SCOTUSblog Founder Joins Marvel Superhero Appeal for Jack Kirby Estate (Exclusive); Hollywood Reporter, 7/29/14

Eriq Gardner, Hollywood Reporter; SCOTUSblog Founder Joins Marvel Superhero Appeal for Jack Kirby Estate (Exclusive) :

"In what might be yet another sign that Marvel should begin to fret that the U.S. Supreme Court could review a massive superhero rights dispute, the respected attorney Tom Goldstein is now co-representing Jack Kirby's family members. Goldstein is perhaps most famous for running the invaluable SCOTUSblog, which on July 21 highlighted Kirby v. Marvel Characters as its "Petition of the Day."

The dispute started when the family of comic book legend Kirby sent termination notices to Marvel and its licensees Sony, Fox and Universal over such superhero characters as Spider-Man, X-Men, Captain America, Iron Man, Incredible Hulk and others. The bid fell short when the 2nd Circuit Court of Appeals affirmed a lower court's ruling that the former Marvel freelancer had contributed his materials as a "work made for hire." As such, Marvel was considered the statutory author, and Kirby (and his heirs) never had any termination rights under the 1976 Copyright Act.

The high court has been asked to review the 2nd Circuit opinion, and in recent months there's been signs that it could indeed be taken up: Justice Ruth Bader Ginsburg told Marvel to respond to a cert petition after it initially declined to do so. Then Kirby's side got amicus support from the former director of the U.S. Patent and Trademark Office, the former U.S. register of copyrights and various Hollywood labor guilds."

The End of ‘Genius’; New York Times, 7/19/14

Joshua Wolf Shenk, New York Times; The End of ‘Genius’ :

"WHERE does creativity come from? For centuries, we’ve had a clear answer: the lone genius. The idea of the solitary creator is such a common feature of our cultural landscape (as with Newton and the falling apple) that we easily forget it’s an idea in the first place.

But the lone genius is a myth that has outlived its usefulness. Fortunately, a more truthful model is emerging: the creative network, as with the crowd-sourced Wikipedia or the writer’s room at “The Daily Show” or — the real heart of creativity — the intimate exchange of the creative pair, such as John Lennon and Paul McCartney and myriad other examples with which we’ve yet to fully reckon...

In 1710, Britain enacted its first copyright law, establishing authors as the legal owners of their work and giving new cultural currency to the idea of authors as originators.

This is when we start to see the modern use of “genius.” In an essay published in 1711, Joseph Addison cited Shakespeare as a “remarkable instance” of “these great natural geniuses” — those lit up by an inner light and freed from dependence on previous models."

Six Suggestions for Not Screwing Up Copyright Reform (Guest Post); Billboard, 7/9/14

Craig Havighurst, Billboard; Six Suggestions for Not Screwing Up Copyright Reform (Guest Post) :

"Craig Havighurst is a music journalist and media producer in Nashville with a public policy M.A. from Duke's Sanford School. He's followed intellectual property issues since covering the music business for The Tennessean in the 2000s.

Far too late and amid far too much partisan dysfunction, Congress has revived efforts at modernizing copyright law. But if recent hearings are an indication, we’ve launched a fight over slices of a depressingly diminished pie rather than a debate about first principles and solutions that could grow the creative industries again. This critical reform effort deserves better.

So what would wise and lasting copyright reform look like? Without getting into the weeds of PRO consent decrees and royalty courts, here are six ideas anyone can understand that would ensure a fair framework for creators and consumers. They propose a system that would license intellectual property in thousands of small ways that are missed entirely today. My focus is music, because that’s what I know best, but the principles could apply to photos, video clips and other works."

A Bill to Unlock Cellphones; New York Times, 7/11/14

Editorial Board, New York Times; A Bill to Unlock Cellphones:

"The Senate Judiciary Committee on Thursday approved a good measure that would make it legal for Americans to “unlock” their cellphones, making it easier to switch wireless providers. The House passed a similar bill earlier this year."

The Lost and Found Legacy of Barbara Ringer; Atlantic, 7/11/14

Amanda Levendowski, Atlantic; The Lost and Found Legacy of Barbara Ringer:

"I came across a quote a few weeks ago—one that so perfectly encapsulates the outdatedness and skepticism surrounding copyright law—that I couldn’t believe I hadn’t seen before: “The 1976 Copyright Act is a good 1950 copyright law.”

It was attributed to someone I didn’t know: Barbara Ringer.

She was one of only a few women in her graduating class at Columbia Law School back in 1949. Just after graduation, she took a position with the Copyright Office as an examiner, where she determined the registrability of applicants’ submitted works. When she wasn’t busy working her way up through nearly every position at the Copyright Office, Ringer was drafting the Universal Copyright Convention, attending international copyright conferences, and teaching at Georgetown Law Center as the university’s first woman adjunct professor of law.

She conducted empirical research. She published her work in law journals. She even wrote the article about copyright law for the Fifteenth Edition of the Encyclopedia Britannica.

And then I realized that I did know her. We all sort of know her: She was one of the lead architects of the 1976 Copyright Act."

Should Germans Read ‘Mein Kampf’?; New York Times, 7/7/14

Peter Ross Range, New York Times; Should Germans Read ‘Mein Kampf’? :

"GERMANY is once again passing through the wringer of its past. At issue this time are not the deeds but the words of Adolf Hitler and the planned republication of his infamous manifesto-as-autobiography, “Mein Kampf,” a book that has been officially suppressed in the country since the end of World War II...

Since then, although “Mein Kampf” has maintained a shadow presence — on the back shelves of used bookstores and libraries and, more recently, online — its copyright holder, the state of Bavaria, has refused to allow its republication, creating an aura of taboo around the book.

All that is about to change. Bavaria’s copyright expires at the end of 2015; after that, anyone can publish the book: a quality publisher, a mass-market pulp house, even a neo-Nazi group."

WIPO Copyright Committee In Disarray Again; Development Dimension Questioned; Intellectual Property Watch, 7/7/14

Catherine Saez, Intellectual Property Watch; WIPO Copyright Committee In Disarray Again; Development Dimension Questioned:

"For the second time this year, the World Intellectual Property Organization copyright committee could not agree on the conclusions of its session or on any recommendation to be made to the September General Assembly on the protection of broadcasting organisations or the establishment of an international regime of exception and limitations for libraries and education.

