EU announces plans to banish geo-blocking, modernize copyright law; Ars Technica, 3/271/5

Glyn Moody, Ars Technica; EU announces plans to banish geo-blocking, modernize copyright law:

"At the heart of the European Union lies the Single Market—the possibility for people to buy and sell goods and services anywhere in the EU. So it is ironic that the European sector least constrained by geography—the digital market—is also the least unified. To remedy that situation, the European Commission has announced its Digital Single Market Strategy, which addresses three main areas.

The first is "Better access for consumers and businesses to digital goods and services" and includes two of the thorniest issues: geo-blocking and copyright. As the EU's strategy notes, "too many Europeans cannot use online services that are available in other EU countries, often without any justification; or they are re-routed to a local store with different prices. Such discrimination cannot exist in a Single Market."

There is strong resistance to removing geo-blocking, particularly from copyright companies that have traditionally sold rights on a national basis and which therefore want geo-blocking to enforce that fragmentation."

Judge Hears Copyright Fight Over 'Happy Birthday To You'; National Law Journal, 3/23/15

Amanda Bronstad, National Law Journal; Judge Hears Copyright Fight Over 'Happy Birthday To You' :

"In a court battle involving perhaps the only song more popular than “Blurred Lines,” a federal judge is set to decide whether a Los Angeles-based music publisher has unlawfully been collecting licensing fees for the copyright to “Happy Birthday to You.”

U.S. District Judge George King of the Central District of California heard more than two hours of arguments on Monday on whether to declare Warner/Chappell Music Inc.’s copyright invalid and find that “Happy Birthday to You” should be in the public domain.

At stake are potentially millions of dollars in licensing fees to what the complaint calls the “world’s most popular song.”"

Seth MacFarlane Wins in Lawsuit Claiming He Stole 'Ted' Idea; Reuters via New York Times, 3/24/15

Reuters via New York Times; Seth MacFarlane Wins in Lawsuit Claiming He Stole 'Ted' Idea:

"A California production company that sued Seth MacFarlane for allegedly stealing its idea for a foul-mouthed talking bear with a penchant for drinking, drugs and prostitutes for his 2012 hit movie "Ted" has withdrawn its copyright lawsuit.

Bengal Mangle Productions LLC had contended in a July 2014 complaint that Ted was "strikingly similar" to its own teddy bear Charlie, who was created in 2008 and has appeared on websites such as YouTube and FunnyorDie.

But in a Monday court filing, Bengal Mangle said it cannot pursue its case, being "satisfied that, based on discovery produced in the action, the character Ted was independently created by Seth MacFarlane using his own efforts and creativity and was not copied from plaintiff's Charlie character.""

Bill Would Limit Use of Student Data; New York Times, 3/22/15

Natasha Singer, New York Times; Bill Would Limit Use of Student Data:

"Is the digital revolution in the classroom giving the education technology industry carte blanche to exploit student data?

That was the question some teacher and parents groups have posed in their public responses to the news last week that Pearson, the education publisher, had been covertly monitoring social media sites to identify students who might have disclosed questions from its assessment tests.

In an effort to ease parent and teacher concerns, two congressmen are planning to introduce a bill on Monday that would place limits on how education technology companies can use information about kindergarten through 12th-grade students.

Called the Student Digital Privacy and Parental Rights Act, the bill would prohibit companies that operate school services — like online homework portals, digital grade books for teachers or student email programs — from knowingly using or disclosing students’ personal information to tailor advertisements to them. It would also bar them from collecting or using student data to create marketing profiles."

In the Age of Information, Specializing to Survive; New York Times, 3/19/15

J. Peder Zane, New York Times; In the Age of Information, Specializing to Survive:

"Of course, not all information is equal. Those exabytes do include a few great novels, stirring films and groundbreaking scientific discoveries. Most are flotsam wrapped in jetsam: insipid blog posts and text messages, YouTube videos of cuddly cats and pornographic acts, ignorance that poses as knowledge.

“We are overloaded with junk,” said Daniel Levitin, a professor of psychology and behavioral neuroscience at McGill University whose books include “The Organized Mind.” “It’s becoming harder and harder to separate the wheat from the digital chaff. The problem with the Internet is anyone can post, so it’s hard to know whether you are looking at a fact or pseudofact, science or pseudoscience.”...

If the information age makes knowledge seem like a straitjacket, David Galenson, a professor of economics at the University of Chicago, notes that progress often hinges on those rare individuals who have escaped its bonds. Artists from Picasso to Bob Dylan and entrepreneurs including Bill Gates and Steve Jobs changed the world by finding “radically new ways of looking at old problems,” Mr. Galenson said. “They cut through all the accumulated stuff — forget what’s been done — to see something special, something new.”...

For many who don’t share that kind of vision, the response to information overload is simple: Just search and forget (repeat as necessary). Even more ambitious absorbers of knowledge like Jonathan Haber will most likely find that the key to lifelong learning is a human mediator, someone who has engaged in the ancient task of searching and sorting through knowledge.

Until, of course, a modern-day Leonardo invents a machine that can do that too."

As Artworks Enter Public Domain, Rules Remain Confusing; New York Times, 3/13/15

Nina Siegal, New York Times; As Artworks Enter Public Domain, Rules Remain Confusing:

"Piet Mondrian, the Dutch modern master, died 71 years ago. Are his works now copyright-free?

The answer — a highly qualified “yes, but” — has ramifications for scholars, publishers, museums, heirs and anyone else who has an interest in seeing and studying works of art in a global context.

