Why the rise of authoritarianism is a global catastrophe; Washington Post, 2/13/17

Garry Kasparov and Thor Halvorssen, Washington Post; Why the rise of authoritarianism is a global catastrophe

[Kip Currier: A must-read ethical-call-to-action by two people who have directly suffered under authoritarianism and are expending their energies and voices toward raising awareness and taking civil liberties-based action on behalf of humanity, against abject moral bankruptcy and appalling abuses of power by authoritarian regimes.]

Illustrative point excerpted below about authoritarian impacts on patent filings.]

"If injustice and oppression aren’t bad enough, authoritarian governments bear an enormous social cost. Dictator-led countries have higher rates of mental illness, lower levels of health and life expectancy, and, as Amartya Sen famously argued, higher susceptibility to famine. Their citizens are less educated and file fewer patents. In 2016, more patents were filed in France than in the entire Arab world — not because Arabs are less entrepreneurial than the French, but because nearly all of them live under stifling authoritarianism. Clearly, the suppression of free expression and creativity has harmful effects on innovation and economic growth. Citizens of free and open societies such as Germany, South Korea and Chile witness advances in business, science and technology that Belarusans, Burmese and Cubans can only dream of."

Oracle refuses to accept pro-Google “fair use” verdict in API battle; Ars Technica, 2/11/17

David Kravets, Ars Technica; 

Oracle refuses to accept pro-Google “fair use” verdict in API battle

"Google successfully made its case to a jury last year that its use of Java APIs in Android was "fair use." A San Francisco federal jury rejected Oracle's claim that the mobile system infringed Oracle's copyrights.

But Oracle isn't backing down. Late Friday, the company appealed the high-profile verdict to a federal appeals court."

Trade Secret Misappropriation Rights: Defend Trade Secrets Act; National Law Review, 2/9/17

Craig S. Hilliard, National Law Review; 

Trade Secret Misappropriation Rights: Defend Trade Secrets Act

"In the recent past, a company would weigh the benefit of 1) filing a public patent with 20 year exclusivity and strong infringement remedies; or 2) choosing to keep the IP “secret” despite limitations on court actions and remedies. A balancing advantage for “trade secret” over patent is the indefinite period of protection. If the business keeps it well-hidden, it has a sort of quasi-monopoly over the “product.”

Unlike with patents, however, trade secret misappropriation rights have historically been limited. For example, if a suspected bad actor reverse-engineered a product protected by patent, it would be ruled an infringement with harsh penalties. For a trade secret however, accidental discovery or reverse-engineering are not protected rights. Both are valid defenses to a misappropriation claim...

Dealing with issues involving patents or trade secrets can be very complex. It is suggested that you consult with experienced legal council to assist with the process."

3 companies apply to patent 'fake news'; CNN Money via http://www.local10.com ABC affiliate, 2/10/17

Heather Long, CNN Money via http://www.local10.com ABC affiliate; 

3 companies apply to patent 'fake news'

[Kip Currier: I just posted (see post below this one) this CNN Money story by Heather Long, and then saw this version of the same story posted by local10.com WPLG in South Florida. In the original CNN Money article, Heather Long correctly used "trademark" in the headline. Inexplicably and mistakenly, local10.com WPLG changed the term "trademark" to "patent", rather than just going with the correct headline Heather Long had used.

(Psst...WPLG--trademarks and patents are different types of Intellectual Property!)

Looks like someone in that newsroom needs a primer on the different types of Intellectual Property (an *opportunity* for WPLG General Counsel?). Or an editor who understands the IP distinctions.]

3 companies apply to trademark 'fake news'; CNN Money, 2/10/17

Heather Long, CNN Money; 

3 companies apply to trademark 'fake news'

"Three U.S. companies are trying to trademark the term "fake news." One of the applications is from the animation team behind "The Simpsons." Another is from the group behind the popular game Cards Against Humanity.

These companies applied for a trademark to U.S. Patent and Trademark Office on January 12, the day after the press conference when then President-elect Donald Trump called CNN "fake news" (a claim CNN debunked)."

Former judge wants to head patent office, says he’ll “Make Patents Great Again”; Ars Technica, 2/9/17

Joe Mullin, Ars Technica; 

Former judge wants to head patent office, says he’ll “Make Patents Great Again”

"Who's the director of the US Patent and Trademark Office at the moment? It's a tougher question than you'd think.