The development dimension of the United Nations specialised agency was again called into question by developing countries calling for more balance in the treatment of the issues on the agenda. Developing countries are pushing for limitations and exceptions to copyright, developed countries contend that the current copyright system is adequate."

Is Europe Serious About Reforming Copyright, or Just Greasing the Squeaky Wheel?; Electronic Frontier Foundation (EFF), 7/3/14

Jeremy Malcolm, Electronic Frontier Foundation (EFF); Is Europe Serious About Reforming Copyright, or Just Greasing the Squeaky Wheel? :

"Coordinated enforcement of intellectual property (IP) rights—copyright, patents and trade marks—has been an elusive goal for Europe. Back in 2005, the European Commission struggled to introduce a directive known as IPRED2 that would criminalize commercial-scale IP infringements, but abandoned the attempt in 2010 due to jurisdictional problems. IP maximalists took another run at it through ACTA, the Anti-Counterfeiting Trade Agreement, but that misguided treaty was roundly defeated in 2012 when the European Parliament rejected it, 478 votes to 39...

Although no response to that consultation has yet been officially released, we can get an inkling of how the Commission might view these proposals for reform from the recently leaked draft of a whitepaper that examines areas of EU copyright policy for possible review...

Similar reticence towards copyright law reform was demonstrated by the Commission this week at WIPO where its representative made a very clear statement that it was not willing to consider work leading to international instrument for limitations and exceptions for libraries and archives; doubling down on a position it adopted at the previous meeting of the same WIPO committee.

This does not paint a positive picture of the future of copyright in Europe."

After Aereo, New York Times, 7/1/14

Vikas Bajaj, New York Times; After Aereo:

"As Emily Steel wrote in The Times on Monday, several companies are already selling devices that would allow people to capture over-the-air TV signals from antennas in their own homes, record them and stream them over the Internet so they can watch shows on their phones and other devices when they are not at home. One such device, made by Simple.TV, costs $199. For several years, another company named Slingbox has sold similar devices that allow people to watch their cable-TV service from anywhere.

It’s possible that broadcasters will challenge the use of such devices, as they did Aereo’s service. But before they do that, they may want to revisit a 1984 Supreme Court decision in a famous case involving the sale and use of VCRS that came to be known as the Betamax ruling."

Big Data Comes To College; NPR, 7/4/14

Anya Kamenetz, NPR; Big Data Comes To College:

""So academics are scrambling to come up with rules and procedures for gathering and using student data—and manipulating student behavior...

Yet another set of concerns arises because a lot of the new educational data collection is proprietary. Companies like Pearson, Blackboard and Coursera each have information on millions of learners.

"This is not a new problem for science," Stevens says, pointing to pharmaceutical and medical research. "But it is a new fact in the field of education research."

A fact that raises big questions: Who owns this data? The student, the institution, the company or some combination? Who gets to decide what is done in whose best interest?"

'Weird Al' Yankovic: The Stories Behind The Songs; Entertainment Weekly, 7/3/14

Kyle Anderson, Entertainment Weekly; 'Weird Al' Yankovic: The Stories Behind The Songs:

"For 35 years, “Weird Al” Yankovic has been music’s most reliable satirist, sending up the biggest pop hits and the most iconic artists for the sake of belly laughs. He’s about to release a brand new album called Mandatory Fun on July 15, so to prepare for a fresh batch of tunes we caught up with Yankovic to get the stories behind hits both big and small...

“Eat It” (1984)

“It was pretty obvious back then that Michael Jackson was the biggest star in the universe. Everything revolved around him. ‘Eat It’ is not that clever a variation on ‘Beat It.’ It’s probably the most obvious pun. If YouTube had existed in 1984, there would have been a million ‘Eat It’ parodies. I just gravitated toward the most obvious parody, and it seemed to work. This really was a bona fide hit. That was number one in Australia, number 12 in the States.

If it hadn’t been for Michael Jackson, I don’t know that I would have a career to this day, because getting permission from him in 1984 opened a whole lot of doors for me. Prior to that, we were getting a lot of resistance and reluctance from people who were like, ‘I don’t know about this Weird Al guy and if I should let him do a parody.’ But after we were able to tell them, ‘Well, Michael Jackson didn’t seem to have a problem with it,’ they were like, ‘Well, sure! If it’s OK with Michael, it certainly should be OK with me.’ That logic seems to work."

Lindsay Lohan Sues 'Grand Theft Auto V' Maker [Updated]; Forbes, 7/2/14

Erik Kain, Forbes; Lindsay Lohan Sues 'Grand Theft Auto V' Maker [Updated] :

"Last December we reported that actress and controversy magnet Lindsay Lohan had called her lawyers about the inclusion of a character with her likeness in the blockbuster video game Grand Theft Auto V...

The suit claims that the character Lacey Jonas is an “unequivocal” reference to Lohan, depicting everything from her likeness to her clothing line to the Chateau Marmont hotel where Lohan once lived...

According to the Digital Media Law Project: “As a general matter, you will not be held liable for using someone’s name or likeness in a creative, entertaining, or artistic work that is transformative, meaning that you add some substantial creative element over and above the mere depiction of the person. In other words, the First Amendment ordinarily protects you if you use someone’s name or likeness to create something new that is recognizably your own, rather than something that just evokes and exploits the person’s identity.”

I’m not a legal expert, but Rockstar seems to fall well within this guideline. The character in question was not specifically Lohan, and engages in entirely fictional activities that are designed to parody a certain type of celebrity. I sincerely doubt that this case has legs."

Kaskade's Free Music: Beer, or Speech? A Look at Sampling, Creative Commons and Copyright (Op-Ed); Billboard, 7/1/14

Steve Martocci, Billboard; Kaskade's Free Music: Beer, or Speech? A Look at Sampling, Creative Commons and Copyright (Op-Ed) :

"While Kaskade's "Ain't Gotta Lie" stems are free, Kaskade still owns the stems under the Copyright Law and can choose to enforce his rights at any time, potentially rendering all of the stem users liable for infringement.

"Free as in free speech" implies liberty and freedom from restrictions. With free software, you're encouraged to contribute to the source code, to modify, improve and redistribute it. These actions are usually prohibited by copyright law, but the rights-holder is able to remove these restrictions by accompanying the software with a license (like GNU, MIT or Apache). Open source software is possible because of licenses like this.

