Copyright Week; Electronic Frontier Foundation (EFF)

Electronic Frontier Foundation (EFF); Copyright Week

Open Access Movement Demands More: 2015 in Review; Electronic Frontier Foundation (EFF), 1/2/16

Elliot Harmon, Electronic Frontier Foundation (EFF); Open Access Movement Demands More: 2015 in Review:

"In October 2015, all six editors of the linguistics journal Lingua quit at once, along with its 31-member editorial board. The walkout brought mainstream attention to a debate that has been brewing for years over the future of academic publishing.

Elsevier—Lingua’s publisher—classifies it as a hybrid journal. By default, Lingua is available only to subscribers (or to institutions that purchase access to journals in bulk). Individual writers can choose to have their articles shared openly if they pay an additional fee. In principle, there’s nothing wrong with those fees—most major open journals have article processing charges, as do many closed journals. But Lingua’s editors believed that their journal’s fee was prohibitively high and didn’t correspond to increased support from Elsevier. The same team is planning to launch a new journal next year with the growing open access publisher Ubiquity Press.

In a lot of ways, what happened at Lingua is emblematic of something that’s been happening all year. If 2014 was the year that the open access movement became mainstream, then this is the year we stopped compromising with closed publishers.

One of the biggest tactics the open access movement can use to effect change is encouraging research funders to adopt open access policies—that is, policies that require that any work they fund be shared openly. Creative Commons reports that in 2015, five major foundations adopted policies requiring any research they fund to be published under an open license: the Ford Foundation, the Bill and Melinda Gates Foundation, the William and Flora Hewlett Foundation, the Wikimedia Foundation, and the Vancouver Foundation."

Dutch lead European push to flip journals to open access; Nature, 1/6/16

Declan Butler, Nature; Dutch lead European push to flip journals to open access:

"The Netherlands is leading what it hopes will be a pan-European effort in 2016 to push scholarly publishers towards open-access (OA) business models: making more papers free for all users as soon as they are published.

In 2014, publishers worldwide made 17% of new papers OA immediately on publication, up from 12% in 2011 (see ‘Growth of open access’). But most papers are still locked behind paywalls when they are first published. The Dutch government, which took over the six-month rotating presidency of the European Union council of ministers this month, has declared furthering OA to be one of its top priorities...

A major driving force for the Dutch and British deals was to combat the expensive and controversial ‘hybrid’ business models that have been adopted by many subscription journals worldwide. Hybrid journals collect subscriptions but allow authors to make individual papers open for a fee. They charge higher fees, on average, than do fully OA journals, yet scientists who want OA papers often choose to publish with them because they are generally more established or prestigious than many recently launched OA journals."

U.S. Top Court to Examine How Government Agency Reviews Patents; Reuters via New York Times, 1/15/16

Reuters via New York Times; U.S. Top Court to Examine How Government Agency Reviews Patents:

"The U.S. Supreme Court will consider whether a federal agency's procedures have made it too easy to successfully cancel patents after agreeing on Friday to decide a case involving a vehicle speedometer that alerts drivers if they are speeding.

The nine justices will hear an appeal filed by Cuozzo Speed Technologies LLC, whose speedometer patent was invalidated in a U.S. Patent and Trademark Office review procedure after being challenged by GPS device maker Garmin Ltd in 2012.

Companies that are frequent targets of patent suits, including Apple Inc and Google Inc, have taken advantage of the patent office procedure, known as inter partes review (IPR), in unexpectedly high numbers since it was put in place in 2012.

These reviews allow anyone to challenge the validity of a patent far more cheaply and quickly than in a U.S. federal court.

The high court justices will now consider whether the patent office is improperly interpreting the patents that come before it in the reviews. Critics say this leads to a high rate of patent cancellations."

Fan-made ‘X-Men: Danger Room Protocols’ calls in the Sentinels; ComicBookResources.com, 1/19/16

Kevin Melrose, ComicBookResources.com; Fan-made ‘X-Men: Danger Room Protocols’ calls in the Sentinels:

"Wolverine and Jean Grey team up against the Sentinels in the premiere episode of the animated web series X-Men: Danger Room Protocols, a fan tribute to the 1990s cartoon and comics.

Announced earlier this month, the biweekly project by Joel Furtado is exactly as advertised: Classic X-Men are placed by Professor X into teams of two and put through their paces in the Danger Room.

Anne Frank's diary caught in fierce European copyright battle; Guardian, 1/18/16

Alison Flood, Guardian; Anne Frank's diary caught in fierce European copyright battle:

"In a letter to Ertzscheid sent in late December, the foundation asks him to “cease and desist” from making The Diary of a Young Girl available online, to “immediately” announce he was “misinformed” about the copyright in the diary, to compensate damages, and to pay €1,000 each day he does not comply with the instructions, or risk court proceedings.

Ertzscheid went ahead, however, describing it as a “gift”. “This first of January 2016, 70 years after the death of Anne Frank, because this is enough time and because it is legal, this diary, her diary, enters the public domain. It belongs to everyone. And it is up to each of us to weigh its importance,” he wrote."

Yosemite to Rename Several Iconic Places; Outside, 1/14/16

Christopher Solomon, Outside; Yosemite to Rename Several Iconic Places:

"The outgoing company also trademarked “Yosemite National Park” for merchandising purposes, said Gediman. Will you be able to buy a Yosemite T-shirt at the gift shop come March 1? “That’s something that remains to be determined,” he said.

