Rapper Rick Ross Loses 'Everyday I'm Hustlin'' Copyright Claim; Reuters via New York Times, 9/16/15

Reuters via New York Times; Rapper Rick Ross Loses 'Everyday I'm Hustlin'' Copyright Claim:

"Rapper Rick Ross cannot copyright the words "Everyday I'm hustlin'," a U.S. judge has ruled, putting an end to his claim against music group LMFAO for selling T-shirts with the similar catch-phrase "Everyday I'm shufflin'."

In a ruling released on Tuesday in Miami federal court, U.S. District Judge Kathleen Williams said Ross's slogan, a prominent part of his 2006 debut hit "Hustlin'," is a short expression that courts have repeatedly said cannot be copyrighted...

In her order on Tuesday, Williams said that "Hustlin'," as a song, is protected by copyright. But Ross' three-word slogan, is made up of ordinary words and cannot be copyrighted, she said. The judge compared it to other music catch-phrases from the past, such as "you got the right one, uh-huh," "holla back," and "we get it poppin'," saying it is a "short expression of the sort that courts have uniformly held uncopyrightable.""

Why I gave up my copyright: Kirill Medvedev; Guardian, 9/17/15

Kirill Medvedev, Guardian; Why I gave up my copyright: Kirill Medvedev:

"The Russian poet has been releasing his work free of ownership since 2004, insisting that publishers can only make editions without contracts and without his consent. He explains how opening his poems up to piracy is both a political protest and a liberating step towards intellectual sovereignty"

Appeals court strikes a blow for fair use in long-awaited copyright ruling; ArsTechnica.net, 9/14/15

Joe Mullin, ArsTechnica.net; Appeals court strikes a blow for fair use in long-awaited copyright ruling:

"The US Court of Appeals for the 9th Circuit today issued a ruling that could change the contours of fair use and copyright takedown notices.

In an opinion (PDF) published this morning, the three-judge panel found that Universal Music Group's view of fair use is flawed. The record label must face a trial over whether it wrongfully sent a copyright takedown notice over a 2007 YouTube video of a toddler dancing to a Prince song. That toddler's mother, Stephanie Lenz, acquired pro bono counsel from the Electronic Frontier Foundation. The EFF in turn sued Universal in 2007, saying that its takedown practices violated the Digital Millennium Copyright Act.

The judges ruled today that copyright holders "must consider the existence of fair use before sending a takedown notification.""

Copyright Office seeks your comments on its crazy, broken plan to deal with orphan works; BoingBoing.net, 9/14/15

Cory Doctorow, BoingBoing.net; Copyright Office seeks your comments on its crazy, broken plan to deal with orphan works:

"In June, the U.S. Copyright Office announced a widely criticized proposal to create a licensing system to clear these rights, with the goal of facilitating full-text access to copyrighted works for nonprofit and educational uses. The Copyright Office is currently soliciting comments on its proposal.

It’s a good thing that they’re soliciting comments: the proposal the Copyright Office came up with is an unworkable mess, filled with restrictions and gaps in coverage. It doesn’t solve the orphan works problem -- instead, it makes the problem worse, and adds a tax on cash-strapped, desperate libraries to the mix.

The Copyright Office needs to hear why its proposal is a bad idea. Comments are due to the Office by October 9, 2015. I submitted mine (below). You can submit yours online."

The International Fight Over Marcel Duchamp's Chess Set; Atlantic, 9/8/15

Quinn Norton, Atlantic; The International Fight Over Marcel Duchamp's Chess Set:

"Often called Moral Rights, French creators and their heirs are entitled not only to remuneration, but a high degree of creative control on how their works are used or represented in the world. It was this idea, of controlling how the artist's creation is used by others, that brought the estate to issue their Cease and Desist against Kildall and Cera. Farcot is particularly interested in how 3D printing is influenced by the mishmash of Berne laws governing the world. I spoke with him while he was waiting on an Ultimaker print of toys he was giving children in an upcoming weekend workshop he was teaching.

“It’s not black or white,” Farcot said. “It’s not easy for the creators, Kildall and Cera, to... say they should go ahead, go to court and they will win easily.” Facing a ruinously expensive legal fight thousands of miles and an ocean away, Kildall and Cera backed down. They quietly removed the files from Thingiverse, and negotiated a resolution with Duchamp’s heirs.

If the case was too hard to fight in French court, it would have been almost too easy to fight in U.S. court, the jurisdiction that could affect the lives of Kildall and Cera. “So under U.S. law, the chess pieces are absolutely in the public domain... and a U.S. court won’t honor French moral rights. I don’t see any practical way for the Duchamp estate to sue over the 3D-printed chess pieces in a U.S. court,” said Mitch Stoltz, a senior staff attorney at the Electronic Frontier Foundation who specializes in intellectual property."

More Closed-Door Meetings, a New Chief Transparency Officer, and Growing International Opposition to the Deal: What's Going on with the TPP; Electronic Frontier Foundation (EFF), 9/11/15

Maira Sutton, Electronic Frontier Foundation (EFF); More Closed-Door Meetings, a New Chief Transparency Officer, and Growing International Opposition to the Deal: What's Going on with the TPP:

"Civil society groups and advocates have meanwhile continued the fight against the TPP. In New Zealand, thousands of people went to the streets to protest the TPP, as other leading advocates have filed a legal challenge over the government's refusal to release documents relating to the agreement. A group of Japanese health advocates, including eight lawmakers and 157 lawyers, are also suing their government, on the grounds that the deal is unconstitutional and a danger to public health. The TPP's Copyright Trap, which is an EFF campaign to fight back against the agreement's 20-year retroactive copyright term extension, succeeded in directing hundreds of messages to TPP negotiators to resist the United States' copyright maximalist demands. Our U.S. action to petition the Register the Copyrights to reaffirm its commitment to balanced policy has garnered thousands of signatures."

R.E.M. bashes Trump, Cruz for using 'It's the End of the World' at rally; CNN.com, 9/10/15

Holly Yan, CNN.com; R.E.M. bashes Trump, Cruz for using 'It's the End of the World' at rally:

"Donald Trump has been blaring R.E.M. on the campaign trail, and the band doesn't feel fine about it.

The GOP presidential candidate took to the podium Wednesday on the steps of Capitol Hill to slam President Barack Obama's proposed Iran nuclear deal. His walk-up music? R.E.M.'s 1987 hit "It's the End of the World as We Know It (And I Feel Fine)."

Rival candidate Sen. Ted Cruz, whom Trump acknowledged having a political "romance" with, was the one who invited Trump to speak at the rally.

R.E.M. frontman Michael Stipe was livid after the use of his band's song at the event.

"Go f*ck yourselves, the lot of you -- you sad, attention-grabbing, power-hungry little men," Stipe said in an email to The Daily Beast. "Do not use our music or my voice for your moronic charade of a campaign.""