The issue turns on a discrepancy between European and American copyright law that is coming to light this year because, as of Jan. 1, 2015, Mondrian’s works enter the public domain in Europe. Under European Union law, the term of copyright for works of art expires on the 1st of January following 70 years after the author or artist’s death.

But the case is particularly complex with Mondrian because he produced part of his work while living in Europe and part of it in the United States, where copyright laws are different.

Although the lack of uniformity in national copyright laws affects reproduction rights for works by any artist, it is becoming a more complicated issue with the growth of online sharing, especially as museums are increasingly interested in offering the public access to their collections on the web."

Healthful alliance: UPMC, Pitt and CMU join forces in a big way; Pittsburgh Post-Gazette, 3/19/15

Editorial Board, Pittsburgh Post-Gazette; Healthful alliance: UPMC, Pitt and CMU join forces in a big way:

"The announcement Monday by the heads of UPMC, the University of Pittsburgh and Carnegie Mellon University that they were forming the Pittsburgh Health Data Alliance was the unveiling of no mere partnership or collaboration. The alliance aims to marshal the strengths of all three institutions on behalf of the public’s health and well-being.

The initiative, which will be funded largely by UPMC to the tune of $10 million to $20 million a year, will process massive amounts of electronic health data — from insurance records, patient information, genomic profiles, wearable sensors and other sources — to help guide an individual’s medical treatment. This “big data” could also help physicians detect when a new outbreak in a personal ailment might occur and respond more rapidly, before a health problem grows larger.

Success of the alliance will hinge on UPMC’s vast patient data, Pitt’s health science research capabilities and CMU’s leadership in computer science and machine learning. Beyond the real-world diagnosis and care benefits for individual patients, the effort also seeks to spin off commercial businesses and create jobs."

Musicians Can Avoid Copyright Suits by Showing Sense and Respect; New York Times, 3/17/15

Jonathan Horn, New York Times; Musicians Can Avoid Copyright Suits by Showing Sense and Respect:

"Fortunately, there is a simple solution – seek and obtain any arguably necessary clearances and permissions. Do so in advance. It happens every day – and it works.

Artists and producers, show your affection for the music that came before you and your respect for those who created that music by erring on the side of caution. If you are not sure whether or not you need permission to use something, run it by your team. Ask your counsel. When in doubt, ask for a license!

If you've been asked to license your music, take to heart your responsibility to mentor and assist younger musicians. Be thoughtful and reasonable when evaluating requests for licenses – and instruct record labels and publishers who hold rights in your works to do likewise. It is a tangible way to connect generations. Extend yourself even when the discussion about permission comes later than it should (i.e., after a record has been released). Remember, too, that a new song can rekindle interest in the original and in the original artist. Finally, keep in mind that while you are on the receiving end today, you may be the one seeking permission tomorrow."

Update Our Culture, Not Just Copyright Laws; New York Times, 3/17/15

M.K. Asante, New York Times; Update Our Culture, Not Just Copyright Laws:

"A much-needed change in copyright laws will certainly usher in a ton of new cases. Cases even more egregious and blatant than “Blurred Lines.” Yasiin Bey (formerly Mos Def) reminds us in his song “Rock N Roll”:

You may dig on the Rolling Stones

But they ain't come up with that ... on they own

He was speaking about the dark history of copyright infringement, and often downright theft, from black musicians. The Rolling Stones biographer Stanley Booth described their music as “the songs of old black men too poor to put glass in their windows.""

Pitt, CMU and UPMC hope to remake health care via new big data alliance; Pittsburgh Post-Gazette, 3/16/15

Bill Toland, Pittsburgh Post-Gazette; Pitt, CMU and UPMC hope to remake health care via new big data alliance:

"Pittsburgh is making a big bet on big data.

UPMC, the University of Pittsburgh and Carnegie Mellon University on Monday announced the formation of the Pittsburgh Health Data Alliance to “revolutionize health care and wellness” by using data to detect potential outbreaks as well as create health care innovations that will spawn spinoff companies.

The clinical goal, the leaders of the three institutions said, is to remake health care so that it is at once more computerized, yet more personalized, using millions of gigabytes of accumulated health records to predict and treat patients’ health issues in a manner far more specific than is possible today.

And the business development goal, the leaders said, is no less than a Pittsburgh-based “moonshot” for health information technology, one that could make Pittsburgh the global epicenter for such research.

If the alliance unfolds as outlined, it someday could rival the scope of the nation’s largest university-led data-sharing projects (such as the ongoing Dartmouth Atlas health policy research partnership with Dartmouth College) and its biggest artificial clinical intelligence projects (such as the IBM Watson team’s foray into the health care realm)."

What’s Wrong With the ‘Blurred Lines’ Copyright Ruling; New York Times, 3/11/15

Jon Caramanica, New York Times; What’s Wrong With the ‘Blurred Lines’ Copyright Ruling:

"Besides, in an age in which popular music is incredibly diverse, with more sonic references, instruments and digital trickery available than ever, using sheet music as a measure of a song’s originality is a weak tactic, and possibly an irresponsible one. The “Blurred Lines” verdict is a victory for an outmoded law, but also an outmoded way of thinking about music.

There are untold things that static sheet music can’t capture: tone, feel and intensity or texture, all of which are as important to modern songwriting as the notes, and probably more so. Relying on the sheet music exposes a generational bias, too — implicit in the premise of the case is that Mr. Gaye’s version of songwriting is somehow more serious than what Mr. Williams does, since it is the one that the law is designed to protect.