The announcement is the latest drama in a long legal dispute between the park service and the concessionaire, DNC Parks & Resorts at Yosemite, Inc. And it comes as the agency kicks off the centennial celebration year of America’s national parks system—when the park service would rather be feting America’s parks, not painting over signs at one of its marquee locations.

The news angered some park watchers.

“It’s a really unfortunate situation where the National Park Service is being held hostage by a corporate concessionaire who clearly does not have the public interest at heart,” said Amy Trainer, executive director of the Environmental Action Committee of West Marin. “I think this is pretty outrageous that the park service, because of a 50-plus-million-dollar lawsuit, is forced to change these historic namesakes,” Trainer said. “It’s a tragedy.”...

The federal government might find some relief, however, in a law Congress passed in late 2014 that allows the government to keep a name that’s historically associated with a building or structure that is either on, or eligible, to be included on the National Register of Historic Places, says Sitzmann."

Before I Can Fix This Tractor, We Have to Fix Copyright Law; Future Tense, 1/13/16

Kyle Wiens, Future Tense; Before I Can Fix This Tractor, We Have to Fix Copyright Law:

"These hard-won exemptions last only until the next rulemaking. (That’s how unlocking your cellphone went from legal to illegal, before Congress stepped in.) In three years, proponents will have to find a way to do this all over again. This is not sustainable process—not for participants and not for the Copyright Office.

It’s time to level the playing field. Let’s make these exemptions less restrictive and shift the burden of proof a little. Instead of making supporters go to extreme lengths to show that an exemption is absolutely necessary, how about asking the opposition to show that an exemption is absolutely unnecessary? At the very least, Congress should remove the expiration date on exemptions. Once granted, exemptions should be permanent.

I’m a repairman. I recognize broken things when I see them. I got into this fight because I wanted to help people repair their broken stuff. Turns out, copyright law is the thing that was broken all along."

David Bowie Wasn't Just An Incredible Music Visionary, But An Internet & Business Model Visionary Too; Techdirt.com, 1/11/16

Mike Masnick, Techdirt.com; David Bowie Wasn't Just An Incredible Music Visionary, But An Internet & Business Model Visionary Too:

All the way back in 1996, he was the first major musician to release music only on the internet, launching the single for "Telling Lies" as a direct download off of his website, and announcing it in an online chat session. Yes, nearly 20 years ago, Bowie embraced internet distribution for his music."

European Union: European Commission On Harmonisation Of EU Copyright Rules; Mondaq.com, 1/11/16

Peter L'Ecluse and Thibaut D'hulst, Mondaq.com; European Union: European Commission On Harmonisation Of EU Copyright Rules:

"As announced in its 2016 Work Programme (See, VBB on Business Law, Volume 2015, No. 10, p. 15, available at www.vbb.com), the European Commission presented on 9 December 2015 its vision on a further harmonisation of EU copyright rules as part of its Digital Single Market Strategy (the "Communication"). To achieve a wide availability of creative contents across the European Union while maintaining a high level of protection for right holders, the European Commission considers it necessary to have a higher level of harmonisation and adapt copyright rules to new technological realities. To achieve this goal, the European Commission focuses on the following courses of action."

U.S. Marshalls raid a Chinese hoverboard maker’s booth at CES; Digital Trends, 1/8/16

Ed Oswald, Digital Trends; U.S. Marshalls raid a Chinese hoverboard maker’s booth at CES:

"The company sent a cease-and-desist letter to Changzhou in December, but received no response. Future Motion’s lawyer told Bloomberg that his company again tried to reach out the day before the show opened, but failed to achieve any resolution. On Wednesday, Future Motion filed a request with a federal judge to bar Changzhou from displaying its version, which the judge approved, and the result was Thursday’s raid.

As far as we can tell, this is the first time a seizure of this magnitude has happened on the floor of CES. The show itself actually has policies intended to discourage disputes on the show floor, including prohibiting “loud” disputes, and limiting the number of company representatives (two employees, a translator, and a lawyer) who can approach another company’s booth over an intellectual property infringement claim."

The new way police are surveilling you: Calculating your threat ‘score’; Washington Post, 1/10/16

Justin Jouvenal, Washington Post; The new way police are surveilling you: Calculating your threat ‘score’ :

"Police officials say such tools can provide critical information that can help uncover terrorists or thwart mass shootings, ensure the safety of officers and the public, find suspects, and crack open cases. They say that last year’s attacks in Paris and San Bernardino, Calif., have only underscored the need for such measures.

But the powerful systems also have become flash points for civil libertarians and activists, who say they represent a troubling intrusion on privacy, have been deployed with little public oversight and have potential for abuse or error. Some say laws are needed to protect the public."

Monkey Has No Rights to Its Selfie, Federal Judge Says; New York Times, 1/8/16

Mike McPhate, New York Times; Monkey Has No Rights to Its Selfie, Federal Judge Says:

"“A monkey, an animal-rights organization and a primatologist walk into federal court to sue for infringement of the monkey’s claimed copyright. What seems like the setup for a punch line is really happening.”

Judge Orrick explained from the bench on Wednesday that he had no authority to extend such rights to animals.

“This is an issue for Congress and the president,” he said, according to Ars Technica. “If they think animals should have the right of copyright, they’re free, I think, under the Constitution, to do that.”"

‘The Idealist: Aaron Swartz and the Rise of Free Culture on the Internet,’ by Justin Peters; New York Times Book Review, 1/8/16

Stephen Witt, New York Times Book Review; ‘The Idealist: Aaron Swartz and the Rise of Free Culture on the Internet,’ by Justin Peters:

"By the end of “The Idealist,” Peters has dropped the pretension of neutrality and taken up Swartz’s crusade. This is fine, I think — it wouldn’t be a good biography if it didn’t have a point of view. But in the final pages, as Peters dons the sports coat of the history lecturer and draws a lame comparison between Aaron Swartz and Noah Webster, he disappoints once again. It’s the whole book in microcosm: superb when it focuses on its subject, unnecessary when it veers away."