Can R.E.M. demand Donald Trump “cease and desist” playing their song?; Salon.com, 9/10/15

Scott Timberg, Salon.com; Can R.E.M. demand Donald Trump “cease and desist” playing their song? :

"We spoke to intellectual property lawyer Joel Schoenfeld, a former counsel for the Record Industry Association of American and now an attorney at the New York firm Mitchell Silberberg & Knupp. The interview has been edited slightly for clarity.

This week we have another couple of cases of political figures using rock songs at rallies and the bands objecting. Do the musicians – R.E.M. and Survivor in these cases — have any legal leg to stand on?

Yes. Basically, when an artist records a song, there are usually two copyrights involved. One is the musical composition being performed, which may or may not be written by the people who perform it, and the other is the master recording of that song, usually owned by the artist or the band. Usually, if they’re relatively successful, the artist or band has signed a deal with their record label, who has then the full rights to exercise their copyright in that master recording. Same with a songwriter or composer, who has probably done a deal with a music publisher who also has those rights.

There are [also] artists who alleged public confusion – making the public think that artist is endorsing that politician. I’m not aware of any case that’s come to a judgment, but they’re usually settled and the politician is usually the one that apologizes."

Defiant Kentucky Clerk Kim Davis Could Face More Legal Trouble. This Time for Copyright.; Mother Jones, 9/9/15

Gabrielle Canon, Mother Jones; Defiant Kentucky Clerk Kim Davis Could Face More Legal Trouble. This Time for Copyright.:

"Yesterday, Kim Davis—the now-infamous Rowan County clerk who was held in contempt for refusing to issue marriage licenses to same-sex couples in Kentucky—was released from a five-night stint in jail. Escorted by Mike Huckabee, the GOP presidential hopeful who helped throw the rally for her release, an emotional Davis threw her arms in the air, closed her eyes, and basked in the sounds of "Eye of the Tiger," Survivor's 1982 hit about being awesome.

Unfortunately for Davis, the writers of that song don't think Davis is so awesome—and they never agreed to let her or Huckabee broadcast their song at the rally. Survivor's Jim Peterik tweeted his disapproval, saying Davis would be receiving a "cease and desist" letter from his publisher"

Copyright and other Library of Congress computer systems are working again; Washington Post, 9/8/15

Peggy McGlone, Washington Post; Copyright and other Library of Congress computer systems are working again:

"The online registration system at the U.S. Copyright Office is back online after more than a week of being down, Library of Congress officials confirmed. In addition, the Braille and Audio Reading Download system, or BARD, has also come back online.

The Copyright Office’s electronic registration system was reinstated on Sunday, nine days after it was taken down as part of scheduled maintenance at the Library of Congress. The BARD system, a free service of recorded books and magazines that was offline since Sept. 1, became operational Tuesday, a week after it failed."

‘Mr. Holmes’ Lawsuit Reaches Settlement, Says Arthur Conan Doyle Estate Attorney; Variety, 9/3/15

Ted Johnson, Variety; ‘Mr. Holmes’ Lawsuit Reaches Settlement, Says Arthur Conan Doyle Estate Attorney:

"The attorney for the estate of Sherlock Holmes creator Arthur Conan Doyle said they have reached an agreement in principle with the makers of the recent Sherlock Holmes movie “Mr. Holmes,” which the estate claimed infringed on stories that still remain under copyright.

In May, the Conan Doyle estate sued Miramax, Roadside Attractions and director Bill Condon over the movie, which starred Ian McKellen in the title role and opened in July. The lawsuit also named writer Mitch Cullin and Penguin Random House, publisher of Cullin’s “A Slight Trick of the Mind” — a new Holmes tale on which the movie “Mr. Holmes” is based...

On Wednesday, Allison and Laura Schauer Ives, attorney for Penguin Random House and Cullin, filed a notice of dismissal for their portion of the case, without costs to any party. Allison said that the e-book version of “A Slight Trick of the Mind” now acknowledges “use of copyrighted material by kind permission of the Conan Doyle estate.”

The movie depicted an aged, retired Holmes looking back on his life and getting involved in an unsolved case.

The estate noted in its lawsuit that although many of Conan Doyle’s Sherlock Holmes works are in the public domain, 10 works published between 1923 and 1927 remain under copyright. Those works develop details of Holmes’ retirement and later life."

We’re All Artists Now; New York Times, 9/4/15

Laura M. Holson, New York Times; We’re All Artists Now:

"Choosing to be more creatively focused, though, can be disturbing at first. Ms. Cameron argues in “The Artist’s Way” that it can upend the delicate balance of relationships. “Many of us find that we have squandered our own creative energies by investing disproportionately in the lives, hopes, dreams and plans of others,” she writes. Others perceive a creative life as a quit-your-job-or-nothing proposition. They “like to think they are looking at changing their whole lives in one fell swoop,” Ms. Cameron writes, adding that, in “fantasizing about pursuing our art full time, we fail to pursue it part time — or at all.”

Indeed, many people aren’t interested in a wholesale career switch. Instead they are simply seeking a respite from a harried work and home life...

Beyond grown-up coloring books, the possibility for creative self-exploration is everywhere — especially in our phones. It is easy now to record and edit images, audio and video on our cellphones, making the commoditization of creativity even more pronounced. “We’ve become fascinated with innovation as a culture,” said Aaron Rasmussen, a founder of MasterClass, a new online education company that features writers, actors and sports figures teaching classes about the creative process. “People used to look at a movie and say, ‘I could do better than that,’ but they had no vehicle.”"

The Creative Apocalypse That Wasn’t; New York Times, 8/19/15

Steven Johnson, New York Times; The Creative Apocalypse That Wasn’t:

"If you believe the data, then one question remains. Why have the more pessimistic predictions not come to pass? One incontrovertible reason is that — contrary to the justifiable fears of a decade ago — people will still pay for creative works. The Napsterization of culture turned out to be less of a threat to prices than it initially appeared. Consumers spend less for recorded music, but more for live. Most American households pay for television content, a revenue stream that for all practical purposes didn’t exist 40 years ago. Average movie-­ticket prices continue to rise. For interesting reasons, book piracy hasn’t taken off the way it did with music. And a whole new creative industry — video games — has arisen to become as lucrative as Hollywood. American households in 2013 spent 4.9 percent of their income on entertainment, the exact same percentage they spent in 2000.

At the same time, there are now more ways to buy creative work, thanks to the proliferation of content-­delivery platforms. Practically every device consumers own is tempting them at all hours with new films or songs or shows to purchase. Virtually no one bought anything on their computer just 20 years ago; the idea of using a phone to buy and read a 700-page book about a blind girl in occupied France would have sounded like a joke even 10 years ago. But today, our phones sell us every form of media imaginable; our TVs charge us for video-­on-­demand products; our car stereos urge us to sign up for SiriusXM.