There is, it should be said, a similarity in the bass lines of the two songs, and perhaps, more broadly, in their shared lite-funk feel. And it’s likely that Mr. Thicke and Mr. Williams didn’t help their case by contending in interviews around the song’s release — including one in The New York Times — the psychic and literal debts they owed Mr. Gaye, and specifically “Got to Give It Up.” (Mr. Thicke testified, though, that he had barely any input in the writing of the song, a different explanation from what he gave the news media.) Often in the credits that come with an album, the phrase “contains an interpolation of” will appear. That generally means the song borrows from something else, but in a way that’s less than an actual sample or a heavily repurposed lyric or melody. It can feel like a legally codified version of a good-will gesture — certainly “Blurred Lines” might have benefited from such a designation up front."

Industry Urges Congress to Support Copyright Law; Hollywood Reporter, 3/10/15

Alex Ben Block, Hollywood Reporter; Industry Urges Congress to Support Copyright Law:

"The industry group CreativeFuture and the Copyright Alliance announced Tuesday they have joined forces to have more than 1,200 of their members send letters to members of the Senate and of Representatives in support of copyright law, which is under review by the 114th Congress.

“Our copyright system is not perfect,” say the letters, “but, like democracy, it is better than the alternatives. It works. We urge Congress to resist attempts to erode the right of creatives to determine when and how they share their works in the global marketplace.”"

‘Blurred Lines’ Infringed on Marvin Gaye Copyright, Jury Rules; New York Times, 3/10/15

Ben Sisario and Noah Smith, New York Times; ‘Blurred Lines’ Infringed on Marvin Gaye Copyright, Jury Rules:

"According to the jury’s decision, Nona and Frankie Gaye, two of Marvin Gaye’s children, are to receive $4 million in damages, plus $3.3 million in profits attributed to Mr. Thicke and Mr. Williams, as well as about $9,000 in statutory damages for the infringement of copyright. Clifford Harris Jr., better known as T.I., who contributed a rap in the song, was found not liable.

The decision is one of the largest damage awards in a music copyright case, some legal experts said. In one of the few comparable cases, Michael Bolton and Sony were ordered to pay $5.4 million in 1994 for infringing on a 1960s song by the soul group the Isley Brothers."

Jurors hit Robin Thicke and Pharrell Williams with $7.4-million verdict; Los Angeles Times, 3/10/15

Victoria Kim, Los Angeles Times; Jurors hit Robin Thicke and Pharrell Williams with $7.4-million verdict:

"A federal jury found Tuesday that the 2013 hit song "Blurred Lines" infringed on the Marvin Gaye chart-topper "Got to Give It Up," awarding nearly $7.4 million to Gaye's children.

Jurors found against singer-songwriters Pharrell Williams and Robin Thicke, but held harmless the record company and rapper T.I."

CrowdFlower Launches Open Data Project Covering Everything From Climate Change To #ThatDress; TechCrunch, 3/3/15

Anthony Ha, TechCrunch; CrowdFlower Launches Open Data Project Covering Everything From Climate Change To #ThatDress:

"Crowdsourcing company CrowdFlower allows businesses to tap into a distributed workforce of 5 million contributors for basic tasks like sentiment analysis. Today it’s releasing some of that data to the public through its new Data for Everyone initiative.

Founder and CEO Lukas Biewald (a friend of mine from college) told me that last year, the company quietly began asking some of its customers if they were willing to make the data they gathered through CrowdFlower public, and now it’s officially launching the initiative with its first batch of data sets.

Biewald said this grew out of his own frustrations about the lack of open data during his time as a grad student and as a scientist at search startup Powerset. His hope is to turn CrowdFlower into a central repository where open data can be found by researchers and entrepreneurs. (Factual was another startup trying to become a hub for open data, though in recent years, it’s become more focused on gathering location data to power mobile ads.)"

Here’s What Will Truly Change Higher Education: Online Degrees That Are Seen as Official; New York Times, 3/5/15

Kevin Carey, New York Times; Here’s What Will Truly Change Higher Education: Online Degrees That Are Seen as Official:

"The failure of MOOCs to disrupt higher education has nothing to do with the quality of the courses themselves, many of which are quite good and getting better. Colleges are holding technology at bay because the only thing MOOCs provide is access to world-class professors at an unbeatable price. What they don’t offer are official college degrees, the kind that can get you a job. And that, it turns out, is mostly what college students are paying for.

Now information technology is poised to transform college degrees. When that happens, the economic foundations beneath the academy will truly begin to tremble...

Free online courses won’t revolutionize education until there is a parallel system of free or low-fee credentials, not controlled by traditional colleges, that leads to jobs. Now technological innovators are working on that, too.

The Mozilla Foundation, which brought the world the Firefox web browser, has spent the last few years creating what it calls the Open Badges project. Badges are electronic credentials that any organization, collegiate or otherwise, can issue. Badges indicate specific skills and knowledge, backed by links to electronic evidence of how and why, exactly, the badge was earned.

Traditional institutions, including Michigan State and the University of Illinois at Urbana-Champaign, are experimenting with issuing badges. But so are organizations like the National Oceanic and Atmospheric Administration, 4-H, the Smithsonian, the Dallas Museum of Art and the Y.M.C.A. of Greater New York."

