah Lyall, New York Times; Star Characters, Spun Anew, May Live Well More Than Twice: "Authors’ estates that still hold copyright — in the case of Fleming, this will last until 2034, 70 years after his death — stand to make tidy profits from licensing the rights for sequels, and can also lure new readers to old franchises. “This is bringing a fresh, new interesting life to Bond,” said Corinne Turner, managing director of Ian Fleming Publications. It’s “about the heritage,” she said, not the money... As for Mr. McCall Smith’s plans to rework “Emma,” various commenters groused on the BBC Web site that if there was ever a case to be made for not tampering with perfection, this was it. Mr. McCall Smith, though, said his assignment was simply to use “Emma” as a starting point for his own imagination. Austen has developed into a cottage industry, with reimagined books and movies — “Clueless,” “The Jane Austen Book Club,” “Pride and Prejudice and Zombies” to name a few — appearing all the time. And the publishing world is littered with the entrails of authorized sequels to Margaret Mitchell’s “Gone With the Wind,” including Emma Tennant’s “Tara” (the book fell apart when she fell out with the Mitchell estate) and Alexandra Ripley’s “Scarlett,” a commercial success but a critical disaster."

Judge weighs restraining order in copyright case; San Francisco Chronicle, 10/24/13

San Francisco Chronicle; Judge weighs restraining order in copyright case: "A federal judge is mulling whether to issue a restraining order against a former Idaho National Laboratory researcher being sued for copyright infringement of cybersecurity software he helped design as an employee of the lab. Lawyers for INL operator Battelle Energy Alliance filed a lawsuit earlier this month against Corey Thuen and his private company, Southfork Security. BEA attorneys contend Thuen copied cybersecurity software called Sophia, which tracks the network connections of energy facilities to detect unusual activity and alert the operator. The software is designed specifically for facilities that provide oil, electricity and natural gas across the nation."

“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."