And just as there are more avenues for consumers to pay for creative work, there are more ways to be compensated for making that work."

In a dark corner of the Trans-Pacific Partnership lurks some pretty nasty copyright law; Washington Post, 9/3/15

David Post, Washington Post; In a dark corner of the Trans-Pacific Partnership lurks some pretty nasty copyright law:

"The copyright issue relates to so-called “orphan works.” As a consequence of many factors — the absurdly long term of copyright protection [life of the author plus 70 years — see my comments here on the liberation of Sherlock Holmes, after a lo-o-ong time, from his copyright shackles], along with the elimination of copyright notice, or copyright registration, requirements as preconditions for copyright protection — there are literally millions upon millions of works — books, letters, songs, articles, poems . . . — created in the ’30s, ’40s, or ’50s that are (a) still protected by copyright, and for which (b) it is virtually impossible to ascertain who owns the copyright, or even whether the copyright is still in force...

The solution is pretty obvious — a true legislative no-brainer: Amend the Copyright Act to eliminate statutory damages for these orphan works. Surely even Congress can see how idiotic it is that this class of invisible rights holders can keep this treasure trove of information out of the public’s hands, and there has indeed been significant movement recently (including a Copyright Office proposal to this effect) toward just such a change.

So what does all this have to do with the TPP? I’m glad you asked. It appears that the latest version of the treaty contains, buried within its many hundreds of pages, language that could require the U.S. to scuttle its plans for a sensible revision of this kind.[I say that this “appears” to be the case, because, of course, the text of the TPP has not been revealed to the public, so all we have are leaked versions appearing from time to time on WikiLeaks.]...

These (and other — poke around at the KEI site for more evidence) copyright provisions in the TPP are pretty dreadful and continue the disturbing trend of making copyright bigger, longer and stronger just when public policy demands the opposite...

[And as an ironic footnote to all this, part of the reason we’re in all this mess, as I mentioned at the start, is that we no longer have a sensible regime for copyright notice and copyright registration. Why don’t we? Because of another international agreement, the Berne Convention on Literary Property, that we acceded to in 1989 (and which prohibits all “copyright formalities).”] We would have been much, much better off on our own on that one."

Inspiration Or Appropriation? Behind Music Copyright Lawsuits; NPR, 9/5/15

Allyson McCabe, NPR; Inspiration Or Appropriation? Behind Music Copyright Lawsuits:

"Where do you draw the line between inspiration and appropriation when it comes to musical compositions? That question is at the heart of several high-profile court cases, including the recent "Blurred Lines" trial and a current copyright-infringement lawsuit involving "Stairway to Heaven." But it isn't always easy to prove a song is yours – particularly when you're up against one of the biggest rock and roll bands of all time."

Disney, Marvel, Lucasfilm & Sanrio slice into cake-frosting seller; ComicBookResources.com, 9/4/15

Kevin Melrose, ComicBookResources.com; Disney, Marvel, Lucasfilm & Sanrio slice into cake-frosting seller:

"Disney, Marvel and Lucasfilm have joined with Sanrio to stop a company from selling unlicensed cake frosting featuring their incredibly lucrative properties.

As first reported by THR, Esq., the entertainment giants filed a trademark- and copyright-infringement lawsuit against George and Danielle Wilson, whose Wilson Cake Imaging offers printed, edible frosting sheets and cake toppers depicting a wide range of characters and performers."

Copyright Office’s online registration hasn’t worked for almost a week; Washington Post, 9/3/15

Peggy McGlone, Washington Post; Copyright Office’s online registration hasn’t worked for almost a week:

"The U.S. Copyright Office’s electronic registration system has been down since Friday, costing the office an estimated $650,000 in lost fees and causing headaches for approximately 12,000 customers.

The outage is part of a bigger computer failure at the Library of Congress, the federal agency that oversees the national library, provides Congress with research advice and operates the Copyright Office, a major player in the global digital economy.

Scheduled maintenance on the library’s James Madison Building resulted in buildingwide power outages, officials said. The library’s information technology office is trying to restore the systems, but officials can’t say when service will return.

“This is pretty significant, and we have to do everything to make sure this never happens again,” said U.S. Register of Copyrights Maria Pallante about the computer crisis. “It’s ridiculous.”"

Outage slams copyright registration system at Library of Congress; FCW, 9/2/15

Adam Mazmanian, FCW; Outage slams copyright registration system at Library of Congress:

"The online system used to register initial copyright claims at the Library of Congress is down. Users looking to obtain copyright on books, art, music, film and other creative works are going to have to mail in paper copies of registration forms for the time being.

The system went down Aug. 29 after scheduled maintenance on the Library's James Madison building, which involved a power shutdown. An equipment failure during the restart resulted in the system, called eCO, going offline, according to a spokesperson for the Architect of the Capitol. The eCO website informs users that there is no "estimated time for service resumption." The spokesperson told FCW via email that the CIO team is "working to restore the system as quickly as possible.""

Can open data prevent a global food shortage?; Guardian, 9/2/15

Sean Hargrave, Guardian; Can open data prevent a global food shortage? :

"As the world goes from seven billion mouths to feed to nearly 10 billion by 2050, the pressure is on to produce 70% more food than today without harming the environment.

It is a huge task that has prompted the G8 countries and 120 governments and organisations around the world to to set up and support the Global Open Data for Agriculture and Nutrition (Godan) initiative. It encourages governments to open up data and help each other’s farmers learn from the information. According to its programme director, Martin Parr, it is the only way a growing population will be fed.

“The world needs a new agricultural revolution and that’s going to come through a data revolution,” he says."

Why Shouldn't Copyright Be Infinite?; Electronic Frontier Foundation (EFF), 9/1/15

Maira Sutton, Electronic Frontier Foundation (EFF); Why Shouldn't Copyright Be Infinite? :

"Australia National University’s Dr. George Barker suggested that New Zealand could do well by strengthening its copyright legislation. He warned against the fair dealing exceptions that have crept into the law and asked, “Why not have copyright law like property law—i.e. it lasts forever?”

That is a good question. And it is an important one as New Zealand and other countries consider extending the term of copyright under the Trans-Pacific Partnership agreement. Current New Zealand law maintains copyright in written and artistic works for 50 years after the death of the writer. Copyright in film and sound recordings is shorter, lasting 50 years from the works being first made available. While the text of the TPP is not yet public, it appears that the agreement would extend copyright’s duration to 70 years from the death of the creator.

So why shouldn’t copyright be infinite?"

Rousting the Book Pirates From Google; New York Times, 8/29/15

David Segal, New York Times; Rousting the Book Pirates From Google:

"Q. Book piracy has taken a new form. Someone scanned my entire e-book, “Graphic Design Solutions,” created a new cover and is selling it on Google Play. It is the same e-book, verbatim, and inside are the same images, same layout and the same interviews. The only difference is the name of the author. A person named Jazmin Bonilla gets the credit.