What Happens When Mein Kampf's Copyright Expires?; New Republic, 3/6/15

Gavriel D. Rosenfeld, New Republic; What Happens When Mein Kampf's Copyright Expires? :

"Later this year, the official copyright for Mein Kampf expires—70 years after the demise of its author. Since 1945, the Bavarian State (which owns the copyright) has refused to allow anyone to publish the volume. But in expectation of the copyright’s expiration (and in the hope of getting a jump on neo-Nazis who may try to publish their own slanted versions of the text) the esteemed Munich and Berlin-based Institute for Contemporary History decided some years ago to publish its own, critically annotated version. The move has generated some opposition, with some arguing against the release of any new version; “Can you annotate the Devil?” one critic asks."

Pharrell Williams Acknowledges Similarity to Gaye Song in ‘Blurred Lines’ Case; New York Times, 3/4/15

Ben Sisario and Noah Smith, New York Times; Pharrell Williams Acknowledges Similarity to Gaye Song in ‘Blurred Lines’ Case:

"How closely does Robin Thicke’s hit “Blurred Lines” resemble a classic by Marvin Gaye?

That question is central to a closely watched copyright case here, and on Wednesday, Pharrell Williams, the producer behind “Blurred Lines,” acknowledged a similarity to Gaye’s 1977 song “Got to Give It Up” but denied that there had been any intention to copy it.

“I must have been channeling that feeling, that late-’70s feeling,” Mr. Williams testified in the case, which pits him and Mr. Thicke against the family of Gaye, who died in 1984...

Mr. Busch then asked Mr. Williams whether “Blurred Lines” had a similar “feel” to “Got to Give It Up” and others from its era.

“Feel,” Mr. Williams said, “not infringement.”"

Industry Issues Intrude in ‘Blurred Lines’ Case; New York Times, 3/1/15

Ben Sisario, New York Times; Industry Issues Intrude in ‘Blurred Lines’ Case:

"Copyright cases can be esoteric affairs. But the “Blurred Lines” trial, which began Tuesday before Judge John A. Kronstadt in United States District Court for the Central District of California, has provided a rare window into an unseemly and embarrassing side of the music industry. Testimony and a flurry of pretrial documents have revealed lurid details of drugs, unearned songwriting credits, and intentional deception of the news media employed as a standard promotional practice...

If Mr. Thicke’s side loses, the potential damages could be large. “Blurred Lines” has sold 7.3 million copies in the United States, and Richard S. Busch, the Gaye family’s lawyer, claimed in his opening statement that the song had earned at least $30 million in profit — a figure Mr. Thicke’s lawyers disputed. If Mr. Thicke’s side is found liable of infringement, then the jury would decide what percentage of the song’s profits should be shared with the Gayes as damages."

How Copyright Terms Restrict Scholarship; Pacific Standard, 2/17/15

Noah Bertlatsky, Pacific Standard; How Copyright Terms Restrict Scholarship:

"Copyright in the United States is supposed "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries," according to the Constitution. Yet, in the case of the early Marston and Peter comics, copyright appears to have failed. DC is not keeping the comics in print: So, in order to read the complete run of Wonder Woman in her two comics (Wonder Woman and Sensation Comics) for my research, I had to find unlicensed digital editions. Without piracy, my book would have been impossible to complete."

A Cheat Sheet for Copyright Reforms: Radio Royalties, Simplified Licensing and More; Billboard, 2/17/15

Ed Christman and Glenn Peoples, Billboard; A Cheat Sheet for Copyright Reforms: Radio Royalties, Simplified Licensing and More:

"The complex issue of copyright reform took center stage during the Grammy Awards telecast on Feb. 8 when Recording Academy chief Neil Portnow urged Congress to ensure that "new technology [pays] artists fairly." His comments echoed some of the contents of a 250-page music-licensing report issued just three days earlier by the U.S. Copyright Office. Congress may or may not enact some of those recommendations into law -- but if it does, the ramifications are enormous."

A New Copyright Complaint Against Richard Prince; New York Times, 2/16/15

Jennifer Schuessler, New York Times; A New Copyright Complaint Against Richard Prince:

"A lawyer for the photographer Donald Graham has sent cease-and-desist letters to the artist Richard Prince and the Gagosian Gallery, requesting that they stop displaying or disseminating any artworks or other materials that include Mr. Graham’s images.

The complaint, which was first reported by the website Hyperallergic, stems from a work shown last fall at Gagosian in the exhibit “New Portraits,” which featured ink jet prints of images Mr. Prince had taken from Instagram. The work shows Mr. Graham’s photograph “Rastafarian Smoking a Joint, Jamaica” as it appeared on the Instagram feed of a third party, with the comment “Canal Zinian da lam jam” added by Mr. Prince."

Indonesia Fails to Solve Olympic Ring Row Amid IOC Ban Talks; Reuters via New York Times, 2/18/15

Reuters via New York Times; Indonesia Fails to Solve Olympic Ring Row Amid IOC Ban Talks:

"The Indonesian Olympic Committee (KOI) and the Indonesian National Sports Committee (KONI) failed this week to resolve a copyright row involving the Olympic rings logo which has put the country's hosting of the 2018 Asian Games in jeopardy.

The International Olympic Committee (IOC) told the Indonesian government last month they faced a ban unless KONI stopped using the Olympic rings in its logo, saying only their member, KOI, was allowed to do so."

'Dumb and Dumber To' Piracy Leads to Copyright Lawsuits (Exclusive); Hollywood Reporter, 2/13/15

Hollywood Reporter; 'Dumb and Dumber To' Piracy Leads to Copyright Lawsuits (Exclusive) :

"The rights-holder of Dumb and Dumber To, last year's sequel starring Jim Carrey and Jeff Daniels, is the latest to jump aboard the legal stratagem of suing anonymous users of BitTorrent for sharing copyrighted work.