A patent blog that closely watches USPTO internal politics, IP Watchdog, raised the question earlier this week. Reports last month from Politico and The Hill indicated that Michelle Lee, a former Googler who was appointed in 2014 and is favored by the tech sector, would stay on under the administration of President Donald Trump.

Those reports, published right around Trump's inauguration, seem much less reliable now. IP Watchdog reports that Lee continues to be seen on the 10th floor of the Madison building, where the USPTO director's office is. Yet others continue to advocate for themselves, and on Feb. 3, Lee canceled a scheduled speaking appearance in San Francisco. Since at least Feb. 6, the Commerce Department's website has listed the position of USPTO Director as "vacant" (screenshot by IP Watchdog).

In an e-mail this morning to Ars Technica, a USPTO spokesperson said only, "I cannot provide a comment at this time.""

Can you hold copyright in federal law?; Washington Post, 2/8/17

David Post, Washington Post; Can you hold copyright in federal law?

"Unfortunately, I think Judge Chutkan got the copyright analysis correct on this one; there is simply no provision in the Copyright Act that can be read to strip protection for works that become, after their creation, incorporated into the law.

It is a very unfortunate state of affairs. Almost 10 years ago, in response to a similar copyright claim (by the state of Oregon, no less) asserting copyright in the text of its laws, I wrote that “it  is completely outrageous that in 2008 [!!] we do not have a complete and authoritative compendium of all of the laws of the 50 States, and the federal government, available at no cost on the Internet.” It was true then, and it is true now; the idea that one has to purchase a copy of relevant regulatory requirements that you are required, by law, to comply with is outrageous — and the fact that one can consult a hard copy of the regulations at the Office of the Federal Register in Washington does not make it less so."

The Kylie Minogue vs Kylie Jenner trademark battle; BBC News, 2/7/17

BBC News; 

The Kylie Minogue vs Kylie Jenner trademark battle

"Jenner, who first shot to fame in the US reality TV show Keeping Up With the Kardashians, has been trying to trademark the name Kylie in the US.

But she has been blocked by the veteran Australian pop star Minogue, best known for hits such as I Should Be So Lucky and Can't Get You Out Of My Head."

How to access 375,000 beautiful, copyright-free images from New York’s Metropolitan Museum of Art; Quartz, 2/8/17

Thu-Huong Ha, Quartz; 

How to access 375,000 beautiful, copyright-free images from New York’s Metropolitan Museum of Art

"New York’s Metropolitan Museum of Art has released 375,000 images of works from its collection, with no restrictions on what you can do with them. The images, all of art in the US public domain, were previously available online, but with some stipulations about commercial use. You can find them at the digital collection, with “Public Domain Artworks” checked in the left-hand column."

Penn State joining Open Textbook Network to support affordable course content; Penn State News, 1/31/17

Penn State News; 

Penn State joining Open Textbook Network to support affordable course content

"Penn State University Libraries is joining the Open Textbook Network to help support Penn State faculty’s use of and students’ availability to free, openly licensed academic course content.

“Penn State’s membership in the Open Textbook Network supports faculty and students’ access to a large volume of free, openly licensed course content, available online, to help reduce students’ overall cost of attendance,” Joe Salem, the University Libraries’ associate dean for Learning, Undergraduate Services, and Commonwealth Campus Libraries, said. “Joining the Open Textbook Network was one of the recommendations of the University’s Open Educational Resources Task Force as part of a multi-faceted approach to supporting open and affordable course content throughout the curriculum.”

The Open Textbook Network (OTN) helps support colleges and universities’ instructional use of open textbooks and practices. Its Open Textbook Library is the premiere resource for peer-reviewed academic textbooks, all of which are free, openly licensed and complete, according to its website...

Penn State is among the largest universities to join OTN, which was established in fall 2015, and an early supporter among its peer institutions. Other Big Ten Academic Alliance members participating in OTN include the University of Iowa, the University of Minnesota, Ohio State, Purdue, Rutgers, and the Milwaukee and Stout campuses of the University of Wisconsin system."

Restoration Hardware accuses Crate and Barrel of stealing trade secrets; Chicago Tribune, 1/31/17

Ally Marotti, Chicago Tribune; Restoration Hardware accuses Crate and Barrel of stealing trade secrets

"Now Restoration Hardware is trying to stop Crate and Barrel from opening a food and beverage operation in any of its stores for a year.