Similar to software developers, music creators continually borrow, mix, and enhance each other's sounds. Evolution in music comes from continual experimentation and inspiration from the past and present.

Producer Mark Ronson recently said in a TED Talk, "The dam has burst. We live in the post-sampling era. We take the things that we love and we build on them."

Ronson is right. We live in a thriving remix culture where the creation of derivative work is inevitable. Consumers obtain and re-distribute copyrighted material illegitimately all the time. It's become ubiquitous. Activist Lawrence Lessig, pioneer of Creative Commons and author of "Remix," asserts "outdated copyright laws have turned our children into criminals."...

Kaskade closes his manifesto with an aspirational declaration: "Free the music, and your cash will follow." Artists that want to advance an open source future for music need to reconsider their definition of free. Releasing stems free of charge isn't enough. To protect creators, the stems need to be freed from restrictions by choosing a Creative Commons license.

So Kaskade...how can we use these stems? Are they free as in beer or free as in free speech?"

The Lost Emails of the I.R.S. Point to a Wider Problem; New York Times, 6/30/14

Derek Willis, New York Times; The Lost Emails of the I.R.S. Point to a Wider Problem:

"Even requiring agencies to store emails as electronic records rather than on paper might not solve the federal government’s problems with record management. Carl Malamud, the founder and president of the nonprofit Public.Resource.Org, which places state and federal government information in the public domain, described a deeper problem: Despite spending billions on information technology, the federal government has not kept pace with advances in technology. It has developed a defensive posture when the public and Congress demand information.

“In my view, one reason people dump so much on the Civil Service is that the Civil Service is forced to work with the most God-awful tools known to modern organizations,” Mr. Malamud said. “We spent $80 billion a year on I.T., and I’ve heard that 75 percent of that is a total waste, the end result being that we paralyze the bureaucracy and they in turn develop a real attitude.”

Mr. Malamud’s own experience with the I.R.S. includes performing audits on publicly available information to ensure that taxpayer data such as Social Security numbers do not get released by the agency. (He found tens of thousands of examples in one I.R.S.-managed database last year). The problem, he said, “is a people problem, not a money problem.”

A 2010 report from the Government Accountability Office, the investigative arm of Congress, agreed. “Technology alone cannot solve the problem without commitment from agencies,” it concluded. Insufficient training and senior officials who did not follow established procedures were among the concerns that the G.A.O. cited, calling email management “especially problematic.”"

After Supreme Court Ruling, Aereo’s Rivals in TV Streaming Seize Opening; New York Times, 6/29/14

Emily Steel, New York Times; After Supreme Court Ruling, Aereo’s Rivals in TV Streaming Seize Opening:

"The day after the Supreme Court ruled against Aereo in a copyright case brought by the nation’s major broadcasters, Mr. Ely was trying to scoop up Aereo customers by promoting his start-up, Simple.TV, on social media. “Former Aereo customer? Join the Simple.TV Family,” the company wrote on Twitter on Thursday...

The television establishment still has much to worry about after its Supreme Court victory on Wednesday over Aereo, the digital start-up that had threatened to upend the economics of the media business.

“Television is a castle filled with money,” said Rishad Tobaccowala, chief strategy and innovation officer at Vivaki, the Publicis Groupe’s digital marketing unit. “People are trying to get into that castle and take some money.” But while the court’s decision broadens the moat, traditional broadcasters still must find ways to defend themselves against an array of companies like Mr. Ely’s that want to give viewers an alternative to the their model.

Eager for a piece of the $167 billion American television market, dozens of companies are offering options for the growing number of viewers known as cord cutters, who are canceling their traditional pay-television subscriptions."

Open access is not enough on its own – data must be free too: Academics have been encouraged to make their research freely available, but their data also needs to be open to scrutiny; Guardian, 6/26/14

Susanna-Assunta Sansone, Guardian; Open access is not enough on its own – data must be free too: Academics have been encouraged to make their research freely available, but their data also needs to be open to scrutiny:

"If your research has been funded by the taxpayer, there's a good chance you'll be encouraged to publish your results on an open access basis – free at point of publication and with reuse and redistribution rights.

This final article makes publicly available the hypotheses, interpretations and conclusions of your research. But what about the data that led you to those results and conclusions? Isn't the underlying data just as important to support the quality of the findings?

A huge amount of data is being produced by scientists every day, but too often key information is left to rot in an Excel document on someone's desktop, or handwritten in a notepad that is later thrown away.

Increasingly, policymakers and funders are introducing data-sharing and stewardship policies to solve this problem. Funders want to see this data being properly described, stored, shared and reused, to realise its full potential. Data producers are also somebody else's data users, and they have also come to the same realisation. Open data ensures that the scientific process is transparent, helps others to reproduce results and can even help speed up the process of scientific discovery."

Output Drops at World's Largest Open-Access Journal; Science, 6/4/14

Jocelyn Kaiser, Science; Output Drops at World's Largest Open-Access Journal:

"The number of papers published by the world’s largest open-access journal, PLOS ONE, has plummeted over the past few months after rising fairly steadily for years, notes a scholarly publishing blogger. Phil Davis suggests the closely watched PLOS ONE may have become a less attractive option for scientists as its impact factor has fallen and other open-access publishers have come on the scene.

Founded 14 years ago, the Public Library of Science (PLOS) has been a leader in open access—online journals that are free for anyone to read and cover costs by charging authors a fee. But PLOS has also drawn criticism, because the nonprofit broke even only after starting the multidisciplinary PLOS ONE, which accepts all papers that pass technical scrutiny regardless of their importance. The model has drawn the complaint that PLOS ONE bulk publishes low-quality papers to make its more selective journals sustainable. That high volume made PLOS ONE the largest scientific journal in the world in 2010, with more than 8600 research papers. Last year, the site featured 31,509 papers.

But this year, the trend has been downward, notes Davis, a publishing consultant."

WIPO Copyright Committee: More Rights Or Limitations/Exceptions? ; Intellectual Property Watch, 6/29/14

Catherine Saez, Intellectual Property Watch; WIPO Copyright Committee: More Rights Or Limitations/Exceptions? :

"The World Intellectual Property Organization copyright committee meets next week with some uncertainty. Unable to agree on the future work of the committee at the end of the last session, delegates will have to decide how they want to advance work on a proposed treaty protecting broadcasting organisations, and on limitations and exceptions to copyright for the benefit of libraries and education.