At least five lawsuits were filed in Oregon federal court on Thursday with "Does" and their IP addresses listed as defendants. In court papers, the rights-holder says that the film is currently one of the top 10 most downloaded movies though BitTorrent and with over 1,000 IP addresses from Oregon alone. The plaintiff says it is seeking relief because it is "suffering notable and irreparable harm though piracy."

Open data: how mobile phones saved bananas from bacterial wilt in Uganda; Guardian, 2/11/15

Anna Scott, Guardian; Open data: how mobile phones saved bananas from bacterial wilt in Uganda:

"Bananas are a staple food in Uganda. Ugandans eat more of the fruit than any other country in the world. Each person eats on average 700g (about seven small bananas) a day, according to the International Food Policy Research Institute, and they provide up to 27% of the population’s calorie intake.

But since 2002 a disease known as banana bacterial wilt (BBW) has wiped out crops across the country. When plants are infected, they cannot absorb water so their leaves start to shrivel and they eventually die...

The Ugandan government drew upon open data – data that is licensed and made available for anyone to access and share – about the disease made available by Unicef’s community polling project Ureport to deal with the problem.

Ureport mobilises a network of nearly 300,000 volunteers across Uganda, who use their mobiles to report on issues that affect them, from polio immunisation to malaria treatment, child marriage, to crop failure. It gathers data from via SMS polls and publishes the results as open sourced, open datasets.

The results are sent back to community members via SMS along with treatment options and advice on how best to protect their crops. Within five days of the first SMS being sent out, 190,000 Ugandans had learned about the disease and knew how to save bananas on their farms."

Can We Strengthen our Fragile Public Domain?; Library Journal, 2/12/15

Kevin L. Smith, Library Journal; Can We Strengthen our Fragile Public Domain? :

"In fact, even in the United States there has been some recognition that the Sonny Bono extension has done more harm than good. In a 2013 paper called, apparently without irony, “The Next Great Copyright Act,” Registrar of Copyrights Maria Pallante acknowledges that the copyright term is very long and that its length “has consequences” and needs to be made “more functional” (see pages 336-7). Although she stops short of asking Congress to repeal the 20-year extension, she does suggest “offsets” to mitigate the harm that has been done. Pallante is a far cry from being a “copyleft” radical; like previous Registrars, she tends to favor the interests of big content industries. So her suggestion that the term of copyright be readjusted because it is too long is a remarkable acknowledgement of the problem we have created.

Public Domain Day is one more reminder that our copyright laws in the U.S. have tipped the balance of protection too far away from its public interest roots."

Estonian Man Pleads Guilty in Megaupload Piracy Case; Associated Press via New York Times, 2/13/15

Associated Press via New York Times; Estonian Man Pleads Guilty in Megaupload Piracy Case:

"An Estonian man who worked as a computer programmer for the now-defunct file-sharing website Megaupload has pleaded guilty in what prosecutors say was a massive copyright-piracy scheme run through the site.

Andrus Nomm, 36, pleaded guilty Friday in federal court in Alexandria, Virginia, to conspiracy to commit copyright infringement. He was sentenced to a year and a day in prison and has agreed to cooperate with prosecutors. Prosecutors say Megaupload was used to illegally download millions of songs and movies in one of the biggest copyright cases in history.

Nomm was one of seven men indicted in the case three years ago and the first to be brought to the U.S. to face charges."

Court Revives Copyright Lawsuit Against Singer Frankie Valli; Associated Press via New York Times, 2/10/15

Associated Press via New York Times; Court Revives Copyright Lawsuit Against Singer Frankie Valli:

"A federal appeals court on Tuesday revived a copyright lawsuit against Frankie Valli and fellow "Four Seasons" band member Robert Gaudio over "Jersey Boys," the popular musical about the band.

Donna Corbello sued Valli and Gaudio in 2011 for copyright infringement, claiming the musical was based in part on an unpublished autobiography of "Four Seasons" band member Thomas DeVito that her late husband ghost-wrote. She said she deserved to share in the profits from the musical's success."

Google boss warns of 'forgotten century' with email and photos at risk; Guardian, 2/13/15

Ian Sample, Guardian; Google boss warns of 'forgotten century' with email and photos at risk:

"Researchers at Carnegie Mellon University in Pittsburgh have made headway towards a solution to bit rot, or at least a partial one. There, Mahadev Satyanarayanan takes digital snapshots of computer hard drives while they run different software programs. These can then be uploaded to a computer that mimics the one the software ran on. The result is a computer that can read otherwise defunct files. Under a project called Olive, the researchers have archived Mystery House, the original 1982 graphic adventure game for the Apple II, an early version of WordPerfect, and Doom, the original 1993 first person shooter game.

Inventing new technology is only half the battle, though. More difficult still could be navigating the legal permissions to copy and store software before it dies. When IT companies go out of business, or stop supporting their products, they may sell the rights on, making it a nightmarish task to get approval.

“To do this properly, the rights of preservation might need to be incorporated into our thinking about things like copyright and patents and licensing. We’re talking about preserving them for hundreds to thousands of years,” said Cerf."

Law Firm Founds Project to Fight ‘Revenge Porn’; Deal Book, 1/29/15

Deal Book, Matthew Goldstein; Law Firm Founds Project to Fight ‘Revenge Porn’ :

"The litigation is the handiwork of a new initiative by K&L Gates, a Pittsburgh-based law firm. Begun in late September, its Cyber Civil Rights Legal Project has roughly 50 lawyers at the firm volunteering their time...