Crate and Barrel "effectively sought to steal a page from the successful RH playbook," using inside information such as how to sell coffee and wine in the same store in which customers buy stemware and settees, the suit alleges.

Also named as defendants were Crate and Barrel CEO Douglas Diemoz and another top executive, Kimberly Ahlheim, both former Restoration Hardware executives who are accused of stealing trade secrets and breaching contracts with their former employer.

The gallery's planning took years and was risky, court documents say. For much of that time, Diemoz, though based in California, was involved in the company's new business initiatives. The lawsuit says he signed an agreement when he left Restoration Hardware, agreeing not to use the company's proprietary information and not to recruit employees for at least a year."

A Rare Pacific Islander Captivates Its Neighborhood; New York Times, 2/1/17

Serena Solomon, New York Times; 

A Rare Pacific Islander Captivates Its Neighborhood

"According to Emori Tokalau, a governmental liaison to Taveuni’s clan leaders, only the flower’s custodian can tell the true legend. That is Ratu Viliame Mudu, the chief of Somosomo village on the island’s western side.

Mr. Tokalau described the custodianship “as a form of copyright,” giving the holder authority to grant permission for outsiders to visit the flower or use its likeness. He had to get the chief’s approval before using the tagimoucia on his office letterhead, he said.

To receive permission, one must arrive at the village with a sevusevu — a gift or offering — often the traditional root drink kava. A small ceremony is performed, with men in sarongs and women in long skirts gathered around."

We Want a Copyright Office that Serves the Public; Electronic Frontier Foundation (EFF), 2/2/17

Kerry Sheehan and Mitch Stoltz, Electronic Frontier Foundation (EFF); 

We Want a Copyright Office that Serves the Public

"The Copyright Office, and those who lead it, should serve the public as a whole, not just major media and entertainment companies. That’s what we told the leadership of the House Judiciary Committee this week. If Congress restructures the Copyright Office, it has to put in safeguards against the agency becoming nothing more than a cheerleader for large corporate copyright holders...

We’re pleased to see both the Librarian of Congress and the House Judiciary Committee reaching out beyond the traditional players in copyright policymaking, to seek public input on decisions that impact everyone. But that’s just the first step – we need to make sure they’re giving the public’s feedback adequate consideration and that their final decisions represent the interests of everyone. We’ll be watching what they do, and speaking up to make sure that the interests of the public – including Internet and technology users, consumers, and independent creators – are protected."

The Copyright Barons Are Coming. Now’s the Time to Stop Them; Wired, 1/31/17

Josh Tabish, Wired; The Copyright Barons Are Coming. Now’s the Time to Stop Them

"FRESH ON THE heels of President Donald Trump’s inauguration, one of the largest pro-copyright lobbies in the United States is asking the newly elected president to increase the powers held by copyright holders.

In a recent letter addressed directly to Trump, the Copyright Alliance— speaking on behalf of high profile members such as the MPAA and RIAA—suggests the President create new digital borders on the internet. The concept is not dissimilar in spirit to the controversial and highly symbolic wall Trump has promised to build between the United States and Mexico or the restrictions he’s imposed on refugees and Muslims entering the country."

'This is the new reality': Panelists speak for Pitt cyber security institute; Pittsburgh Post-Gazette, 2/3/17

Chris Potter, Pittsburgh Post-Gazette; 

'This is the new reality': Panelists speak for Pitt cyber security institute:

[Kip Currier: This was a fascinating and informative panel at the University of Pittsburgh on February 2, 2017, discussing cyberhacking, efforts to identify hackers and hacker-sanctioning actors/nation states, and responses to hacking threats and incidents.

Two comments (which I'll paraphrase below, without benefit of a transcript) by panelist and Russian journalist Andrei Soldatov, stood out for me:

1. Vladimir Putin's Russia has deftly understood and exploited the distinction between "cybersecurity" and "information security" (the West, Soldatov contends, has focused more on the former).

2. Under Stalin, technical training in Soviet universities and technical institutes did not include study of ethics and the humanities (largely relegated to those in medical professions).]

"The precise identity and motivations of the hackers who leaked sensitive Democratic emails during last year’s presidential election may never be known. But they left fingerprints that were familiar to Andrei Soldatov, a journalist who has written about Russia’s security state for the past 20 years.