The 28th session of the Standing Committee on Copyright and Related Rights (SCCR) is taking place from 30 June to 4 July."

Symposium: Aereo decision injects uncertainty into copyright; SCOTUS Blog, 6/27/14

Mitch Stoltz, SCOTUS Blog; Symposium: Aereo decision injects uncertainty into copyright:

"Wednesday’s decision in American Broadcasting Cos. v. Aereo raises a big question about the right sources of interpretive authority in copyright cases. Justice Breyer’s majority opinion, finding that Aereo performed television programs publicly, was driven by legislative history and first principles, with analysis of the statutory text an afterthought. That approach turned a pure question of statutory interpretation into something more like common law adjudication. This is a departure from Justice Breyer’s past decisions on copyright, which have generally put the text first. If the new approach becomes the norm in Aereo’s wake, it could transform copyright into a more flexible but also far more unpredictable legal regime."

Hillary Clinton’s ‘Hard Choices’ Blocked in China; New York Times, 6/27/14

Jane Perlez, New York Times; Hillary Clinton’s ‘Hard Choices’ Blocked in China:

"The new memoir of Hillary Rodham Clinton, “Hard Choices,” which gives blow-by-blow accounts of tough discussions with Chinese officials, particularly on human rights, has been blocked in China, according to the American publisher.

No Chinese publisher made an offer to buy the rights for the book to be translated into Chinese for sale on the mainland, said Jonathan Karp, president of Simon & Schuster, which published the American edition.

The English version of the book was delisted from Amazon China on June 10, the day of publication in the United States, a move that effectively barred wide distribution in China, Mr. Karp said.

In Beijing, Gu Aibin, the head of Yilin Press, the state-owned publishing house that published Mrs. Clinton’s earlier book, “Living History,” said “Hard Choices” was different. “Some of the content was not suitable,” Mr. Gu said. “The company decided not to buy the copyright.”"

Aereo Loses at Supreme Court, in Victory for TV Broadcasters; New York Times, 6/25/14

Adam Liptak and Emily Steel, New York Times; Aereo Loses at Supreme Court, in Victory for TV Broadcasters:

"In a case with far-reaching implications for the entertainment and technology business, the United States Supreme Court ruled on Wednesday that Aereo, a television streaming service, had violated copyright laws by capturing broadcast signals on miniature antennas and delivering them to subscribers for a fee.

The 6 to 3 decision handed a major victory to the broadcast networks, which argued that Aereo’s business model was no more than a high-tech approach for stealing their content.

The justices’ ruling leaves the current broadcast model intact while imperiling Aereo’s viability as a business, just two years after a team of engineers, lawyers, marketers and even an Olympic medalist came together with a vision to provide a new viewing service that “enables choice and freedom.”"

Marilyn Monroe’s Photo Caper in Poland; New York Times, 6/23/14

Rena Silverman, New York Times; Marilyn Monroe’s Photo Caper in Poland:

"Greene left behind vintage prints, negatives, color transparencies — and a great deal of debt. To save the estate from bankruptcy, Ms. Thorman hired an acquaintance named Dino Matingas, a Chicago real estate investor and steel-company owner who later admitted to American Photo magazine that he knew nothing about photography. He agreed to acquire the Greene estate, ”to get Joanna to stop bugging me about buying it,” he told the magazine in 1993.

Mr. Matingas purchased it for $350,000 without looking at it. The problem is he bought the copyright to the images, too...

Joshua Greene who runs Archives LLC in Oregon, where he sells digitally restored prints of his father’s historical collections, said he was unaware of this week’s Warsaw auction. “If that is something you know about, I would love to know about it, too,” he said.

He had already been hit hard last year, when 75,000 of his father’s celebrity negatives and slides, including 3,700 unpublished black-and-white and color negatives and transparencies of his Monroe archive were sold at auction — along with copyright — through a website called Profiles in History, in Los Angeles."

“Sherlock Holmes” Is Now Officially Off Copyright and Open for Business: What amazing Holmes fan fiction will you create?; Smithsonian, 6/19/14

Colin Schultz, Smithsonian; “Sherlock Holmes” Is Now Officially Off Copyright and Open for Business: What amazing Holmes fan fiction will you create? :

"Part of the motivation for the Judge's decision, says Molly Van Houweling for the Authors Alliance, was a consideration of what the larger ramifications of extending the copyright on Holmes would have on art in general. Holmes' lasting popularity is a rarity among fictional characters—most fall out of favor within years, not decades. Creating a longer term on copyright for characters would reduce the number of works flowing into the public domain. This, in turn, would make it more difficult or more expensive for future artists to work, since a great deal of art draws on earlier works...

Posner's opinion has much to commend, but one area it does not delve into is how the character of Sherlock Holmes—as we know him—is the construct of many authors, artists, and even film-makers. As Authors Alliance co-founder Molly Van Houweling points out, the phrase "elementary, my dear Watson," never appears in any of Doyle's works."

The Walking Dead producer criticises Game of Thrones executive over piracy; Guardian, 6/19/14

Mark Sweney, Guardian; The Walking Dead producer criticises Game of Thrones executive over piracy:

"Gale Anne Hurd said that if consumers want to continue to see shows such as Walking Dead and HBO’s Game of Thrones – which have broken viewing records while also topping the global chart of most-pirated TV shows – then more needs to be done to crack down on piracy.

“The truth is you wouldn’t imagine stealing someone’s car [or] a piece of art they have created,” she said, speaking to the Guardian at the Cannes Lions festival. “We are poised on the precipice in filmed entertainment – TV and movies – because of the prevalence of piracy the content creators will not get a revenue stream to the point that they won’t be able to create. That is the danger of piracy.”

Jeff Bewkes, the chief executive of HBO’s parent, Time Warner, has said that Game of Thrones piracy has been “better than an Emmy” as a publicity machine to help drive TV subscriptions."

Mail Online chief in clash with Australian reporter over copyright; Guardian, 6/19/14

Amanda Meade, Guardian; Mail Online chief in clash with Australian reporter over copyright:

"The spat between News Corp and Mail Online over copyright in Australia has spilled over to the Cannes Lions advertising festival, with a late night altercation between website publisher Martin Clarke and a reporter from a Murdoch title...