The K&L program not only advises victims as to what legal steps can be taken to sue for damages, it also works with victims to consider the pros and cons of reporting online abuse to prosecutors. In instances where the victims have taken nude selfies or videos of themselves, the K&L lawyers are using the protections offered by federal copyright law to demand that the websites take down the images or risk being sued along with the perpetrators.

More often than not, commercial pornography websites, especially those based in the United States, will comply with a request to avoid any further legal entanglement.

But if a victim wants to bring a federal copyright lawsuit, there is a catch. In many cases, she or he would first need to register any videos or photos to be protected with the United States Copyright Office. In other words, to use copyright law as a hammer, a victim must publicly register a photo or video that she or he would rather no one ever see."

The NFL wants you to think these things are illegal; Ars Technica, 1/31/15

Sherwin Siy, Ars Technica; The NFL wants you to think these things are illegal:

"The voiceover in the clip says:

"This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL's consent is prohibited."

That second sentence is bunk from a legal standpoint. It is not illegal to describe or give an account of one of the biggest media events of the year. You can talk about the Super Bowl without infringing copyright. This is not a case of the NFL politely looking the other way while most of America, in public and private, in casual conversations and in commercial broadcasts, discusses the game without the NFL’s permission. The NFL would be laughed out of court for trying to prevent them from doing so—just because you have a copyright in a work doesn’t mean you can prevent people from talking about it. Copyright simply doesn’t extend that far."

The Real Reason People Keep Plagiarizing Tom Petty; Slate, 1/27/15

Adam Ragusea, Slate; The Real Reason People Keep Plagiarizing Tom Petty:

"Tom Petty’s copyright settlement with Sam Smith, announced Monday, marks at least the third time that Petty has heard similarities between his own songs and more recent hits by other artists. I think there’s a reason this keeps happening to Petty in particular: His music is so simple that a song can hardly play with the building blocks of rock ‘n’ roll without evoking a Petty hit.

To be clear, I am a lifelong Petty fan, and I think the virtues of simplicity in any art form far outweigh the downsides. My dispute is with artists who claim ownership over the very paints that everyone else has on their own palettes."

Sam Smith on Tom Petty Settlement: 'Similarities' But 'Complete Coincidence'; Rolling Stone, 1/26/15

Daniel Kreps, Rolling Stone; Sam Smith on Tom Petty Settlement: 'Similarities' But 'Complete Coincidence' :

"Over the weekend, The Sun reported that Sam Smith had quietly and amicably settled a copyright dispute with Tom Petty over the likeness between Smith's three-time Grammy-nominated "Stay With Me" and Petty's Full Moon Fever hit "I Won't Back Down," co-written with ELO's Jeff Lynne. In a statement to Rolling Stone, Smith's reps have confirmed that "Stay With Me" is now co-credited to Petty and Lynne, adding that while there are undeniable "similarities" between the two singles, it was a "complete coincidence.""

Dish found not to infringe Fox's copyright by letting users stream programs; PC World, 1/21/15

John Ribeiro, PC World; Dish found not to infringe Fox's copyright by letting users stream programs:

"A federal court in California has ruled that Dish Network did not infringe the copyright of Fox Broadcasting by offering users services for skipping ads and streaming live or recorded programming over the Internet to their computers and mobile devices."

Fair Use Is Not An Exception to Copyright, It’s Essential to Copyright; Electronic Frontier Foundation (EFF), 1/21/15

Corynne McSherry, Electronic Frontier Foundation (EFF); Fair Use Is Not An Exception to Copyright, It’s Essential to Copyright:

"Over the past two years, as talk of copyright reform has escalated, we’ve also heard complaints about the supposed expansion of fair use, or "fair use creep.” That kind of talk woefully misunderstands how fair use works.

Fair use provides breathing space in copyright law, making sure that control of the right to copy and distribute doesn’t become control of the right to create and innovate. New technologies and services depend on the creation of multiple copies as a matter of course. At the same time, copyright terms cover works many decades old and copyrighted software appears in more and more devices. Taken together, these developments mean the potential reach of copyright may extend ever further. Fair use makes sure that the rights of the public expand at the same time, so add-on creativity and innovation can continue to thrive. In other words, “fair use creep” is an essential corollary to “copyright creep.”"

Mein Kampf: The world’s most dangerous book?; BBC News, 1/13/15

Fiona Macdonald, BBC News; Mein Kampf: The world’s most dangerous book? :

"Adolf Hitler’s Mein Kampf falls out of copyright in Germany at the end of 2015. What will happen when authorities can no longer control its publication and distribution? A new BBC programme examines the issues."

Ford Tries to Shut Down Independent Repair Tool with Copyright; Electronic Frontier Foundation, 1/6/15

Kit Walsh, Electronic Frontier Foundation; Ford Tries to Shut Down Independent Repair Tool with Copyright:

"At EFF, we think people ought to be able to understand how their devices work and repair them without asking permission of the manufacturer. We also think independent repair companies should to be able to compete with manufacturers in the aftermarket. Simply put, you should be able to fix your stuff or choose someone you trust to do it for you.

The Ford Motor Company, however, takes a different view. It recently sued Autel, a manufacturer of third-party diagnostics for automobiles, for creating a diagnostic tool that includes a list of Ford car parts and their specifications. Ford claims that it owns a copyright on this list of parts, the "FFData file," and thus can keep competitors from including it in their diagnostic tools. It also claims that Autel violated the anti-circumvention provisions of the Digital Millennium Copyright Act by writing a program to defeat the "encryption technology and obfuscation" that Ford used to make the file difficult to read."