Like much of the propaganda back home, Mr. Soldatov said at a University of Pittsburgh panel discussion Thursday, “It’s not about building the positive narrative, it’s about building the negative narrative. … To say everyone is corrupt and no one can be trusted — people will accept this.”

Mr. Soldatov was one of four panelists convened by Pitt’s fledgling Institute of Cyber Law, Policy, and Security and its new director, former U.S. Attorney David Hickton. The discussion drew a few hundred people to the first public event for the center, which focuses on cybercrime and cybersecurity."

CBS, Paramount Settle Lawsuit Over 'Star Trek' Fan Film; Hollywood Reporter, 1/20/17

Eriq Gardner, Hollywood Reporter; CBS, Paramount Settle Lawsuit Over 'Star Trek' Fan Film

"Stand down from battle stations. Star Trek rights holders CBS and Paramount have seen the logic of settling a copyright suit against Alec Peters, who solicited money on crowdfunding sites and hired professionals to make a YouTube short and a script of a planned feature film focused on a fictional event — a Starfleet captain's victory in a war with the Klingon Empire — referenced in the original 1960s Gene Roddenberry television series. Thanks to the settlement, CBS and Paramount won't be going to trial on Stardate 47634.44, known to most as Jan. 31, 2017."

Lee staying on as patent chief under Trump administration; Politico, 1/19/17

Ashley Gold, Nancy Scola, Li Zhou, Tony Romm, Politico; 

Lee staying on as patent chief under Trump administration

"President-elect Donald Trump has decided to keep former Google executive Michelle Lee on as director of the U.S. Patent and Trademark office, according to Rep. Darrell Issa, who informed tech industry organizations gathered in Washington Thursday for a breakfast event...

Lee, who served a dozen years as patent counsel at Google, has been seen in her years in office as walking a careful line between the two patent camps — choosing to focus less on policy than on process upgrades aimed at improving the quality of patents issued by the office.

"I hope that Director Lee expands her focus from just patent quality and lends her expertise and authority to help fix the very real problem that the U.S. has lost its "gold standard" patent system — it no longer promises stable, effective property rights to innovators," said Adam Mosoff, a law professor and co-founder of the Center for the Protection of Intellectual Property at George Mason University."

Author sued for making children's books of On the Road and Breakfast at Tiffany’s; Guardian, 1/19/17

Guardian Staff, Guardian; 

Author sued for making children's books of On the Road and Breakfast at Tiffany’s

"Swedish author Fredrik Colting is being sued for creating children’s versions of classic novels.

Colting, who was taken to court in 2010 for publishing an unofficial sequel to The Catcher in the Rye, is now the subject of a suit filed by Penguin Random House, Simon & Schuster and the estates of Truman Capote, Jack Kerouac, Ernest Hemingway and Arthur C Clarke.

Under the banner Moppet Books, Colting allegedly infringed copyright of four books: On the Road, Breakfast at Tiffany’s, The Old Man and The Sea and 2001: A Space Odyssey."

Will open data survive Trump?; InfoWorld, 1/16/17

Eric Knorr, InfoWorld; 

Will open data survive Trump?

"The incredible quantity of data collected across the federal government is a national treasure. Few other countries on earth apply the same energy, funding, and rigor to assembling such extensive stores. Even if ordinary citizens don't go to Data.gov for entertainment, both policymakers and business leaders need objective data to make sound decisions.

Before joining the Sunlight Foundation, Howard worked at O’Reilly Media, starting there a few years after Tim O’Reilly convened a group of open government advocates to develop the eight principles of open government data in 2007. Howard says the idea of open data really goes back to the Constitution, which stipulates an "Enumeration" (aka, census) be held to apportion Congressional seats -- an indication that "open data is in the DNA of the USA." Even further, open data harkens to the original Enlightenment idea that reason based on fact should govern human action.

We'll see how that quaint notion survives the postfact era. Meanwhile, consider contributing to the Sunlight Foundation and the Electronic Frontier Foundation."

Openness by Default; Inside Higher Ed, 1/16/17

Carl Straumsheim, Inside Higher Ed; 

Openness by Default

"The Bill & Melinda Gates Foundation now requires all its grant recipients to make their published, peer-reviewed work immediately available to the public, the latest development in a larger push to make research more accessible.