The background to this French farce is legal action by News Corp against the newly launched rival website Daily Mail Australia, which Rupert Murdoch’s Australian has accused of theft, breach of copyright, plagiarism and “parasitical practices”.

Mail Online responded on Monday by accusing News Corp of lifting its stories on at least 10 occasions."

Jack Kirby's Heirs Get Huge Support in Quest to Bring Marvel Fight to Supreme Court (Exclusive); Hollywood Reporter, 6/19/14

Eriq Gardner, Hollywood Reporter; Jack Kirby's Heirs Get Huge Support in Quest to Bring Marvel Fight to Supreme Court (Exclusive) :

"The case is Lisa Kirby v. Marvel Characters, concerning whether the estate of comic book legend Jack Kirby can terminate a copyright grant on such creations as Spider-Man, X-Men, The Incredible Hulk and The Mighty Thor. In August 2013, the 2nd Circuit Court of Appeals affirmed a lower court's ruling that determined Kirby's heirs couldn't wrest back his share of rights to these characters because the former Marvel freelancer had contributed his materials as a "work made for hire." As such, Marvel was considered the statutory author, and Kirby (and his heirs) never had any termination rights under the 1976 Copyright Act to begin with.

In the past couple of months, there have been growing signs that the case might indeed be picked up at the Supreme Court for review."

Athletes' Tattoo Artists File Copyright Suits, Leaving Indelible Mark; Wall Street Journal, 6/16/14

Jacob Gersheman, Wall Street Journal; Athletes' Tattoo Artists File Copyright Suits, Leaving Indelible Mark:

"The question of who owns the copyright to a tattoo has never been settled in court, but lawyers and scholars say there is no obvious reason why tattoo artists shouldn't be covered by the same rights granted to photographers or other visual artists. To be copyrightable, artwork needs to have some originality. It also has to be "fixed in a tangible medium of expression." That can be a canvas, film or audio. Skin counts, too, in the case of a custom tattoo designed by an artist, said Case Western Reserve University law professor Aaron Perzanowski, who teaches intellectual property law."

Sherlock lives in public domain, US court rules in case of the heckled brand; Guardian, 6/16/14

Jessica Glenza, Guardian; Sherlock lives in public domain, US court rules in case of the heckled brand:

"A US court has ruled that Sherlock Holmes – along with 46 stories and four novels he’s appeared in – is in the public domain, reaffirming the expiration of the copyright once owned by the estate of Scottish writer Arthur Conan Doyle.

The ruling by the seventh US circuit court of appeals in Chicago comes after the Doyle estate threatened to sue the editor of a book of original Holmes fiction if the author didn’t pay licensing fees.

Doyle’s estate contacted Leslie Klinger in 2011, when he was about to publish an anthology of original fiction starring Holmes, A Study in Sherlock: Stories Inspired by the Sherlock Holmes Canon. The estate demanded publisher Random House pay $5,000 in licensing fees for the use of the Holmes character.

Random House paid the fees, even though Klinger thought that the Holmes stories were in the public domain."

Music Industry Officials Agree on Need for Licensing Rule Changes, but Little Else; New York Times, 6/10/14

Ben Sisario, New York Times; Music Industry Officials Agree on Need for Licensing Rule Changes, but Little Else:

"The complex system of music licensing came under attack in a congressional hearing on Tuesday, as entertainment and media executives pleaded for changes to how music rights were acquired and paid for online and by radio and television stations.

Yet the executives offered little common ground about how to solve the problems they highlighted, and repeatedly clashed with one another during two and a half hours of testimony — giving lawmakers a preview of how difficult it may be to satisfy all parties in the rapidly evolving but fractious music market.

The hearing, before a House Judiciary subcommittee, was part of a broad review of copyright led by Robert W. Goodlatte, a Republican from Virginia who heads the Judiciary committee.

The seven witnesses on Tuesday, representing the Grammy Awards, the music-licensing agency BMI, television stations and Silicon Valley technology companies, spoke about decades-old government regulation and the patchwork of federal laws that govern music licensing."

Court OKs Universities' Quest To Turn To More Digital Copies Of Books; NPR, 6/10/14

Lynn Neary, NPR; Court OKs Universities' Quest To Turn To More Digital Copies Of Books:

"A U.S. appeals court has ruled against a group of authors, deciding in favor of a consortium of universities in a case that hinged on copyright law and provisions of the Americans with Disabilities Act. The universities had allowed Google to make digital copies of more than 10 million books so that they could be searchable by specific terms."

Why It's So Hard to Get the Law to Protect a Good Joke (Guest Column); Hollywood Reporter, 6/8/14

James J.S. Holmes and Kanika D. Corley, Hollywood Reporter; Why It's So Hard to Get the Law to Protect a Good Joke (Guest Column) :

"Comedians work hard to refine their craft, which often results in the creation of an intangible asset — a signature style of comedy. Such assets are deserving of intellectual property rights protection — but which one(s)?

Under the Copyright Act, protection extends to original works of authorship fixed in any tangible medium of expression, now known or later developed. It follows that artistic content in tangible form, such as a comic's written jokes performed to an audience (or recorded), is entitled to protection. Taken to its logical conclusion, if comedic works are copyrightable, then those who engage in "joke thievery" should find themselves subject to suit for copyright infringement, thereby entitling the complainant to the Copyright Act's statutory damages and attorneys' fees.

Not so fast! A thorough review of the tenets of the Copyright Act when viewed in the context of professional comedians raises a problem."

Kennedy letters fiercely protected for decades; Boston Globe, 6/10/14

Matt Viser, Boston Globe; Kennedy letters fiercely protected for decades:

"In 1966, in a letter to a friend in Ireland, Jacqueline Kennedy seemed to see her future. She described her “strange” world, one in which “privacy barely exists, and where I spend all winter in New York holding my breath and wondering which old letter of mine will come up for auction next!”

All these years later, her family is still carefully guarding her legacy — and launching a new attempt to prevent the auction of letters she wrote to an Irish priest.

Caroline Kennedy has gotten involved in trying to establish ownership over the batch of more than 30 deeply personal letters that her mother had written to the Rev. Joseph Leonard over nearly 15 years. Those letters — in which Kennedy revealed some of her most private thoughts on marriage, motherhood, and death — had been set to be auctioned.