The Facebook ‘copyright notice’ hoax; Washington Post, 1/6/15

Alexandra Petri, Washington Post; The Facebook ‘copyright notice’ hoax:

"If you see friends on Facebook posting this — “In response to the new Facebook guidelines, I hereby declare that my copyright is attached to all of my personal details, illustrations, comics, paintings, professional photos and videos, etc. (as a result of the Berner Convention). For commercial use of the above my written consent is needed at all times!” — well, these words are as dust blown on the wind. They do not signify anything, legally speaking. For all the good that it will do you in terms of dealing with/weaseling out of/shaking off the uncomfortable coil of your contract with Facebook, you might as well type something like “DEAR FACEBOOK, I HEREBY CLAIM THIS LAND FOR SPAIN.”

As Andrew Noyes (a Facebook spokesman) said in a statement, according to ABC News, that “Under our terms (https://www.facebook.com/legal/terms), you grant Facebook permission to use, distribute, and share the things you post, subject to the terms and applicable privacy settings.”

You cannot simply announce that you do not want to abide by the permission you already granted. This is one case where you cannot revoke consent. As Snopes notes, “Facebook users cannot retroactively negate any of the privacy or copyright terms they agreed to when they signed up for their accounts, nor can they unilaterally alter or contradict any new privacy or copyright terms instituted by Facebook, simply by posting a contrary legal notice on their Facebook walls.”"

‘Game of Thrones’ Most Pirated Show For Third Straight Year; ComicBookResources.com, 12/29/14

TJ Dietsch, ComicBookResources.com; ‘Game of Thrones’ Most Pirated Show For Third Straight Year:

"Game of Thrones is the reigning champion, emerging as the most pirated television series for the third consecutive year. Not only does the HBO fantasy drama top TorrentFreak‘s 2014 list, but the estimated 8.1 million downloads rank higher than the 7.6 million legal viewers."

A Parody of a Mockumentary. Now That’s Meta; New York Times, 12/17/14

Suzy Evans, New York Times; A Parody of a Mockumentary. Now That’s Meta:

"And while Corky may have wished for mainstream recognition, Mr. Griggs realizes that the national spotlight might come at a cost.

“We don’t have any rights,” he said. “We’re doing it as a parody, and that’s worrisome.” He added that he is terrified about receiving a call from the movie studio. “I also know full well that it being in The New York Times, this’ll get us closed.”"

Rare Dylan Recordings Set for Release in Copyright-Extension Bid; New York Times, 12/5/14

Allan Kozinn, New York Times; Rare Dylan Recordings Set for Release in Copyright-Extension Bid:

"Thanksgiving has come and gone, and there’s a nip in the air — no question about it, European Copyright Extension season is upon us.

Since 2012, when the European Union passed a revised copyright law, extending the copyright on recordings from 50 years to 70 – but only if the recording was published during its first 50 years – record companies have been exploring their vaults for potentially marketable material in danger of losing its copyright protection if it is not released."

Grappling With the ‘Culture of Free’ in Napster’s Aftermath; New York Times, 12/7/14

Clyde Haberman, New York Times; Grappling With the ‘Culture of Free’ in Napster’s Aftermath:

"Napster did not last long, two years. But for a while at the dawn of this century it claimed to have 70 million registered users. It spawned a host of Internet music-swapping providers, more than a few of them falling on the dubious side of the law. Most important, it irrevocably altered not only the way in which Americans absorbed music but also their belief system in what they should pay. The conviction theologically held by many boiled down to a single word: nothing. “You have a generation of people now who expect their music for free,” Greg Hammer, managing director of Red Bull Records, a branch of the energy-drink company, told Retro Report. “It’s very difficult to change.”

The music industry is not alone in coming to terms with altered realities. As every sentient soul surely knows by now, the “culture of free” — words borrowed from the title of this week’s video — has turned the print world upside down, pushing newspapers, magazines and book publishers into a frantic search for financial safe harbors. With the advent of broad Internet use in the 1990s came a notion that information should be free. Never mind that the gathering and transmission of information can be a costly proposition and that (dirty word alert) money is needed if the survival of, say, a newspaper is to be ensured. As with music in Mr. Hammer’s observation, a generation now believes that the written word, whether on processed wood or in pixels, should come without charge."

Copyright Law Is Being Rewritten Right Now, and You Can Help; Wired.com, 12/8/14

Kyle Wiens, Wired.com; Copyright Law Is Being Rewritten Right Now, and You Can Help:

"Strap in, folks—because we’re about to talk copyright law. I’m aware that as soon as I string the words “copyright” and “law” together, eyes start to glaze over. I get it. Copyright law isn’t Kim-Kardashian’s-oiled-butt level stuff; it doesn’t break the internet. But important things hardly ever do. Believe it or not, copyright law is shaping up to be the next big battleground in technology. And its fundamentally redefining ownership.

Copyright isn’t just about pirating music or downloading DVDs anymore. Like a creature alive, copyright is evolving and expanding. Traditional “dumb” products are being replaced by an internet of things — and copyright is hitching along for the ride. Its DNA is being woven through the programming that powers your car, the firmware in your phone, the code in your kid’s talking teddy bear, and the software that calibrates your hearing aid."