The foundation rolled out the new policy in 2015, but allowed for a two-year transition period during which grant recipients could embargo their work for 12 months. That option went away on Jan. 1 -- from now on, anyone who receives some funding from the foundation must make their research and underlying data available, for example by publishing it in an open-access journal or depositing it in a public repository.

The full impact of the policy has yet to be felt, but Richard Wilder, associate general counsel in the foundation’s global health program, said in an interview that the open-access requirement is changing how the foundation interacts with grant recipients, publishers and others."

Paul McCartney Sues Sony to Regain Rights to Beatles Songs; Hollywood Reporter, 1/18/17

Eriq Gardner, Hollywood Reporter; Paul McCartney Sues Sony to Regain Rights to Beatles Songs

"Paul McCartney has filed suit in New York against Sony/ATV and is looking to get a declaratory judgment that states he will soon regain his copyright ownership share to a treasured catalog of songs created as a member of The Beatles.

In what could become one of the most important legal battles in the music industry this decade, the iconic songwriter is looking to leverage the termination provisions of the Copyright Act.

In 1976, Congress increased the period that works are under copyright protection, and, in recognition of authors who had signed over their rights to publishers and studios without much bargaining power, allowed such authors 35 years hence to reclaim rights in the latter stages of a copyright term."

Why Patent Protection In The Drug Industry Is Out Of Control; Forbes, 1/19/17

Robert Pearl, M.D., Forbes; 

Why Patent Protection In The Drug Industry Is Out Of Control

"Patents originated in ancient Greece. This legal protection assumed greater importance in 15th-century Venice as a means to protect the nation-state's glass-blowing industry. The first patent granted in the United States was in 1790.

Across history, governments created patents for two important purposes. The first was to stimulate interest in research and find solutions to problems that vexed the nation and the world. The second was to promote the broader good of the country. The duration of time designated for exclusive use of the new technology or approach was intended to be relatively short, with the public gaining the resulting benefits in perpetuity. As such, the granting of a patent was designed to advance not only the interests of its creator, but also, equally, the economy and well-being of the nation.

The intent of the patent process and the balance between the dual objectives have been warped over the past decade. "

Retro Patents turns famous inventions into art you can buy; TechCrunch, 1/19/17

Steve O'Hear, TechCrunch; 

Retro Patents turns famous inventions into art you can buy

"A fun little side project-cum-startup from two of the founders of Soundwave, the social music company acquired by Spotify, wants to turn patents into art. Launching today, Retro Patents lets you buy prints of famous patents to hang on your office wall, or at home, if that’s your thing.

The patent prints for sale include games consoles, such as the original Nintendo Gameboy and Sony PlayStation, mobile devices, including the Apple iPhone and original BlackBerry, and more ubiquitous inventions like the humble calculator or computer mouse. Each patent has been designed and printed using HDR ink-jet technology on Ultra Premium Luster Photo Paper with a basis weight of 180 gsm."

Amazon patent hints at self-driving car plans; Guardian, 1/18/17

Alex Hern, Guardian; 

Amazon patent hints at self-driving car plans

"Amazon is working on self-driving cars, according to a new patent that deals with the complex task of navigating reversible lanes.

The patent, filed in November 2015 and granted on Tuesday, covers the problem of how to deal with reversible lanes, which change direction depending on the bulk of the traffic flow. This type of lane is typically used to manage commuter traffic into and out of cities, particularly in the US.

Autonomous vehicles, the patent warns, “may not have information about reversible lanes when approaching a portion of a roadway that has reversible lane”, leading to a worst-case scenario of them driving headfirst into oncoming traffic."

University of Pittsburgh Innovation Institute's "First Gear Program", 2017

[Kip Currier: Last week I highlighted a few from-invention-to-market initiatives offered through the University of Pittsburgh Innovation Institute. First Gear is another of these Pitt initiatives:]

"The First Gear program helps shape Pitt inventions originating from University research from early-stage discovery to products and services that can be taken to market. The program offers hands-on guidance and mentorship that takes an inventor through the necessary steps in creating a go-to-market plan that can result in the creation of a new enterprise or licensing agreement for the technology. As a designated NSF I-Corps site [sic; this is the correct link re NSF I-Corps sites], First Gear participants also receive $3,000 in funding to help validate the market-readiness of the innovation, and qualify for additional NSF funding of larger amounts. Want to learn more, watch the Pitt Ventures & NSF I-Corps webinar.