New York Public Library Invites a Deep Digital Dive; New York Times, 1/6/16

Jennifer Schuessler, New York Times; New York Public Library Invites a Deep Digital Dive:

"But the game is what you might call a marketing teaser for a major redistribution of property, digitally speaking: the release of more than 180,000 photographs, postcards, maps and other public-domain items from the library’s special collections in downloadable high-resolution files — along with an invitation to users to grab them and do with them whatever they please.

Digitization has been all the rage over the past decade, as libraries, museums and other institutions have scanned millions of items and posted them online. But the library’s initiative (nypl.org/publicdomain), which goes live on Wednesday, goes beyond the practical questions of how and what to digitize to the deeper one of what happens next...

A growing number of institutions have been rallying under the banner of “open content.” While the library’s new initiative represents one of the largest releases of visually rich material since the Rijksmuseum in Amsterdam began making more than 200,000 works available in high-quality scans free of charge in 2012, it’s notable for more than its size.

“It’s not just a data dump,” said Dan Cohen, the executive director of the Digital Public Library of America, a consortium that offers one-stop access to digitized holdings from more than 1,300 institutions.

The New York Public has “really been thinking about how they can get others to use this material,” Mr. Cohen continued. “It’s a next step that I would like to see more institutions take.”

Most items in the public-domain release have already been visible at the library’s digital collections portal. The difference is that the highest-quality files will now be available for free and immediate download, along with the programming interfaces, known as APIs, that allow developers to use them more easily."

Comic Book Recalls Effort to Expose ‘Mein Kampf’; New York Times, 12/30/15

George Gene Gustines, New York Times; Comic Book Recalls Effort to Expose ‘Mein Kampf’ :

"The 70-year copyright on Hitler’s “Mein Kampf” expired on Thursday in Germany. And a comic book released last month sheds light on a legal battle over the book that occurred in America in 1939. The comic, “The Book That Hitler Didn’t Want You to Read,” tells the story of how Alan Cranston — then a journalist, and years later a California senator — produced his own version of Hitler’s book, only to be sued by Hitler.

“I was aware of the efforts of young Alan Cranston to warn the free world of the dangers that Hitler represented,” said Rafael Medoff, the director of the David S. Wyman Institute for Holocaust Studies in Washington, which produced the comic. “It seemed to me that Cranston’s story could be an effective vehicle to convey the new controversy over ‘Mein Kampf’ that would be starting after Dec. 31.”"

Patent Litigation Up in 2015, Despite Efforts to Rein it In; Wall Street Journal, 1/4/16

Ashby Jones, Wall Street Journal; Patent Litigation Up in 2015, Despite Efforts to Rein it In:

"According to the report, released Monday by RPX Corp., NPEs filed over 3,600 patent cases in 2015. NPEs, also referred to derisively by some as “patent trolls,” buy up patents and seek to make money from them through licensing and litigation.

NPEs filed 3,604 cases last year, a sharp increase over 2014, in which NPEs filed 2,891. The number was down slightly from 2013, in which NPEs filed 3,733 lawsuits.

The authors of the study acknowledge that the uptick is somewhat counterintuitive.

In recent years, Congress, the Supreme Court, and the U.S. Patent and Trademark Office have all taken steps to curb litigation based on patents, especially those relating to computer software. Critics argue that many of these patents should not have been awarded in the first place.

The 2011 America Invents Act — Congress’s first overhaul of the patent laws in decades — established a new tribunal, called the Patent Trial and Appeal Board.

The PTAB allows a company embroiled in a lawsuit to skip the question of whether it infringed a patent and challenge whether the patent should have been issued in the first place."

Controversial artist Richard Prince sued for copyright infringement; Guardian, 1/4/16

Mahita Gajanan, Guardian; Controversial artist Richard Prince sued for copyright infringement:

"Richard Prince, a New York-based artist whose work often involves appropriating that of others, has been sued for copyright infringement by Donald Graham, a photographer who claims Prince knowingly reproduced his photo Rastafarian Smoking a Joint without seeking permission.

Artnet reports that Graham filed a complaint on 30 December against Prince, the Gagosian Gallery – where Prince’s New Portraits exhibition ran between September and October 2014 – and Lawrence Gagosian, the gallery owner.

The New Portraits collection featured 37 inkjet prints on canvas of what Prince called “screen saves” of Instagram posts, according to the complaint. The only modification to the images by Prince, besides blowing them up in size, are in comments underneath the pictures comprised of emojis and bizarre sentences. The pieces sold for up to $100,000 at New York’s Frieze art fair, where they caused considerable controversy.

One woman in the photographs, Doe Deere, a member of the SuicideGirls burlesque collective, posted on Instagram that she had been told the picture of her had been sold for $90,000. Prince, as is his custom, had not asked permission to use the images."

TPP trade deal pits Pittsburgh against Philadelphia; Pittsburgh Post-Gazette, 1/3/16

Tracie Mauriello, Pittsburgh Post-Gazette; TPP trade deal pits Pittsburgh against Philadelphia:

"Pittsburgh manufactures the products. Philadelphia ships them around the world.

One city stands to gain from expanding trade into the Pacific Rim while the other has much to lose, their mayors say.