Sirius XM Has Setback in Lawsuit; New York Times, 11/16/14

Ben Sisario, New York Times; Sirius XM Has Setback in Lawsuit:

"A federal judge in New York has ruled against Sirius XM over an obscure copyright issue that has galvanized the music industry: royalties for recordings made before 1972.

Sirius XM and Pandora Media have both been hit in the last year by a series of lawsuits over old recordings. Neither company pays record labels or performing artists on songs recorded before 1972, when federal copyright protection was first applied to recordings. (Both services, however, pay separate royalties for songwriting.)"

Leahy Introduces Same-Sex Copyright Inheritance Bill; Roll Call, 11/12/14

Anne L. Kim, Roll Call; Leahy Introduces Same-Sex Copyright Inheritance Bill:

"A bill introduced Wednesday would let spouses in same sex marriages inherit their each other’s copyrights regardless of whether or not the state where the copyright owner dies recognizes same-sex marriage."

Open Minds, Open Access; Inside Higher Ed, 10/22/14

Barbara Fister, Inside Higher Ed; Open Minds, Open Access:

"What I will say is that it seems wonderfully appropriate that we are thinking through the legal implications of this practice during Open Access Week. This annual event is in its eighth year and we have seen progress made. If you're not quite sure what open access means, the best two-minute explanation was written by Peter Suber and he explains it well, if not in as much depth as in his book about it. A lot of scholars now buy into the idea that it makes sense for their research to be available to all who have an internet connection, not just to those who are lucky enough to work at a research institution or have the resources to purchase all the books and articles they might want to look at.

There's a persistent misperception among many scholars that all open access publishing operations charge authors (most don't), that they are not peer reviewed (most are), and that they're run by scammers (yes, some scammers have set up faux publishing sites, but they're pretty obviously bogus. Rejecting all open access publications as a result is kind of like saying you will only accept messages that come on paper in an envelope with a stamp because email is a scam run by Spanish Prisoner crooks.)

One argument against open access that has never made sense to me is that the system we have works perfectly well and anyone who needs access to research already has it. Publishers have said this to members of the US Congress with a straight face. To me, this is a startlingly anti-intellectual stance."

Research Is Just the Beginning: A Free People Must Have Open Access to the Law; Electronic Frontier Foundation, 10/23/14

Corynne McSherry, Electronic Frontier Foundation; Research Is Just the Beginning: A Free People Must Have Open Access to the Law:

"The bad news: the specter of copyright has raised its ugly head. A group of standards-development organizations (SDOs) have banded together to sue Public.Resource.Org, accusing the site of infringing copyright by reproducing and publishing a host of safety codes that those organizations drafted and then lobbied heavily to have incorporated into law. These include crucial national standards like the national electrical codes and fire safety codes. Public access to such codes—meaning not just the ability to read them, but to publish and re-use them—can be crucial when there is an industrial accident; when there is a disaster such as Hurricane Katrina; or when a home-buyer wants to know whether her house is code-compliant. Publishing the codes online, in a readily accessible format, makes it possible for reporters and other interested citizens to not only view them easily, but also to search, excerpt, and generate new insights.

The SDOs argue that they hold a copyright on those laws because the standards began their existence in the private sector and were only later "incorporated by reference" into the law. That claim conflicts with the public interest, common sense, and the rule of law.

With help from EFF and others, Public.Resource.Org is fighting back, and the outcome of this battle will have a major impact on the public interest. If any single entity owns a copyright in the law, it can sell or ration the law, as well as make all sort of rules about when, where, and how we share it."

Downloading Music Is Quickly Going Out Of Fashion; HuffingtonPost.com, 10/24/14

Kerry Flynn, HuffingtonPost.com; Downloading Music Is Quickly Going Out Of Fashion:

"First records died, then cassette tapes, then CDs and now, downloads. That's right, we're all but officially in the age of streaming services. Apple might operate the largest online music store in the world, but the Apple Store's iTunes digital music sales have fallen about 13 percent this year, a source familiar with the matter tells the Wall Street Journal. The writing is on the wall."

Why We Need Bright Lines; Inside Higher Ed, 10/20/14

Joseph Storch, Inside Higher Ed; Why We Need Bright Lines:

"Frankly, the dueling decisions in these cases, and the numerous articles and statements by serious copyright scholars on both sides of this analysis, show that even those who steep themselves in the details of fair use can disagree on whether a certain use is fair or violative.

When intellectual property law experts cannot agree, we should not expect our history and math faculty to do justice to the fair use analysis each time.

Instead, faculty will divide into two camps. One group will “throw caution to the wind” and use whatever content they wish in whatever form they desire, hoping never to raise the ire of the publishing companies.

The other, out of an abundance of caution, will self-censor, and fail to make fair use of content for fear that they might step over a line they cannot possibly identify, and can never be certain of until a judge rules one way or the other. Either way, our students and the publishers lose out.""

Crooner in Rights Spat: Are copyright laws too strict?; New Yorker, 10/20/14

Louis Menand, New Yorker; Crooner in Rights Spat: Are copyright laws too strict? :

"This almost instinctive distinction between what is proper in the analog realm and what is proper in the digital realm is at the center of a global debate about the state of copyright law. Statutes protecting copyright have never been stricter; at the same time, every minute of every day, millions of people are making or using copies of material—texts, sounds, and images—that they didn’t create. According to an organization called Tru Optik, as many as ten billion files, including movies, television shows, and games, were downloaded in the second quarter of this year. Tru Optik estimates that approximately ninety-four per cent of those downloads were illegal. The law seems to be completely out of whack with the technology."