But under questions of ownership, copyright, and morality, the letters were pulled. The same day that attorneys for Caroline Kennedy contacted the Irish auction house planning to sell the letters, the auction was canceled. And the financially strapped college that discovered the letters and was hoping for a windfall — All Hallows College in Dublin — is now planning to close some 172 years after it opened."

Copyright Policy, Creativity, and Innovation in the Digital Economy; U.S. Department of Commerce Internet Policy Task Force, July 2013

U.S. Department of Commerce Internet Policy Task Force; Copyright Policy, Creativity, and Innovation in the Digital Economy: "“In April 2010, then Secretary of Commerce Gary Locke launched the Internet Policy Task Force (IPTF), which brings together the technical, policy, trade, economic, and legal expertise of many Commerce bureaus, including the United States Patent and Trademark Office (USPTO), the National Telecommunications and Information Administration (NTIA), the International Trade Administration (ITA), the National Institute of Standards and Technology (NIST), and the Economic and Statistics Administration (ESA). Together, these bureaus have worked in the IPTF to identify leading public policy and operational challenges in the digital economy. In turn, the IPTF has developed approaches to strengthen protections for consumer data privacy, enhance cybersecurity practices, safeguard the global free flow of information, and ensure balanced and meaningful protection for intellectual property while preserving the dynamic innovation and growth that have made the Internet and digital technology so important to our economy and society. The paper that follows is the latest result of these cross-agency and multistakeholder discussions.”"

U.S. Department of Commerce Internet Policy Task Force to Host Series of Roundtables on Copyright Internet Policy Topics; Press Release, U.S. Patent and Trademark Office, 4/16/14

Press Release, U.S. Patent and Trademark Office; U.S. Department of Commerce Internet Policy Task Force to Host Series of Roundtables on Copyright Internet Policy Topics:

"Public meetings were called for in U.S. Commerce Department’s Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy

Washington– The U.S. Department of Commerce’s Internet Policy Task Force will host roundtable discussions in cities around the country on several copyright Internet policy topics, as part of the work envisioned in the Green Paper. The purpose of the roundtables is to engage further with members of the public on the following issues: (1) the legal framework for the creation of remixes; (2) the relevance and scope of the first sale doctrine in the digital environment; and (3) the appropriate calibration of statutory damages in the contexts of individual file sharers and of secondary liability for large-scale infringement. The roundtables, which will be led by USPTO and the National Telecommunications and Information Administration (NTIA), will be held in Nashville, TN on May 21, 2014, Cambridge, MA on June 25, 2014, Los Angeles, CA on July 29, 2014, and Berkeley, CA on July 30, 2014. The meetings were called for in the Task Force’s Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy released last year.

In the Green Paper and subsequent requests for public comments on October 3, 2013, the Task Force stated its intention to hold roundtable discussions on these issues. On December 12, 2013, the Task Force held a day-long public meeting to discuss the issues identified for its further work in the Green Paper, which included panel discussions on remixes, the first sale doctrine, and statutory damages, as well as other topics. The purpose of the planned roundtables is to seek additional input from the public in different parts of the country in order for the Task Force to have a complete and thorough record upon which to make recommendations.

Requests to participate and observe are due three weeks in advance of each of the respective roundtables. While the Task Force may not be able to grant all requests, it will seek to maximize participation to the extent possible. The agendas and webcast instructions will be available approximately one week prior to each meeting on the Task Force website at www.ntia.doc.gov/internetpolicytaskforce and the USPTO website at www.uspto.gov/ip/global/copyrights/index.jsp. Additional information including RSVP instructions and directions can be found at http://events.Signup4.com/copyrightgreenpaper and in the Federal Register Notice: http://www.gpo.gov/fdsys/pkg/FR-2014-04-16/pdf/2014-08627.pdf.

For further information regarding the meeting, please contact Ben Golant, Office of Policy and International Affairs, at (571) 272-7070, or benjamin.golant@uspto.gov or Hollis Robinson, Office of Policy and International Affairs, at (571) 272-1500, or hollis.robinson@uspto.gov."

Don Henley Claims 'Arrogant' Frank Ocean, Okkervil River Stole Songs; Rolling Stone, 6/4/14

Kory Grow, Rolling Stone; Don Henley Claims 'Arrogant' Frank Ocean, Okkervil River Stole Songs:

"In addition to condemning Ocean, Henley explained why he prevented Okkervil River from recording his solo song "The End of Innocence" and releasing it online for free. Although that group's frontman, Will Sheff, had previously claimed Henley had objected over money issues, the Eagle told the Telegraph it was because the group had changed his lyrics.

"They don't understand the law either," Henley said. "You can't rewrite the lyrics to somebody else's songs and record it and put it on the Internet. I'm sorry, but it wasn't an improvement. We were not impressed. So we simply had our legal team tell them to take it down and they got all huffy about it." Furthermore, Henley wondered how they would feel if he turned the tables on them and recorded an Okkervil River song with his own lyrics. "Maybe they wouldn't care, but I care," he said. "We work really, really hard on our material. We spend months writing it and years recording it. You don't go into a museum and paint a moustache on somebody else's painting. Nobody would think of doing that." He summed things up by saying, "If you respect somebody, you ask their permission to diddle around with their work – you don't just go and do it."

United States copyright law allows anyone to record a cover of any song without asking permission, so long as the musician does not alter the original. Henley told the Telegraph he was perfectly fine with that aspect of the law, but "that's not what Mr. Ocean nor Okkervil River did.""

Beastie Boys win $1.7 million in copyright case vs. Monster Beverage; Reuters, 6/5/14

Nate Raymond, Reuters; Beastie Boys win $1.7 million in copyright case vs. Monster Beverage:

"Beastie Boys' fight for their right to not let Monster Beverage Corp use the hip-hop group's music without their permission resulted in a verdict of $1.7 million on Thursday.

A federal jury in Manhattan issued the verdict on the eighth day of trial in a copyright dispute between members of the Brooklyn-born band and the energy drink maker over songs the band says Monster used without a license in a 2012 promotional video.

The Beastie Boys had sought up to $2.5 million for copyright infringement and false endorsement."