That’s why Philadelphia’s outgoing mayor, Michael Nutter, has been helping the White House stump for the Trans-Pacific Partnership while Pittsburgh Mayor Bill Peduto stands opposed...

Mr. Peduto acknowledges that the trade deal might be good for some industries, but says any benefits are outweighed by harm it would do to the steel industry."

Happy public domain day: here's what copyright term extension stole from you in 2015; BoingBoing.net, 12/31/15

Cory Doctorow, BoingBoing.net; Happy public domain day: here's what copyright term extension stole from you in 2015:

"When Congress amended US copyright law in 1976, they extended the copyrights on works whose creators had produced them with the promise of not more than 56 years. Since then, almost nothing has entered the US public domain.

Every year, Jennifer Jenkins and Jamie Boyle at the Duke Center for the Public Domain list out all the works that today's artists would be free to work from -- as the creators who got their copyrights extended in 76 did -- except for the retroactive extension of copyright terms.

This year, we lost a lot of good stuff."

Guest blog by Deputy Director Russell Slifer; USPTO Director’s Forum Blog, 12/31/15

USPTO Director’s Forum Blog:

"Guest blog by Deputy Director Russell Slifer

I wanted to take this opportunity to thank all of our stakeholders and employees for their patience and support as we worked to repair USPTO operations to full functionality. I also want to extend our sincere appreciation to the hundreds of employees, contractors, and service providers who have been working around the clock, through the holidays, to restore operation of thousands of servers, network switches, firewalls, databases, and their connections.

The USPTO contracts, through service providers, for clean uninterrupted power from state of the art, redundant, uninterrupted power supplies for our data systems. On December 22, both of these power supplies were damaged, resulting in a complete power outage to our data systems. Analysis of the damage over the last week confirms our earlier assessments and eliminates any concerns of foul play. We will take this opportunity to work with our service providers to ensure that lessons are learned and improvements are made.

We regret that any interruption occurred, and we strive to provide service equal to the best in government and industry. The USPTO continues to invest in improving our IT systems and many of these improvements allowed the agency to bounce back more quickly. I am proud to say that the USPTO teams returned operation to many systems as early as the next day, successfully restored data from our backup systems, and made all the necessary hardware repairs to return to nearly 100 percent operations by December 28th. Thanks to the tireless dedication of so many people, the USPTO is again operating on an uninterrupted power supply."

Quentin Tarantino Sued Over ‘Django Unchained’ Alleged Copyright Infringement; Variety, 12/30/15

Dave McNary, Variety; Quentin Tarantino Sued Over ‘Django Unchained’ Alleged Copyright Infringement:

"Quentin Tarantino, The Weinstein Company and Columbia Pictures have been accused of copyright infringement through their 2012 movie “Django Unchained.”

The filmmaker and the distributors were named as defendants in a lawsuit filed on Dec. 24 in federal court in Washington, D.C., by Oscar Colvin, Jr. and his son Torrrance J. Colvin. The Colvins assert that the defendants have infringed on the copyright of their screenplay “Freedom,” citing what they allege are extensive similarities to Tarantino’s Oscar-winning script for “Django Unchained.”"

Jeb Abandons Jeb!; Mother Jones, 12/23/15

Russ Choma, Mother Jones; Jeb Abandons Jeb! :

"Last winter, months before Jeb Bush announced he was running for president, a Miami intellectual property attorney filed a trademark request for the word "Jeb!" on behalf of a mysterious Delaware corporation called BHAG LLC. As we discovered this summer, BHAG was an acronym for Big Hairy Audacious Goal. This phrase came from one of Bush's favorite business management books, and when he was governor he used this term to motivate his underlings. It wasn't until Bush, as a declared candidate, filed his financial disclosure form in July that the world learned he directly owned BHAG.

One of BHAG's few activities was to trademark "Jeb!" As is par for the course, the US Patent and Trademark Office accepted the submission and requested additional information before it would grant the trademark. But according to that office, on November 9 Bush's application was officially abandoned. Technically, Bush has until January 9 to restart the process, but for now the name is not trademarked and open for anyone else to try to grab."

Crowdfunded ‘Star Trek’ Fan Film Accused of Copyright Infringement; Wall Street Journal, 12/30/15

Jacob Gershman, Wall Street Journal; Crowdfunded ‘Star Trek’ Fan Film Accused of Copyright Infringement:

"The lawsuit, which Hollywood Reporter wrote about, claims the fan film incorporates “innumerable” copyrighted elements of Star Trek, from the Federation starship bridge to the Vulcan and Klingon races."

'Game Of Thrones' Is The Most Pirated TV Show Of The Year, Again; Huffington Post, 12/28/15

Todd Van Luling, Huffington Post; 'Game Of Thrones' Is The Most Pirated TV Show Of The Year, Again:

"The life of a pirate is traditionally full of untimely death, and 2015 was no exception. For the fourth year in a row, Internet pirates looted streams of the show where everybody dies, "Game of Thrones.""

America's Orchard? Adams County eyes fruit trademark; Hanover Sun via Pittsburgh Post-Gazette, 12/25/15

Chris Cappella, Hanover Sun via Pittsburgh Post-Gazette; America's Orchard? Adams County eyes fruit trademark:

"The way Idaho is associated with potatoes, or Napa Valley, Calif., is associated with wine, Adams County, Pa., could be associated with its own signature identity, said Marty Qually, county commissioner.

That identity could be America’s Orchard, a trademark proposed by the Adams County Office of Planning and Development for the fruit belt region in western Adams County, Mr. Qually said.