My royalties have plummeted, which affects my ability to donate to scholarships for my university students. Both my publisher and I have notified Google, but no action has been taken. Maybe the company will listen to you.

ROBIN LANDA, NEW YORK

A. The Haggler’s first thought: Find Jazmin Bonilla. Call and ask, “Is it a spectacular coincidence that you wrote the exact same book as Robin Landa? Or, are you a fiction invented by an e-book pirate? And if you are a fiction, why do you have a phone?”

Actually, his first thought was that if e-book piracy were a serious issue on Google Play, there would be other examples. There are many. A quick search led the Haggler to a site called The Digital Reader. There, the writer Nate Hoffelder detailed “rampant” e-book piracy, as he put it in a May post, in Google Play. He found that one shop was selling more than 100 pirated versions of best sellers by authors like Malcolm Gladwell, Sidney Sheldon and Ellery Queen.

They cost $2.11 each. But even these oddly priced bargains were kind of a rip-off. Mr. Hoffelder downloaded a few and found they “were clearly inferior copies with missing formatting, generic or outdated covers, and other problems,” he wrote."

In My View: The Human Cost of Comics Piracy; DownTheTubes.net, 8/28/15

Jay Gunn, DownTheTubes.net; In My View: The Human Cost of Comics Piracy:

"Piracy sites like the ones that are hosting my comic for ‘free’ hurt me – and yet I see sites are already hosting Issue Four only two days after release. If I search for my comic, the results for files (including images of the covers etc) come up pretty quickly.

I’ve had this debate many times with people – some say that piracy can actually be a positive element as it helps your work to reach a wider audience and some of those who ‘ripped’ your work may go on to actually buy future works. Maybe. Large corporate TV companies like HBO have even claimed that they can take the hit of piracy and that they are proud that their Game of Thrones show is the most pirated show on TV. However, I’m not HBO, I don’t have their vast finances. I don’t have the same clout, revenue streams or financial backing that HBO has. I’m simply a small first time comic creator that, some might say unwisely, decided to invest his own money into crafting a comic series."

Lost 'Happy Birthday' Manuscript Found in Kentucky as Debate Over Song's Copyright Drags On; Billboard, 9/1/15

Marc Schneider, Billboard; Lost 'Happy Birthday' Manuscript Found in Kentucky as Debate Over Song's Copyright Drags On:

"While the battle over "Happy Birthday’s" copyright drags on, a college librarian in Kentucky has discovered the long-lost manuscript of the ditty’s earliest version. Tucked inside a sketchbook that was donated to the University of Louisville half a century ago is the only known manuscript of Mildred Hill's song "Good Morning to All," which evolved into the pre-candle-blowout soundtrack we all know so well.

James Procell, the director of the school's Dwight Anderson Memorial Music Library, recently discovered the manuscript along with other papers and compositions by Hill, a native of the area. They were donated in the '50s by a local philanthropist but almost immediately lost when they weren’t archived properly.

The composition, which Hill co-wrote with her sister Patty, boasts a slightly different melody from the published version, yet the lyrics are the same. "The question is, is this the original version of the song, or was Ms. Hill somehow unhappy with the published version and this represents a revision of the song?" Procell said."

Who Owns Helen Gurley Brown’s Legacy?; New York Times, 8/22/15

Katherine Rosman, New York Times; Who Owns Helen Gurley Brown’s Legacy? :

"The person who has been impeding its arrival on the market is Ms. Burton, 56, the general counsel for and a senior vice president of the Hearst Corporation and the co-executor of Ms. Brown’s will...

Though the papers are housed by Smith College, their copyright is controlled by Ms. Burton. “She was quite clear that for commercial exploitation, she wanted us to oversee it,” Ms. Burton said. (Ms. Brown did sanction a 2008 biography, “Bad Girls Go Everywhere,” by the Bowdoin professor Jennifer Scanlon, published by Oxford University Press.) Ms. Burton delegated the vetting of project proposals and archive permissions to another longtime friend of Ms. Brown’s: Kim St. Clair Bodden, the senior vice president and editorial director of Hearst Magazines International, of which Cosmo is the most prolific global asset. She is also an officer of the Pussycat (a third is Roger P. Paschke, the chief investment officer of Hearst; none takes an administrative fee)...

When the time comes, Ms. Burton said she potentially would negotiate a usage fee for a large-scale project, with the money benefiting the Pussycat Foundation.

However, because the officers of the foundation and trustees of the copyright all are Hearst executives, “there is a technical conflict,” said Mr. Zabel, the estate lawyer. “They might censor or approve an incomplete version of her life, which could result in more protection of the Cosmo brand but could deprive charitable beneficiaries of benefits.” (Legal-speak for a principle championed by Ms. Brown: sex sells.)"

This man found out the hard way that you can’t copyright a chicken sandwich; Fortune, 8/25/15

Michael Addady, Fortune; This man found out the hard way that you can’t copyright a chicken sandwich:

"Norberto Colón Lorenzana recently filed a lawsuit against South American Restaurant Corporation (SARCO) claiming it stole his idea for a chicken sandwich recipe. He lost.

Colón was working at SARCO, an operator of Church’s Chicken locations in Puerto Rico, when he developed a concept for a new chicken sandwich. The company then performed taste tests with this original idea in mind, and the result was a new menu item that Colón called the “Pechu Sandwich.” Years later, SARCO decided to protect themselves by trademarking the name...

In explaining the court’s decision, Chief Judge Howard listed the eight categories of intellectual property that qualify for copyright protection:

(1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.

Not surprisingly, “chicken sandwich” does not fall under any of these categories. Howard said a recipe is simply a list of “functional directions to achieve a result,” and does not qualify for copyright protection. This particular recipe listed fried chicken, lettuce, tomato, cheese, and mayo."

How open data can help save lives; Guardian, 8/18/15

Eleanor Ross, Guardian; How open data can help save lives:

"The most interesting thing with providing raw data, says Shadbolt, is that you provide the information and the apps “think” about it when a situation arises. “The whole genius of the web is that you don’t even know how the data you put up will be used. For this reason it’s best to collect more information than you think you might ever need.”

Emma Thwaites, a spokesperson for the Open Data Institute, explains that data layering is where open data can have the most impact. “That’s when you can really see where the black spots are. Overlay air pollution, crime stats, and fuse the data together, and you can see the likelihood of the most dangerous things. From this you can work out where to position your ambulances, or fire stations. Data helps you to find the epicentre.”

As well as benefiting the local community, open data can also be used to help individuals."