To request an application or more information on the program, fill out the form on this page."

U.S. Supreme Court justices fret over offensive trademarks; Reuters, 1/18/17

Andrew Chung, Reuters; 

U.S. Supreme Court justices fret over offensive trademarks

"The justices during the arguments seemed to agree with the band that the government was favoring some trademarks while disapproving others, a kind of discrimination based on viewpoint traditionally forbidden by the First Amendment of the U.S. Constitution, which guarantees free speech.

But the justices appeared to struggle over whether banning offensive slurs is reasonable in the trademark system, which is used to promote commerce.

Conservative Justice Anthony Kennedy asked the band's attorney, John Connell, whether a group of non-Asians using the name The Slants to mock Asians could be denied a trademark. Connell said they could not.

Kennedy questioned whether the trademark system should be considered like a public park "where you can say anything you want.

In rejecting The Slants' trademark, government officials relied on a provision of the 1946 Lanham Act that prevents the registration of marks that may disparage certain people."

In Battle Over Band Name, Supreme Court Considers Free Speech And Trademarks; NPR, 1/18/17

Nina Totenberg, NPR; 

In Battle Over Band Name, Supreme Court Considers Free Speech And Trademarks

""Vagueness means that a law doesn't give enough instruction to citizens on how to follow the law," Shapiro says. "What is disparaging? It depends on the particular trademark examiner you get, or the particular judge."

Tushnet replies that in a program with 500,000 applications for trademark registration each year, there will inevitably be some inconsistencies, just as there are in the judgments made under the other parts of the law. In each case, she observes, if you get turned down for a trademark registration, you can appeal within the agency. If you lose there, you can go to court.

But she adds that the trademark registration system has served the nation well.

"It's a complex system, and if you pull out a chunk of it without extreme care, you're going to upset the rest of the system."

And that, she says, could put the whole trademark system in jeopardy."

SCOTUS To Hear From Band The Slants For Right To Trademark Name; Here & Now, WBUR, 1/17/17

Here & Now, WBUR; 

SCOTUS To Hear From Band The Slants For Right To Trademark Name

"The Asian-American band The Slants will appear before the U.S. Supreme Court on Wednesday to argue for full trademark rights to their name, which is a pejorative.

The Portland band has won its case in the United States Court of Appeals for the Federal Circuit, in which the court ruled that the Patent and Trademark Office and the Department of Justice is infringing on the group's rights to freedom of speech.

Here & Now's Robin Young speaks with Rebecca Tushnet (@rtushnet), professor of law at Georgetown Law School, about the conflict for rights to the name."

Five Steps You Can Take Now To Protect Your Company's Trademark; Forbes, 1/17/17

Forbes Legal Counsel, Forbes; 

Five Steps You Can Take Now To Protect Your Company's Trademark

"You've submitted an application for a trademark. But that doesn't necessarily mean you should sit back and relax. Other companies may be applying for trademarks that are strikingly similar to yours — or worse — your mark could be infringing on someone else's. So how do you go about preventing concerning situations like these?

Below, five experienced chief legal officers and law firm partners from Forbes Legal Council discuss the various steps you can take to proactively protect your trademark."

Library Experts Weigh in On Next Register of Copyrights; Library Journal, 1/12/17

Brandon Butler, Kyle K. Courtney, Mary Minow, Kevin Smith, Library Journal; 

Library Experts Weigh in On Next Register of Copyrights

"In the wake of the October 29 resignation of Maria Pallante, the former Register of Copyrights, the Library of Congress (LC) has put out a call to the public for input on the expertise needed by the next Register of Copyrights. (On January 17, Pallante will join the Association of American Publishers as president and CEO). The survey, posted on the LC website on December 16, invites the public to answer a series of questions about the knowledge, skills, abilities, and priorities that the incoming Register should possess...

LJ asked four library copyright experts to give their opinions on what they see as important considerations for the incoming Register of Copyrights, and for LC as well.

The survey will be open through January 31."

It's Copyright Week: Join Us in the Fight for a Better Copyright Law; Electronic Frontier Foundation (EFF), 1/16/17

Kerry Sheehan, Electronic Frontier Foundation (EFF); 

It's Copyright Week: Join Us in the Fight for a Better Copyright Law

"We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation...