“It’s an effort to really kind of brand the fruit belt in Adams County as being something significant on a national level, which we all know it is,” he said. “We have something that is unique to the nation, so this is America’s Orchard.”...

The planning and development office started working on the trademark about a year ago, Ms. Clayton-Williams said. After research and ideas were complete, the trademark was submitted to the U.S. Trademark and Patent office in October. By mid-February, they expect to have a final decision on approval, she said.

The group anticipates the trademark being approved because they don’t believe it’s currently in use, Ms. Clayton-Williams said. As that process comes to an end, the office is looking to create a trademark branding advisory committee for local stakeholders, she said.

The goal of the committee would be to create a logo and sustainable model for the trademark, Ms. Clayton-Williams said."

Government Can't Deny Trademarks Over Offensive Names, Appeals Court Rules; NPR, 12/23/15

Eyder Peralta, NPR; Government Can't Deny Trademarks Over Offensive Names, Appeals Court Rules:

"The court ruled that their name — The Slants — is private speech and therefore protected by the First Amendment. The government, the court writes, has no business trying to regulate it by denying the band a trademark.

At issue in the case was Section 2(a) of the Lanham Act, which allows the U.S. Patent and Trademark Office (PTO) to deny or cancel a trademark if it is "disparaging" of persons, institutions or national symbols.

In a 10-2 decision, the court decided parts of that section were unconstitutional. Conferring a trademark, the court argues, does not make the band's name government speech.

Here's the comparison the majority uses: "The PTO's processing of trademark registrations no more transforms private speech into government speech than when the government issues permits for street parades, copyright registration certificates, or, for that matter, grants medical, hunting, fishing, or drivers licenses, or records property titles, birth certificates, or articles of incorporation.""

Re-Print of Hitler's 'Mein Kampf' Unleashes Row in Germany; Reuters via New York Times, 12/23/15

Reuters via New York Times; Re-Print of Hitler's 'Mein Kampf' Unleashes Row in Germany:

"For the first time since Hitler's death, Germany is publishing the Nazi leader's political treatise "Mein Kampf", unleashing a highly charged row over whether the text is an inflammatory racist diatribe or a useful educational tool.

The 70-year copyright on the text, written by Hitler between 1924-1926 and banned by the Allies at the end of World War Two, expires at the end of the year, opening the way for a critical edition with explanatory sections and some 3,500 annotations.

In January the 2,000 page, two-volume work will go on sale after about three years of labor by scholars at Munich's Institute for Contemporary History."

Protecting Rudolph - trade marks and copyright helping commercialise Christmas songs; Lexology, 12/23/15

Marks & Clerk, Lexology; Protecting Rudolph - trade marks and copyright helping commercialise Christmas songs:

"With festive songs from years gone by playing on the radio and familiar family films returning to our television screens, many of us are ready for Christmas. It is no secret that many businesses have spent months, if not the whole year, readying themselves for the holiday season, which is one of the key events in their annual sales cycle. Indeed, it is thanks to strategic commercial planning on the part of businesses that many of these films, songs and books which we enjoy during the Christmas period make a return year after year. This strategic forethought almost always involves IP protection, including trade marks and copyright.

Some of the most memorable songs like Irving Berlin’s “White Christmas” first released in 1942 and Johnny Marks’ “Rudolph The Red Nosed Reindeer”, composed in 1949, have long histories, in which copyright and trade marks play key roles.

Copyright and trade marks are closely associated but protect different legal rights. In legal speak, copyright serves to protect original literary and artistic works from unauthorised copying; trade marks seek to guarantee the commercial origin of particular goods and services. This distinguishes those goods and services from their competitors’."

Ruling Could Help Washington Redskins in Trademark Case; New York Times, 12/22/15

Richard Sandomir, New York Times; Ruling Could Help Washington Redskins in Trademark Case:

"The United States Court of Appeals for the Federal Circuit in Washington made the ruling in a case involving an Asian-American dance-rock band that sought to register a trademark for its provocative name, the Slants. The court said the First Amendment “forbids government regulators to deny registration because they find the speech likely to offend others.”

Writing for the majority, Kimberly A. Moore, a judge on the appeals court, said: “It is a bedrock principle underlying the First Amendment that the government may not penalize private speech merely because it disapproves of the message it conveys.”...

Still, Tuesday’s ruling was considered a major one in trademark law — the striking down of a provision of the nearly 70-year-old Lanham Act that deals with disparaging or offensive trademarks.

“The majority opinion is a very broad rejection of the proposition that the federal government can refuse registration or use of a trademark based on whether certain groups find the mark to be disparaging,” said Jeremy Sheff, a law professor at St. John’s University School of Law who specializes in intellectual property. “It was exactly on that basis that the Redskins’ marks were canceled.”

Whatever happens in the appeals court to the Redskins’ registered trademarks, the team’s use of its name is not in jeopardy. Although it symbolizes racism and intolerance to some, and has inspired groups to demand that it be replaced, the Redskins’ owner, Daniel Snyder, has vowed never to drop it. He has fought a public battle to prove the name does not offend all Native Americans. And he has the backing of the N.F.L., which has been paying the costs of defending the trademarks."

Kim Dotcom's extradition to US cleared by New Zealand judge; Guardian, 12/22/15

Guardian; Kim Dotcom's extradition to US cleared by New Zealand judge:

"A New Zealand court has ruled that Kim Dotcom, the Megaupload founder, can be extradited to the United States to face charges of copyright infringement, racketeering and money laundering.

The decision, which can be appealed, comes almost four years after New Zealand police first raided Dotcom’s mansion west of Auckland at the behest of the FBI. US authorities shut down the entrepreneur’s file-sharing website, which had been used to illegally download songs and movies...