Cheater, cheater, MOOC beater; Fortune, 8/26/15

Barb Darrow, Fortune; Cheater, cheater, MOOC beater:

"Researchers at MIT and Harvard this week published a paper finding that students taking online edX coursework were able to game the system by logging on as one person to check out online tests, scout out the right answers, and then log in again as themselves to take the test. Needless to say, that takes a lot of angst (and studying) out of the process.

This is not exactly good news for the burgeoning field of massive open online courses (aka MOOCs) popularized by the Kahn Academy but also increasingly embraced by traditional institutions. MIT and Harvard, with many other universities, for example have backed EdX, a MOOC platform, as a great way to provide low-cost education for lots of people and narrow the skills gap. EdX itself is a technology platform for packaging up and deploying online classes and is backed by MIT, Harvard, University of California at Berkeley, Dartmouth, and other schools. Students typically can use edX to earn certificates but not degrees at the affiliate schools.

According to an MIT News report, the paper’s co-author Isaac Chuang, an MIT professor of electrical engineering and physics, said as they analyzed student data, they noticed that some users answered questions “faster than is humanly possible.”"

The Fat Jew, Plagiarism and Copyright Law; Forbes, 8/24/15

Oliver Herzfeld, Forbes; The Fat Jew, Plagiarism and Copyright Law:

"What are the differences between plagiarism and copyright infringement?

First, plagiarism is a violation of ethics and industry norms that involves the failure to properly attribute the authorship of copied material, whereas copyright infringement is a violation of law that involves the copying of “original works of authorship fixed in any tangible medium of expression,” without a license or a so-called “fair use” exemption. So claims of plagiarism would apply to any joke even if it is only conveyed in a live performance that is not recorded, while copyright infringement would not apply to any such jokes that are never recorded or published in any way. Exposure to claims of copyright infringement would only apply to jokes that are written down, captured on film or memorialized in some other physical medium, whether paper, video or computer server.

Second, plagiarism applies to the copying of both ideas and the expression of ideas, while copyright law only protects the expression of ideas but not the ideas themselves. The copyright law’s so-called “idea/expression dichotomy” can lead to a lot of thorny issues. For example, if a comedian changes the words of another’s joke and puts it into her own words, is that a copying of only the “idea” which would not constitute a copyright infringement or a “substantially similar” copying that would constitute a copyright infringement? This has led to an informal standard in the world of comedy, namely, claims of joke copying must be based on material that is highly original, not simply topical, obvious or based on common denominator topics such as mothers-in-law, bosses or airline food. In this case, however, Ostrovsky is accused of copying others’ works lock, stock and barrel. For example, in one instance, Ostrovsky copied another comedian’s image of a daily planner with time blocked off for “drugs and alcohol” and other humorous scheduled items. Ostrovsky deleted the name, social media handle and face of the author from the image but made no effort to recreate it, rephrase the wording or otherwise alter the expression of the original idea in any manner."

Copyright Case Asks: What is a Cheerleading Uniform?; Wall Street Journal Law Blog, 8/19/15

Jacob Gershman, Wall Street Journal Law Blog; Copyright Case Asks: What is a Cheerleading Uniform? :

"The question before the appellate court was whether cheerleading uniforms are eligible for federal copyright protection.

Sixth Circuit Judge Karen Nelson Moore, who wrote the opinion, framed the case more enigmatically: “Are cheerleading uniforms truly cheerleading uniforms without the stripes, chevrons, zigzags, and color blocks?”

The dispute — an infringement claim by a uniform designer accusing another company of ripping off its designs (pictured above) — is a good example of how tricky it can be for courts to decide what is copyrightable.

Federal law says that for a work to be copyrightable it has to have some originality and be “fixed in a tangible medium of expression,” such as a canvas, film, a computer disc or even human skin. But things get extra complicated in cases involving three-dimensional objects.

How to distinguish between the mechanical or utilitarian aspects of an object and its artistic features is an unsettled area in case law. Only the latter is copyrightable. So, in an example offered by the U.S. Copyright Office in its manuals, the design of a chair cannot be copyrighted but a carving on the back of a chair can be. A T-shirt isn’t copyrightable but artwork printed on it is.

Courts have struggled to set guidelines for how to distinguish the useful qualities of a work from its expressive features."

‘Happy Birthday to You’; New York Times, 8/18/15

Helen L. Horowitz, Letter to Editor, New York Times; ‘Happy Birthday to You’ :

"In the 1890s, in Louisville, Ky., my grandmother Helen Solomon studied in what she called “kindergarten school” under Patty Hill. Helen revered her teacher and told me that Miss Hill and her sister Mildred created “Happy Birthday to You,” once “Good Morning to All,” because she believed that children needed a birthday song.

Knowing my love of history, my grandmother gave me the page of music she had saved from that time. On the top of the official title is “Happy Birthday” written in pencil.

I’m glad that neither my grandmother nor Patty Hill has knowledge of today’s ugly copyright squabble over a piece that was written by a generous woman for all."

DIY Tractor Repair Runs Afoul Of Copyright Law; NPR, All Tech Considered, 8/17/15

Laura Sydell, NPR, All Tech Considered; DIY Tractor Repair Runs Afoul Of Copyright Law:

"You may wonder why Alford doesn't just break that digital lock and get into the software and fix the problems himself. He could, but he'd be breaking the law. It's called the Digital Millennium Copyright Act of 1998, or DMCA. It was written because movie studios were worried that people would break the digital locks on DVDs, make copies and pirate them.

"And now we have this situation where there's digital locks on all kinds of things," says Kyle Wiens, co-founder of iFixit, which helps people repair their own technology. "There's digital locks on your garage door opener and if you want to circumvent that, if you want to use an aftermarket garage door opener that wasn't made by your garage door manufacturer, you might be violating copyright law."

And you can add to this list. It is illegal to break the digital locks on medical devices, such as a pacemaker, as well as game consoles and cars — pretty much anything you purchase that runs with software. If you break the digital lock you can face five years in prison and/or a half a million dollars in fines. Though we haven't heard of that happening to a farmer.

The law provides that every three years the Library of Congress' copyright office can review the law and make exemptions. Farm groups, mechanics, security researchers, consumer advocates are all in the midst of fighting for several exceptions.

Automakers, John Deere and other makers of construction equipment are opposed."

A South Bronx Graffiti Walkabout; New York Times, 8/17/15

David Gonzalez, New York Times; A South Bronx Graffiti Walkabout:

"When asked what was the difference between graffiti and street art, Crash replied that traditionalists see graffiti as strictly aerosol art that placed an emphasis on letters and color, while street artists might employ different types of paint, stencils or subjects and surfaces. Some have suggested that real graffiti artists should still be outlaws, but some of the most dedicated — and respected — graffiti artists in the Bronx are tired of that unrealistic expectation. Graffiti is not just a way of life for them, it is also how they have been able to make a living doing commissioned pieces or exhibiting and selling at galleries (or defending their copyright when used without permission by designers and ad agencies)."