Okkervil River Responds to Don Henley: Copyright Laws Kill Art: Will Sheff writes artists "communicate back and forth with each other over the generations, take old ideas and make them new"; Rolling Stone, 6/4/14

Will Sheff, Rolling Stone; Okkervil River Responds to Don Henley: Copyright Laws Kill Art: Will Sheff writes artists "communicate back and forth with each other over the generations, take old ideas and make them new":

"All of these artists, on some level, drew from a folk tradition, and, as I got deeper into their work, they led me to old-time American folk and blues – to artists like Woody Guthrie, Robert Johnson, Dock Boggs, Skip James and the Carter Family. As I fell deeper and deeper in love with these artists I started noticing something that they all had in common – they all copied each other. Woody Guthrie took the melody from the Carters' "Little Darling Pal of Mine" and he wrote "This Land Is Your Land." Robert Johnson took the already-existing blues tales about selling your soul to the devil and they ended up incorporated into his whole image. Bob Dylan took the Scottish ballad "Come All Ye Bold Highway Men" and used it for "The Times They Are A–Changin'." Nina Simone transformed the ridiculous Morris Albert MOR ballad "Feelings" and improvised re-written lyrics, stretching the song over the 10-minute mark and creating something harrowing from it.

I realized that this is what artists are supposed to do – communicate back and forth with each other over the generations, take old ideas and make them new (since it's impossible to really "imitate" somebody without adding anything of your own), create a rich, shared cultural language that was available to everybody. Once I saw it in folk art, I saw it everywhere – in hip-hop, in street art, in dada. I became convinced that the soul of culture lay in this kind of weird, irreverent-but-reverant back-and-forth. And I concluded that copyright law was completely opposed to this natural artistic process in a way that was strangling and depleting our culture, taking away something rich and beautiful that belonged to everyone in order to put more money into the hands of the hands of a small, lawyered few."

Copyright infringement suit filed against Led Zeppelin for 'Stairway to Heaven'; CNN, 6/3/14

Lisa Respers France, CNN; Copyright infringement suit filed against Led Zeppelin for 'Stairway to Heaven' :

"A lawsuit has been filed claiming that the iconic Led Zeppelin song "Stairway to Heaven" was far from original.

The suit, filed on May 31 in the United States District Court Eastern District of Pennsylvania, was brought by the estate of the late musician Randy California against the surviving members of Led Zeppelin and their record label. The copyright infringement case alleges that the Zeppelin song was taken from the single "Taurus" by the 1960s band Spirit, for whom California served as lead guitarist...

The estate is seeking court ordered damages and writing credit for California, born Randy Craig Wolfe. Part of the defense includes a printed interview conducted with California prior to his death from drowning in 1997. In the 1997 interview with Listener Magazine, the guitarist claims that some of the music from "Stairway to Heaven" was taken from his group's song.

Bluebeard as a Geek: Plundering in High-Tech: On ‘Halt and Catch Fire,’ It’s Imitation vs. Invention; New York Times, 5/30/14

Alessandra Stanley, New York Times; Bluebeard as a Geek: Plundering in High-Tech: On ‘Halt and Catch Fire,’ It’s Imitation vs. Invention:

"There are absolutists who still believe that everything on the Internet should be free and see themselves as partisans, not parasites. Their motto might as well be “intellectual property is theft.”

Some of those true believers may enjoy a new AMC drama, “Halt and Catch Fire,” which begins on Sunday and is set in Texas in the early 1980s, when PCs were still in their infancy, and IBM dominated the industry.

But it’s an odd show for most viewers to accept at face value. And not just because it’s hard to construct thrilling action sequences out of microchips, floppy disks and coffee breaks. In today’s era of high-tech billionaires and the cult of the start-up, this series goes back in time to glorify imitation, not innovation...

Even the title is so abstruse that an explanation is spelled out in block print at the beginning:

“HALT AND CATCH FIRE (HCF): An early computer command that sent the machine into a race condition, forcing all instructions to compete for superiority at once. Control of the computer could not be regained.”...

Buccaneering on the high seas, the kind that involves daggers, planks and rum, is romantic partly because it remains safely in the past. Copyright piracy, on the other hand, may be too close for comfort."

New Authors Alliance wants to ease some copyright rules; SFGate, 5/31/14

Meredith May, SFGate; New Authors Alliance wants to ease some copyright rules:

"Academic authors aren't generally known for making a lot of noise, but these days, 250 of them are speaking up to call for a change in U.S. copyright laws, which they say make it hard to access and share their work online. They want the law changed to reflect the reality of publishing in the digital age.

The Bay Area-based Authors Alliance was formed recently at the Internet Archive in San Francisco to push for a new Copyright Act that loosens the restrictions on citing, digitizing and sharing published work...

The new alliance's goals include making it easier for scholars, libraries and private citizens to enter pre-Internet, out-of-print and "orphaned" works whose copyright holders are unknown, into the public domain. They want copyright law clarified and amended to allow libraries, archives and heritage groups the right to digitally reproduce and store books.

"Copyright law is so strict, stretching up to 95 years from publication in some cases, that without the right to digitize it we are in jeopardy of losing our long-term cultural and intellectual history," said alliance founding member Pamela Samuelson, a UC Berkeley law professor who filed briefs on Google's behalf during the eight-year book scanning controversy. The Authors Guild lawsuit against the tech giant was dismissed in November by a federal court in Manhattan."...

Others worried

But the push to allow more digital access to academic work is creating a schism among writers, pitting scholars against commercial writers backed by the Authors Guild, who fear their books could be too easily digitally copied and shared by universities, libraries and corporations, much the same way illegal song sharing has undermined the music industry.

The fears of commercial authors are unfounded, Samuelson maintains."

Pirate Bay founder arrested after two years on the run; Reuters via Guardian, 5/31/14

Reuters via Guardian; Pirate Bay founder arrested after two years on the run:

"One of the founders of file-sharing website Pirate Bay has been arrested in southern Sweden to serve an outstanding sentence for copyright violations after being on the run for nearly two years, Swedish police have said.

Peter Sunde had been wanted by Interpol since 2012 after being sentenced in Sweden to prison and fined for breaching copyright laws.

"We have been looking for him since 2012," said Carolina Ekeus, spokeswoman at the Swedish national police board. "He was given eight months in jail so he has to serve his sentence."...

Four men linked to Pirate Bay were originally sentenced to one year in prison and a fine of £2.85m. An appeals court later reduced the prison sentences by varying amounts, but raised the fine to £4.1m."