US authorities say Dotcom and three co-accused Megaupload executives cost film studios and record companies more than US$500m and generated more than US$175m in profits by encouraging their paying users to store and share copyrighted material, such as movies and TV shows.

The New Zealand prosecution, which argued the case for the US government, said Dotcom and his executives had encouraged and paid users to upload the pirated films and music to generate profit."

UK journal Library and Information Research has published a special issue on copyright in LIS, Vol. 39 No. 121 (2015)

UK journal Library and Information Research has published a special issue on copyright in LIS:

"Library and Information Research has just published its latest issue at http://www.lirgjournal.org.uk. (This is an open access journal, published by the Library & Information Research Group, a special interest group of CILIP that encourages practitioners to engage in research and promotes collaboration between faculty and practitioner-researchers.)

This is a special issue focusing on copyright and related rights and library and information services, guest edited by Adrienne Muir.

View the table of contents and then visit the journal website to read the articles."

All Bill Information (Except Text) for H.R.4241 - Copyright Office for the Digital Economy Act; Introduced 12/11/15

All Bill Information (Except Text) for H.R.4241 - Copyright Office for the Digital Economy Act:

Pitt Law Professor Michael Madison will give a talk on intersections among academic freedom, copyright and publishing, and new media and communication platforms on Tuesday, 1/12/16 4 PM, University of Pittsburgh

Talk on 1/12/16 4 PM at University of Pittsburgh:

Pitt Law Professor Michael Madison will give a talk on intersections among academic freedom, copyright and publishing, and new media and communication platforms: You may have heard that the topic of the 2016 Senate plenary will be academic freedom in the 21st century. As a lead-up event, the University Senate invites you to an open discussion with Pitt Law Professor Michael Madison on intersections among academic freedom, copyright and publishing, and new media and communication platforms. Please see the attached announcement for additional details. We hope you will attend. Day/Time: Tuesday, January 12 at 4:00pm, 2500 Posvar Hall.

A new announcement is available. Click the link below to view it:

http://www.universityannouncements.pitt.edu/std1222.pdf

Hong Kong netizens worry copyright bill will limit freedom of expression; Los Angeles Times, 12/19/15

Violet Law, Los Angeles Times; Hong Kong netizens worry copyright bill will limit freedom of expression:

"Gathering for a rally outside Hong Kong’s Legislative Council, with a banner nearby proclaiming, “Fight for the freedom of the next generation,” several hundred raised their voices against a copyright bill they say could further chill freedom of expression in the semiautonomous Chinese territory.

Protesters said they fear the legislation could be wielded as a tool of political prosecution against those who use memes to mock politicians, and even expose them to criminal charges...

In recent years, Hong Kong has sprouted an online parody subculture, as disaffected local netizens lampoon officials and criticize government policies by repurposing pop songs or doctoring screen grabs.

The new bill carries exemptions for caricature, parody, pastiche, satire, news reporting and commentary. It also requires those who repurpose others’ material to cite the source of the original work and obtain permission from copyright owners.

Opponents say the requirement puts too heavy a burden on authors of derivative works and would leave them vulnerable to civil liabilities and criminal charges. Opponents of the legislation are also pressuring lawmakers to amend the bill to exempt fair use, as is the case under the Digital Millennium Copyright Act in the U.S., or all user-generated content, a concept pioneered in Canada’s copyright law, saying these laws afford users the impunity to exercise their freedom of expression."

U.S. Patent and Trademark Office director: 'Unconscious bias' in tech exists; Politico, 12/10/15

Eliza Collins, Politico; U.S. Patent and Trademark Office director: 'Unconscious bias' in tech exists:

"Michelle Lee said Thursday there is an “unconscious bias” in tech, but it isn’t just specific to women.

Lee was speaking at POLITICO’s Women Rule event.

Lee, the undersecretary of commerce for intellectual property and director of the U.S. Patent and Trademark Office, challenged leaders to make sure they’re giving equal jobs to men and women.

“Unconscious bias applies to both men and women,” said Lee, the first woman to serve as director of the Patent and Trademark Office."

Got an invention? Head to your regional patent office; Marketplace.org, 11/30/15

Lauren Silverman, Marketplace.org; Got an invention? Head to your regional patent office:

"There are lots of obstacles in the patenting process – money, time, knowledge. Every year, the U.S. Patent and Trademark Office receives hundreds of thousands of applications. There’s a backlog of more than 550,000 ideas that need to be sifted through.

The head of the agency – Google veteran Michelle Lee – hopes hiring more patent officers and stationing them at outposts across the country will speed up the process. The four regional offices that have opened are in Denver, Detroit, San Jose and Dallas.

The Dallas office will employ 80 patent examiners – meaning for the first time, applicants in the region won’t have to travel to the beltway if they want to meet face-to-face with their assigned examiners."

Patent office launches international application tracking tool; FedScoop, 12/1/15

Whitney Blair Wyckoff, FedScoop; Patent office launches international application tracking tool:

"The Patent and Trademark Office has debuted a new online tool that it says will help those filing for intellectual property protections abroad.

Called Dossier Access, the service allows users to track the status of patents in the world’s five largest patent offices: the U.S. Patent and Trademark Office, the European Patent Office, the Korean Intellectual Property Office, China’s State Intellectual Property Office and the Japan Patent Office.

U.S. patents only offer protection for inventions in this country. To receive similar protections abroad, inventors must file with foreign patent offices as well, USPTO’s Deputy Commissioner for International Patent Cooperation Mark Powell told FedScoop. But that process can be expensive and complicated. Even checking the status of an application can be tricky because other offices' application documents are not always in English, he said."