Artist Outraged at 'Plagiarism' of His Sculpture in China; Associated Press via New York Times, 8/12/15

Associated Press via New York Times; Artist Outraged at 'Plagiarism' of His Sculpture in China:

"Renowned artist Anish Kapoor has expressed outrage about the appearance of a sculpture in China that appears identical to his "Cloud Gate" in Chicago.

Representatives of the British-Indian sculptor said Wednesday he was shocked at the "blatant plagiarism" of his sculpture, a giant, mirrored piece displayed in Chicago's Millennium Park that reflects the city's skyline...

"It seems that in China today it is permissible to steal the creativity of others," he said. "I hope that the Mayor of Chicago will join me in this action. The Chinese authorities must act to stop this kind of infringement and allow the full enforcement of copyright.""

The twisted history of the Happy Birthday song—and the copyright shenanigans that keep it profitable; BoingBoing.net, 8/7/15

Glenn Fleishman, BoingBoing.net; The twisted history of the Happy Birthday song—and the copyright shenanigans that keep it profitable:

"The final determination about when "Happy Birthday" lost its copyright protection will be made by the judge in the case, who, after some back and forth filings and possibly an in-court hearing in the next week, will probably issue his opinion between the end of August and the end of September, says Rifkin.

It would be nice to close the book on "Happy Birthday," but it doesn't close the book on copyright absurdity. An abundance of material from 1923 is poised to enter the public domain in 2019 unless a further taking of the public interest occurs, as the Sonny Bono Copyright Term Extension Act did in 1998, adding an unnecessary 20 years to the existing 50 years' protection past an authors' death.

Rather than sing "Happy Birthday" on January 1, 2019, we should sing another variation of the song: "Good-bye to you.""

‘Right to Be Forgotten’ Online Could Spread; New York Times, 8/5/15

Farhad Manjoo, New York Times; ‘Right to Be Forgotten’ Online Could Spread:

"Proponents of the law also reacted skeptically to the claim that the right to be forgotten would be used by other countries to force content restrictions beyond those involving privacy.

“That’s nonsense,” said Marc Rotenberg, the executive director of the Electronic Privacy Information Center, a privacy advocacy group. He argued there were ways to limit access to private information that would not conflict with free speech, and he noted that Google already had a process for global removal of some identifiable private information, like bank account numbers, social security numbers and sexually explicit images uploaded without the subject’s consent (known as “revenge porn.”).

“A global implementation of the fundamental right to privacy on the Internet would be a spectacular achievement,” said Mr. Rotenberg. “For users, it would be a fantastic development.”

Mr. Zittrain, of Harvard, pointed out that Google also removes content globally to abide by copyright law. When Google receives a takedown notice for linking to infringing content, it removes those links from all of its sites across the world. Couldn’t it do the same for private information?

The trouble with comparing copyright law to privacy, though, is that the United States and Europe broadly agree on what constitutes copyrighted content, but private information is far more nebulous."

Katy Perry's Met Ball dress the subject of copyright infringement lawsuit; Guardian, 8/6/15

Tshepo Mokoena, Guardian; Katy Perry's Met Ball dress the subject of copyright infringement lawsuit:

"One artist is less than impressed with the dress that Katy Perry wore to this year’s Met Ball – and not for sartorial reasons. Brooklyn street artist Rime, born Joseph Tierney, has filed a copyright infringement lawsuit against designer Jeremy Scott and design house Moschino, for making a dress that Tierney believes imitates a signature graffiti tag that he painted on a Detroit building."

An Old Songbook Could Put ‘Happy Birthday’ in the Public Domain; New York Times, 8/4/15

Ben Sisario, New York Times; An Old Songbook Could Put ‘Happy Birthday’ in the Public Domain:

"Yet “Happy Birthday to You” has long been a prime target for critics of the laws that regulate copyright. Thanks to an extension made under the Sonny Bono Copyright Term Extension Act of 1998 — which was lobbied for heavily by Hollywood — the song remains under protection through 2030.

“The fact that ‘Happy Birthday to You’ is still under copyright is the most symbolic example of how copyright has expanded and overreached beyond its Constitutional purpose,” said Kembrew McLeod, a communications professor at the University of Iowa who has written about the song."

To Some, Beijing Olympics Song Is Suspiciously Similar to Ballad From Disney’s ‘Frozen’; New York Times, 8/3/15

Didi Kirsten Tatlow, New York Times; To Some, Beijing Olympics Song Is Suspiciously Similar to Ballad From Disney’s ‘Frozen’ :

"On the YouTube page for “The Snow and Ice Dance,” one of 10 official songs of the Games, many of the comments were in Chinese, although it was not clear how many of them came from the mainland, where an official ban on the site makes access difficult...

Caijing Online, the website of a prominent Chinese business magazine, also noted the similarities, and offered a technical analysis that went beyond the melodic parallels. Among the main points: Both songs employ a piano as the major instrument, have similar prelude chords and an eight-beat introduction, and they run at almost exactly the same tempo...

Accusations of plagiarism and other forms of intellectual property theft are not new in China, where the legal concepts of trademarks and copyrights are not rigorously enforced and remain a source of tension between China and the United States.

Just last month a dispute erupted over a Chinese animated film, “The Autobots,” in which the characters look remarkably like those in “Cars,” produced by Disney’s Pixar Animation Studios. Viewers called “The Autobots” a shameless copy, but the film’s director said he had never even seen “Cars.”"

Talks for Pacific Trade Deal Stumble; New York Times, 7/31/15

Jonathan Weisman, New York Times; Talks for Pacific Trade Deal Stumble:

"Trade negotiators from the United States and 11 other Pacific nations failed to reach final agreement on Friday, with difficult talks on the largest regional trade agreement ever deadlocking over protections for drug companies and access to agriculture markets on both sides of the Pacific...

In the end, a deal filled with 21st-century policies on Internet access, advanced pharmaceuticals and trade in clean energy foundered on issues that have bedeviled international trade for decades: access to dairy markets in Canada, sugar markets in the United States and rice markets in Japan...

Australia, Chile and New Zealand also continue to resist the push by the United States to protect the intellectual property of major pharmaceutical companies for as long as 12 years, shielding them from generic competition as they recoup the cost of developing next-generation biologic medicines."

Negotiators say they substantially narrowed the number of outstanding issues. They vowed to keep the momentum going. But, as one non-United States official said, if talks go into hiatus for long, it could be easier for many of the countries to say no than yes."

Lilly Pulitzer sues Old Navy for copyright infringement; Fortune, 7/30/15

Laura Lorenzetti, Fortune; Lilly Pulitzer sues Old Navy for copyright infringement:

"Lilly Pulitzer, known for its bright and unique fabric patterns, is suing Old Navy for copyright infringement, saying the Gap-owned unit blatantly stole two of the designer’s fabric prints.