Federal CIOs, Take Open Data To Next Level; Information Week, 5/29/14

Bobby Caudill, Information Week; Federal CIOs, Take Open Data To Next Level:

"A prime example comes from the State of Michigan's Department of Human Services (DHS). Sadly, there are parents who opt to neglect their financial obligations to their children. Such individuals take steps to hide from the authorities, oftentimes using false contact information. In order to help get child support payments into the hands of the single parents in need, DHS asked a simple question: "How can we find these people?" The answer was in open data.

The data immediately available to the agency was not enough, so DHS looked to other sources in the state. Starting with the Secretary of State, DHS secured access to state drivers' license data. Gaining access to the contact information of the millions of people who are licensed to drive had a huge impact, but DHS found even more valuable information at the Department of Natural Resources (DNR). It turns out people don't think to falsify information when applying for hunting or fishing licenses. By integrating that information with its existing data, the agency could finally take action to help those in need. From my perspective, this is true innovation."

RESPECT Bill Would Put Golden Oldies Under Federal Copyright; Billboard, 5/29/14

Glenn Peoples, Billboard; RESPECT Bill Would Put Golden Oldies Under Federal Copyright:

"A new bill could help artists and labels collect royalties on the digital performance of older recordings while adding to the royalty expenses of the digital services that play them.

Revealed Thursday, the RESPECT Act was introduced by Rep. John Conyers (D-MI), ranking member of the House Judiciary Committee, and co-sponsored by Rep. George Holding (R-NC) and several other members of the House. The bill would place pre-1972 sound recordings under federal law. Because the performance right for these older recordings currently falls under states' laws, digital music services such as Pandora and SiriusXM do not pay royalties on them. (These services do pay publishers for the performance of the compositions, however.)

Hundreds of millions of dollars are at stake."

How does copyright work in space?; Economist, 5/22/13

G.F., Economist; How does copyright work in space? :

"CHRIS HADFIELD has captured the world's heart, judging by the 14m YouTube views of his free-fall rendition of David Bowie's "Space Oddity", recorded on the International Space Station (ISS). The Canadian astronaut's clear voice and capable guitar-playing were complemented by his facility in moving around in the microgravity of low-earth orbit. But when the man fell to Earth in a neat and safe descent a few days ago, after a five-month stay in orbit, should he have been greeted by copyright police? Commander Hadfield was only 250 miles (400 km) up, so he was still subject to terrestrial intellectual-property regimes, which would have applied even if he had flown the "100,000 miles" mentioned in the song's lyrics, or millions of kilometres to Mars. His five-minute video had the potential to create a tangled web of intellectual-property issues. How does copyright work in space?...

J.A.L. Sterling, a London-based expert on international copyright law, anticipated all this in a 2008 paper, "Space Copyright Law: the new dimension", in which he lists dozens more potentially problematic scenarios that could arise, some seemingly risible at first."

The Beastie Boys sue Monster Energy Co for copyright infringement; Reuters via New York Times, 5/27/14

John Russell,Reuters via New York Times; The Beastie Boys sue Monster Energy Co for copyright infringement:

"The Beastie Boys take Monster Energy Co to trial over claims the beverage maker used the band's songs without their permission."

New Nashville group to push for copyright reform; Tennessean, 5/25/14

Nate Rau, Tennessean; New Nashville group to push for copyright reform:

"A new group comprised of prominent Nashville music publishing companies and other copyright stakeholders has formed, seeking to add another voice to the ongoing debate about sweeping copyright reform.

The group, called Interested Parties Advancing Copyright, consists of about 50 independent publishers, administrators, business managers and entertainment attorneys.

IPAC submitted comments to the federal Copyright Office prior to Friday's deadline for industry stakeholders to weigh in on music licensing reform. IPAC also hopes to participate in next month's federal roundtable discussion in Nashville about the current methods for licensing musical works and sound recordings...

The group's formation comes at a critical time because Congress is in the middle of debates about broad copyright reform. At stake is the potential for sweeping changes to federal laws governing music licensing, performance royalties, digital royalties and music piracy enforcement."

Vimeo to Launch Music Copyright ID System; Billboard, 5/21/14

Andrew Flanagan, Billboard; Vimeo to Launch Music Copyright ID System:

"Vimeo, the hosting site popular with video artists of all stripes and which uses the motto "upload your own work," will be implementing a system they're calling Copyright Match, intended to prevent music copyright infringement on the site.

CEO Kerry Trainor tells Billboard the system will allow the company to be "a little more controlled in terms of making sure that copyrighted material in its entirety isn't being synched to Vimeo without proper licensing."...

The new system should be less severe than the Content ID system used at Vimeo's main competitor YouTube, which often pulls videos determined to be infringing with little notification to uploaders. Copyright Match, produced in partnership with audio identification company Audible Magic, will be a tiered process...

If videos have a fair use case -- one of the most problematic areas of copyright monitoring in the high-volume digital age -- Vimeo will hear them out and reinstate the video's visibility if it meets their criteria."

Justices Reinstate Copyright Lawsuit Over ‘Raging Bull’; New York Times, 5/19/14

Adam Liptak, New York Times; Justices Reinstate Copyright Lawsuit Over ‘Raging Bull’ :

"The Supreme Court on Monday revived a copyright lawsuit against the owners of “Raging Bull,” the acclaimed 1980 movie for which Robert De Niro won an Academy Award as best actor for his portrayal of the boxer Jake LaMotta.

The case arose from a 1963 screenplay written by Frank Petrella in collaboration with Mr. LaMotta. Mr. Petrella died in 1981, and his daughter Paula inherited the rights to the screenplay.

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 limitations starts to run anew every time there is a fresh infringement."

Newspapers need robust copyright law protection; Albuquerque Journal, 5/17/14

Caroline Little, President & CEO, Newspaper Association of America; Newspapers need robust copyright law protection:

"Newspapers’ concern in this area is not the personal use of newspaper-generated content but rather its use by businesses that benefit financially through the unlicensed monetization of that content.

By taking newspaper content without paying for it, these companies undercut the fundamental economic model that supports journalism that is so important to our communities.

As an example of the importance of copyright protection, consider a case last year that was decided by a federal judge in New York. The case involved Meltwater, a for-profit service, which scraped Associated Press articles from the Internet and resold verbatim excerpts to subscribers.

The AP sued the news service for copyright infringement, and the court properly found that Meltwater’s customers viewed the service as a substitute for reading the original articles."

The Biggest Filer of Copyright Lawsuits? This Erotica Web Site; New Yorker, 5/15/14

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