Pearls Before Swine; GoComics.com, 12/20/15

GoComics.com; Stephan Pastis, Pearls Before Swine: [Never Read the Terms and Conditions]

Everything You Know About Martin Shkreli Is Wrong—or Is It?; Vanity Fair, 1/31/16

Bethany Mclean, Vanity Fair; Everything You Know About Martin Shkreli Is Wrong—or Is It? :

"I don’t mean to be presumptuous, but I liken myself to the robber barons.” So says Martin Shkreli, the 32-year-old hedge-fund manager turned pharmaceutical-company C.E.O., who achieved instantaneous notoriety last fall when he acquired the U.S. rights to a lifesaving drug and promptly boosted its price over 5,000 percent, from $13.50 a tablet to $750. The tsunami of rage (the BBC asked if Shkreli was “the most hated man in America”) only got worse when Shkreli said he would lower the price—and then didn’t. An anonymous user on the Web site Reddit summed up the sentiment bluntly: “Just fucking die will you?”

“The attempt to public shame is interesting,” says Shkreli. “Because everything we’ve done is legal. [Standard Oil tycoon John D.] Rockefeller made no attempt to apologize as long as what he was doing was legal.” In fact, Shkreli says, he wishes he had raised the price higher. “My investors expect me to maximize profits,” he said in an interview in early December at the Forbes Healthcare Summit, after which Forbes contributor Dan Diamond summed up Shkreli as “fascinating, horrifying, and utterly compelling.”"

DC universes collide in epic final ‘Justice League: Crisis’ fan trailer; ComicBookResources.com, 12/18/15

Kevin Melrose, ComicBookResources.com; DC universes collide in epic final ‘Justice League: Crisis’ fan trailer:

"UltraSargent has debuted what’s described as the “final trailer” in the series that began in October, and it’s by far the longest and most ambitious yet. Using footage from DC Comics live-action adaptations dating back to Christopher Reeve-era Superman, the four-and-half-minute trailer offers a new take on Crisis on Infinite Earth, with Grant Gustin’s Flash at its center... As it stands, thought, Crisis draws from wide array of sources, from 1989’s Batman and 1990’s The Flash to Smallville and Supergirl. NBC’s short-lived Constantine even shows up."

Exceptions To Copyright To Remain On Agenda Of WIPO Copyright Committee; Intellectual Property Watch, 12/17/15

Catherine Saez, Intellectual Property Watch; Exceptions To Copyright To Remain On Agenda Of WIPO Copyright Committee:

"Copyright exceptions for libraries, archives, educational and research institutions and persons with disabilities other than visual impairment will remain on the agenda of the next session of the World Intellectual Property Organization copyright committee. The subject is touchy as developing countries deem those exceptions vital for development and developed countries say that the current global copyright framework leaves enough space for national exceptions to copyright.

The topic of exceptions and limitations to copyright in favour of libraries and archives has made more progress than the other topics on exceptions and limitations and last week, during the 31st session of the WIPO Standing Committee on Copyright and Related Rights (SCCR), delegates considered a chart, which had been prepared by the committee chair, Martin Moscoso of Peru.

The chart [pdf], according to the foreword by Moscoso, was “designed to serve as a useful tool to provide a structure to discuss the substance for each topic.”"

6 Men Admit to Running a Global $100M Software Piracy Ring; Wired.com, 12/17/15

Andy Greenberg, Wired.com; 6 Men Admit to Running a Global $100M Software Piracy Ring:

"On Thursday the Department of Justice announced that it’s reached plea agreements with all six individuals charged in a six-year massive fraud scheme, which prosecutors say sold more than 170,000 copies of Adobe and Microsoft programs including Windows, Office, Photoshop, and Creative Suite, complete with valid registration codes and even physical certificates of authenticity. The men, who were tracked by investigators at the Department of Homeland Security, offered those pirated copies of the software at a discount through sites including Amazon, Overstock, eBay, Craigslist, and in some cases their own individual websites. Five of the convicted men face up to five years in prison (the sixth faces just three years) and up to a quarter million dollars in restitution each.

“It appears to be one the biggest software piracy cases, if not the biggest, the department has ever handled,” US Attorney Tammy Dickinson told WIRED in a phone interview."

FAN TRAILER BRINGS "X-MEN: APOCALYPSE'S" GRAVITAS TO '90S CARTOON; ComicBookResources.com, 12/16/15

Brett White, ComicBookResources.com; FAN TRAILER BRINGS "X-MEN: APOCALYPSE'S" GRAVITAS TO '90S CARTOON:

"Thanks to the "X-Men" cartoon from the 1990s, Apocalypse was introduced to an entire generation of fans as an intimidating figure with a booming voice that stood in contrast to his purple armor and big blue lips. Surprisingly, a lot of the odd details of Apocalypse's design have made their way into the live action version of the character, who Oscar Isaac plays in 2016's "X-Men: Apocalypse." But for many fans, the definitive version of En Sabah Nur exists in the cartoon -- and now there's a trailer for those very fans.

YouTube user Phillysteak took the audio track from the first "X-Men: Apocalypse" trailer, which debuted last week, and paired it with scenes from the '90s "X-Men" cartoon."

Open Access and Academic Freedom; Inside Higher Ed, 12/15/15

Rick Anderson, Inside Higher Ed; Open Access and Academic Freedom:

"As they have gained momentum over the past decade, the open access (OA) movement and its cousin, the Creative Commons licensing platform, have together done a tremendous amount of good in the world of scholarship and education, by making high-quality, peer-reviewed publications widely available both for reading and for reuse.