While apparel designs are not covered by any intellectual property laws, one-of-a-kind prints and patterns do fall under that protection. Sugartown Worldwide, which owns the Lilly Pulitzer brand and its 33 retail stores, alleged that Old Navy knocked off two of its colorful prints, causing “irreparable harm” to the company."

Librarians stir the pot for copyright reform; Brisbane Times, 7/31/15

Natalie Bochenski, Brisbane Times; Librarians stir the pot for copyright reform:

About 1500 libraries around Australia will on Friday, July 31, take part in ALIA's Cooking for Copyright campaign, with everyone else encouraged to take part as well.

Sue McKerracher, of the Australian Librarian and Information Association, said it was inspired by the thousands of vintage recipes that lay dormant in unpublished library collections.

"What we want is for everyone to cook something, photograph it, and send it to us using the hashtag," she said.

Advertisement "That will effectively give us a good petition to take to the government and ask the Attorney-General to review the legislation, make this change and give a gift to the Australian people."

ALIA has declared Friday, July 31, Cooking for Copyright Day, to draw attention to the quirk of legislation that prohibits unpublished documents from being uploaded online.

"We've got lots of real treasures locked up in museums, libraries, galleries, historical societies that can't be shared online with the Australian public because of this copyright restriction," Ms McKerracher said...

Ms McKerracher said the National Library in Canberra alone held more than two million unpublished works.

"Those include letters from Jane Austen, Prince Albert, Captain Cook, Charles Darwin, Dame Nellie Melba, Christobel Pankhurst and Banjo Patterson, but you wouldn't know that, because we can't put them on the web," she said."

Conan O'Brien Targeted in Lawsuit Claiming He Lifted Jokes from Twitter; Hollywood Reporter, 7/27/15

Eriq Gardner, Hollywood Reporter; Conan O'Brien Targeted in Lawsuit Claiming He Lifted Jokes from Twitter:

"The new lawsuit comes amid some focus on joke theft on Twitter. This past week, a few jokes published on the media service were removed, apparently at the request of a freelance writer. This led to numerous articles that Twitter was taking joke theft seriously, though it's probably nothing more than an individual submitting a simple form pursuant to the Digital Millennium Copyright Act.

Internet service providers only give light scrutiny towards takedown requests. By expeditiously removing material that's claimed to be a violation of copyright, services like Twitter gain an affirmative defense against copyright liability. Users who have material removed then have the opportunity of submitting a counter-notice, which typically results in restoration and provides notice to the rights holder of whom to sue if there's still a dispute."

Pitt Law Librarians Help Uncover Smoking Gun Evidence in Historic “Happy Birthday” Song Lawsuit; Pitt Law, 7/28/15

Pitt Law; Pitt Law Librarians Help Uncover Smoking Gun Evidence in Historic “Happy Birthday” Song Lawsuit:

"It’s evidence that might prove conclusively there is no copyright to the lyrics of the “Happy Birthday” song, and attorneys for the plaintiffs in the class-action lawsuit Good Morning To You Productions Corp. v. Warner/Chappell Music, Inc discovered it was housed in the University of Pittsburgh’s library storage facility. Scrambling to get a hold of it, the attorneys contacted Pitt Law professor and intellectual property law expert Michael Madison. He put them in touch with the Barco Law Library's interim director Marc Silverman and law librarian Linda Tashbook.

The fourth edition of The Everyday Song Book was published in 1922 and contains lyrics for “Happy Birthday To You” without any copyright notice, which predates Warner/Chappell’s 1935 copyright registration...

Now with the help of Pitt Law and the University, the world’s most recognized song in the English language (according to the Guinness Book of World Records) may become free to the public. In a new filing in the case (PDF), the attorneys for the plaintiffs write, “[T]he documents prove conclusively that the song is in the public domain, thus making it unnecessary for the Court to decide the scope or validity of the disputed copyrights…""

"Happy Birthday" Lawsuit: "Smoking Gun" Emerges in Bid to Free World's Most Popular Song; Hollywood Reporter, 7/27/15

Eriq Gardner, Hollywood Reporter; "Happy Birthday" Lawsuit: "Smoking Gun" Emerges in Bid to Free World's Most Popular Song:

"The filmmakers working on a documentary about the world's most popular song, "Happy Birthday to You," and currently suing Warner/Chappell for the right to use the song in the documentary without any license fee, filed court papers on Monday touting newly uncovered evidence that "proves conclusively that there is no copyright to the Happy Birthday lyrics."

The "proverbial smoking gun," as the plaintiffs put it to a California judge, is a book of children's songs that comes straight out of Warner/Chappell's digital library.

Betsy Manifold and Mark Rifkin, attorneys for the plaintiffs, were only given access to these files just three weeks ago. They were told the documents were held back "mistakenly." What they found was a blurry version of the 15th edition of The Everyday Song Book, published in 1927. The book contained Happy Birthday lyrics. Intrigued by the discovery, and looking for a cleaner version, the lawyers started hunting down earlier editions, and in the archives of The University of Pittsburgh, they came upon the fourth edition, published in 1922, which included the famous Happy Birthday song without any copyright notice."

Patent Protection for Drugs Puts Pressure on U.S. in Trade Talks; New York Times, 7/30/15

Jonathan Weisman, New York Times; Patent Protection for Drugs Puts Pressure on U.S. in Trade Talks:

"“The goal of the pharmaceutical industry is to change the rules internationally, to change global norms with a new monopoly that is cheaper for the companies and stronger,” said Judit Rius Sanjuan, a legal policy adviser for Doctors Without Borders’ medical access campaign, which wants lower-cost drugs on the market faster.

On the other side, Senator Orrin G. Hatch, the Utah Republican who is chairman of the Senate Finance Committee, singled out the next generation of pharmaceuticals, called biologics, and warned on Wednesday that “a strong intellectual-property chapter — including strong patent and regulatory data protections for biologics — is vital to securing congressional support for this trade deal.”

The complexity of the pharmaceutical issues illustrates how difficult it will be to agree on broad trade rules for 12 countries, including giants like the United States and Japan and developing counties like Peru, Malaysia, Vietnam and tiny Brunei. United States negotiators are using novel arguments to secure positions. For instance, they are pushing to mandate open access to the Internet as an antipiracy measure, so Hollywood can use streaming videos to completely cut out the often-copied DVD."

Pitt library songbook key to lawsuit over ‘Happy Birthday’ rights; Pittsburgh Post-Gazette, 7/30/15

Luke Nozicka, Pittsburgh Post-Gazette; Pitt library songbook key to lawsuit over ‘Happy Birthday’ rights:

"The plaintiffs argued in a court filing this week that the copyright for the song expired when both versions of the song were published in the 1922 “Everyday Song Book.”...

On July 21, Mike Madison, faculty director of Pitt Law’s Innovation Practice Institute, received an email from Mr. Rifkin asking if a law student could send him copies of a 1916 version of the book located in Pitt’s Theodore M. Finney Music Library. But Jeanann Haas, head of Special Collections at University Library System, said no “Happy Birthday” lyrics were found in it.

However, the lyrics are in the 220-page 1927 version, a 12th edition, located at Hillman Library in Pitt’s Special Collections Department. Librarians there faxed a copied version of song 16 in the book published by The Cable Company in Chicago, titled “Good Morning and Birthday Song” to the attorney, which was used as evidence at the hearing Wednesday.

The attorneys said the Pitt songbook was the “smoking gun” evidence that would prove once and for all that the song is not copyrighted...

Regardless of how the judge rules, Mr. Silverman said it is almost funny how much attention Pitt is getting from this, considering all they really did “was copy a couple pages and fax them off.”

“We pull rabbits out of the hat day in and day out,” Mr. Silverman said. “We fax a couple pages to an attorney... and all of a sudden, the whole world is coming to our doorstep and saying, ‘Man, the librarians are really great.'"

Filmmakers fighting “Happy Birthday” copyright find their “smoking gun”; ArsTechnica.com, 7/27/15

Joe Mullin, ArsTechnica.com; Filmmakers fighting “Happy Birthday” copyright find their “smoking gun” :

"t's been two years since filmmakers making a documentary about the song "Happy Birthday" filed a lawsuit claiming that the song shouldn't be under copyright. Now, they have filed (PDF) what they say is "proverbial smoking-gun evidence" that should cause the judge to rule in their favor.

The "smoking gun" is a 1927 version of the "Happy Birthday" lyrics, predating Warner/Chappell's 1935 copyright by eight years. That 1927 songbook, along with other versions located through the plaintiffs' investigations, "conclusively prove that any copyright that may have existed for the song itself... expired decades ago."

Even if the owner wasn't first, "Copyright law requires originality, not novelty." If the filmmakers' lawyers are right, it could mean a quick route to victory in a lawsuit that's been both slow-moving and closely watched by copyright reform advocates. Warner/Chappell has built a licensing empire based on "Happy Birthday," which in 1996 was pulling in more than $2 million per year."

State Of Georgia Sues Carl Malamud For Copyright Infringement For Publishing The State's Own Laws; TechDirt.com, 7/24/15

Mike Masnick, TechDirt.com; State Of Georgia Sues Carl Malamud For Copyright Infringement For Publishing The State's Own Laws:

"Two years ago, we wrote about the state of Georgia ridiculously threatening to sue Carl Malamud and his site Public.Resource.org for copyright infringement... for publishing an official annotated copy of the state's laws. This followed on a similar threat from the state of Oregon, which wisely backed down. Malamud has spent the last few years of his life doing wonderful and important work trying to make sure that the laws that we live by are actually available to the public. The specific issue here is that while the basic Georgia legal code is available to the public, the state charges a lot of money for the "Official Code of Georgia Annotated." The distinction here is fairly important -- but it's worth noting that the courts will regularly rely on the annotations in the official code, which more or less makes them a part of the law itself. And then, the question is whether or not the law itself should be subject to copyright restrictions. Malamud has long argued no, while the state has obviously argued yes, probably blinded by the revenue from selling its official copy of the annotated code."

It took two years, but the state has now done the absolutely ridiculous thing of suing Malamud. It is about as ridiculous as you would expect again focusing on the highly questionable claim that the Official Code of Georgia Annotated is covered by federal copyright law -- and that not only was Malamud (*gasp*) distributing it, but also... creating derivative works! Oh no! And, he's such an evil person that he was encouraging others to do so as well!"

ALA president calls for digital transformation of Copyright Office; American Library Association (ALA) Press Release, 6/12/15

American Library Association (ALA) Press Release; ALA president calls for digital transformation of Copyright Office:

"Today, American Library Association (ALA) president Courtney Young responded to the introduction of the Copyright Office for the Digital Economy Act (CODE Act) by Representatives Judy Chu (D-CA) and Tom Marino (R-PA):

“For more than 20 years, content creators, rights holders, legislators and public users alike have acknowledged that the U.S. Copyright Office needs to modernize its technological capabilities for the 21st century. Unfortunately, the recently introduced Copyright Office for the Digital Economy Act does little to address significant technology challenges impacting the U.S. Copyright Office.

“The bill’s proposal to make the Copyright Office an independent agency does not address the longstanding problems facing the agency, specifically that the Copyright Office’s information technology systems are woefully inadequate in serving both rights holders and the public in the digital environment. Much of the Copyright Office's shortcomings were detailed in a Government Accountability Office report published in March 2015. Instead of independent authority, the Copyright Office needs resources—both in the form of funding and technical expertise—to bring it out of the typewriter age.

“Rights holders, authors, publishers, libraries and the general public nationwide rely on the robust U.S. Copyright registration and recordation system to identify the copyright status of works. Comprehensive and accurate records in digital systems that can communicate with other digital systems are necessary to handle any transaction—whether one is trying to register copyright in order to proceed with legal action or whether one is just trying to identify who holds the rights to a particular work. In addition, progress should be made immediately to build the necessary digital storage facilities for digitally-born works.

“We urge the U.S. Congress to support the investment necessary to transition the Copyright Office from a paper-based system to a digital system that uses the most effective digital technology, systems and software–to enable commerce, promote access to content, and to inspire the creators and artists of the future who wish to make use of the previous works. A successful overhaul of the Copyright Office’s information technology infrastructure cannot be achieved by securing the Copyright Office’s independence from the Library of Congress. We have a much more important problem to solve that cannot be fixed by changing the address of the Copyright Office.”"

The Copyright Office Belongs in a Library; Electronic Frontier Foundation (EFF), 7/23/15

Parker Higgins, Electronic Frontier Foundation (EFF); The Copyright Office Belongs in a Library:

"The ALA is correct. The way to solve the problems of the Copyright Office and the Librarian of Congress is not to separate the two. Rather, it's to dedicate resources better and push for more thoughtful leadership. On both counts, a smart choice for Librarian of Congress will help.

There are also historical reasons to leave it in place, dating back to the 1870 law that centralized key copyright functions in the Library. Most notably, the deposit requirement—that authors and artists submit copies of works they are registering for copyright—has provided enormous public value by building up the collection. Of course, the Copyright Office performs other functions. But operations like maintaining a catalog of registrations, providing technical assistance to legislators and executive branch agencies, and providing information services to the public are all better understood as being, on some level, library services.

So both ideologically and pragmatically speaking, any hasty moves to yank the Copyright Office out of the Library should be non-starters. The Copyright Office has an important role to play in protecting the public interest. It’s most likely to play that role if it answers to a Librarian."