But they have also raised some uncomfortable issues, most notably related to academic freedom, particularly when OA is made a requirement rather than an option and when the Creative Commons attribution license (CC BY) is treated as an essential component of OA.

In recent years, major American and European funding bodies such as the National Institutes of Health, the Wellcome Trust, the Gates Foundation, the Ford Foundation, and Research Councils UK have all instituted OA mandates of various types, requiring those whose research depends on their funding to make the resulting articles available on some kind of OA basis. A large number of institutions of higher education have adopted OA policies as well, though most of these (especially in the United States) only encourage their faculty to make their work openly accessible rather than requiring them to do so."

The 4 worst patents of 2015; Washington Post, 12/14/15

Larry Downes, Washington Post; The 4 worst patents of 2015:

"This was another depressing year for patent law, which long ago lost sight of its constitutional moorings as a balanced and limited source of incentives for innovators. Though Congress, the courts and the Patent and Trademark Office each tried in their own way to rein in a system widely-regarded as out of control, in the end nobody made much progress...

The polite name for such companies is “non-practicing entities,” but most of us know them as patent trolls. And according to the Consumer Technology Association, these parasites have drained over $150 billion from the U.S. economy since 2013, at a pace that is accelerating.

Beyond the trolls, there’s a more fundamental problem. The mismatch between expanding patent coverage and the quickening pace of disruptive change has become one of the greatest sources of danger to the innovation economy.

That’s especially true of patents granted for basic software and abstract business methods — categories that have only recently been recognized in the first place."

‘Star Wars: The Force Awakens’ lines up trademarks for ‘Star Wars’ mayonnaise, wind chimes, baby blankets and pretty much everything else; New York Daily News, 12/17/15

Gersh Kuntzman and Dziemianowicz, New York Daily News; ‘Star Wars: The Force Awakens’ lines up trademarks for ‘Star Wars’ mayonnaise, wind chimes, baby blankets and pretty much everything else:

"The new sci-fi epic opens on Friday — but “Star Wars” corn chips, diaper bags, marshmallows, cork screws, dry erase writing boards and a host of other mundane products may be hitting stores soon after.

And you can thank the moviemakers’ legion of lawyers, which has been hard at work for months locking down trademarks on pretty much everything in the film that moves...

“They need to be aggressive about protecting the franchise’s new characters right out of the gate,” says New York lawyer Kenneth Falcon (no relation to Millennium), who focuses on copyright and trademark litigation. “People will try to rip off the ‘Star Wars’ brand forever because it’s so lucrative.”

The company began securing the rights to all products back in 2014, Patent and Trademark Office documents show. Some other trademarks were sought earlier this year, as plotlines and characters were being finalized."

Heirs of Abbott and Costello Lose Copyright Claim Over ‘Who’s on First’; Associated Press via New York Times, 12/17/15

Associated Press via New York Times; Heirs of Abbott and Costello Lose Copyright Claim Over ‘Who’s on First’ :

"A federal judge ruled on Thursday that Abbott and Costello’s heirs had failed to get past first base with copyright claims against the producers of the Broadway play “Hand to God,” in which a character uses a sock puppet to perform part of the comedians’ “Who’s on First” routine...

Judge George Daniels of United States District Court in Manhattan tossed out the lawsuit on Thursday, saying the play transformed the original routine enough that it did not violate copyrights."

Jeff Koons sued for appropriating 1980s gin ad in art work sold for millions; Guardian, 12/15/15

Guardian; Jeff Koons sued for appropriating 1980s gin ad in art work sold for millions:

"Jeff Koons, a US pop artist whose works can fetch millions, is facing allegations he used a New York photographer’s commercial photo from the 1980s in a painting without permission or compensation, according to a lawsuit filed Monday.

The photographer, Mitchel Gray, said in the complaint filed in Manhattan federal court that Koons reproduced his photo, which depicts a man sitting beside a woman painting on a beach with an easel, “nearly unchanged and in its entirety”.

Gray is also suing New York-based auction house Phillips Auctioneers and an as-yet-unnamed former owner of the Koons print, which sold for $2.04m in London in 2008...

There is a three-year statute of limitations on copyright actions, but “the clock doesn’t start ticking until the plaintiff learns of the infringement”, his lawyer, Jordan Fletcher, of the law firm Kushnirsky Gerber, said in an interview."

Samsung’s Patent Loss to Apple Is Appealed to Supreme Court; New York Times, 12/14/15

Steve Lohr, New York Times; Samsung’s Patent Loss to Apple Is Appealed to Supreme Court:

"The case, if heard, could have far-reaching implications for design patents, which cover how a product looks, and the sort of financial penalties allowed under the law. Design patents are far less common than utility patents, which cover how a product functions.

The legal framework for design patents, according to Samsung, some other major technology companies and legal experts, is largely shaped by a 19th-century law intended to protect the designs of carpets, fireplace grates and ornamental spoons.

Back then, the design was the heart of such products, so seizing most or all of the gains of a copycat — known as the “total profit rule” — was justified. But today, a complex product like a modern smartphone is a dense bundle of intellectual property with more than 100,000 patents conceivably laying claim to some small aspect of the phone...

Beyond this case, design patents will probably get more legal attention in the future, said David J. Kappos, a partner at Cravath, Swaine & Moore. As high-tech products become increasingly complex, the skill that yields a competitive advantage is making products easy to use. “And usability comes down to design,” said Mr. Kappos, a former director of the United States Patent and Trademark Office."