Here are this year’s Copyright Week principles:

• Monday: Building and Defending the Public Domain. The public domain is our cultural commons and a crucial resource for innovation and access to knowledge. Copyright policy should strive to promote, and not diminish, a robust, accessible public domain.

• Tuesday: You Bought It, You Own It, You Fix It. Copyright law shouldn't interfere with your freedom to truly own your stuff: to repair it, tinker with it, recycle it, use it on any device, lend it, and then give it away (or re-sell it) when you're done.

• Wednesday: Transparency and Representation. Copyright policy must be set through a participatory, democratic, and transparent process. It should not be decided through back room deals, secret international agreements, or unilateral attempts to apply national laws extraterritorially.

• Thursday: 21st Century Creators. Copyright law should account for the interests of all creators, not just those backed by traditional copyright industries. YouTube creators, remixers, fan artists and independent musicians (among others) are all part of the community of creators that encourage cultural progress and innovation.

• Friday: Copyright and Free Speech. Freedom of expression is fundamental to our democratic system. Copyright law should promote, not restrict or suppress free speech.

Every day this week, we’ll be sharing links to blog posts and actions on these topics at https://www.eff.org/copyrightweek and at #CopyrightWeek.

If you’ve followed Copyright Week in past years, you may note that this year, we didn’t designate a specific day to focus on fair use. Fair use—the legal doctrine that permits many important uses of copyrighted works without permission or payment—is critical to the law’s ability to promote creativity, innovation, and freedom of expression. Fair use is a part of each of this year’s principles."

ARTIST TURNS CONTROVERSIAL TRUMP QUOTES INTO COMIC BOOK COVERS; Comic News via Comic Book Resources, 1/14/17

Anthony Nash, Comic News via Comic Book Resources; ARTIST TURNS CONTROVERSIAL TRUMP QUOTES INTO COMIC BOOK COVERS

[Kip Currier: Clever examples of fair use "transformativeness"--"remixing" bonafide Donald Trump quotes with actual copyrighted comic book covers that have been satirically transformed, both textually and visually--by cartoonist Robert Sikoryak.]
 
"Cartoonist Robert Sikoryak, work has appeared in “Raw,” The New Yorker and Nickelodeon Magazine, has transformed some of the more controversial statements by President-Elect Donald Trump into parody comic book covers in a project he’s called “Unquotable Trump.”"

Library of Congress and U.S. Copyright Office Roundup; Information Today, 1/10/17

Corilee Christou, Information Today; Library of Congress and U.S. Copyright Office Roundup

"Copyright Office Struggles

The overall picture at the LC certainly seems rosy. However, the U.S. Copyright Office is a different story. The office, led by then Register of Copyrights Maria Pallante, was attempting to fix its problems in 2016, but with its budget and IT systems both dependent on the LC, this was not a simple task. After only a month as the Librarian of Congress, Hayden removed Pallante from her position. She had been Register of Copyrights since 2011, after holding several positions at the Copyright Office since 2008. Never before has a Register of Copyrights been removed from his or her post by the Librarian of Congress.

Instead of taking the alternative position of senior advisor to the Librarian of Congress that Hayden offered her, Pallante resigned, effective Oct. 29. Reactions were both positive and negative."

Librarian of Congress Seeks Input on Register of Copyrights; Press Release, Library of Congress, DECEMBER 16, 2016 (REVISED JANUARY 11, 2017)

"DECEMBER 16, 2016 (REVISED JANUARY 11, 2017)Librarian of Congress Seeks Input on Register of Copyrights

Press Contact: Gayle Osterberg (202) 707-0020
Website: Librarian of Congress Seeks Input on Register of Copyrights (Survey) External

The public will have the opportunity to provide input to the Library of Congress on expertise needed by the Register of Copyrights, the Librarian of Congress, Carla Hayden, announced today.

Beginning today, December 16, an online survey is open to the public. The survey will be posted through Jan. 31, 2017.

Link to survey: https://www.research.net/r/RegisterOfCopyrightsNR External
Deadline for submitting comments: Jan. 31, 2017

Input will be reviewed and will inform development of knowledge, skills and abilities requirements for the position.

Information provided through the survey will be posted online and submitters’ names will appear. Note that input will be subject to review and input may not be posted that is off-topic; contains vulgar, offensive, racist, threatening or harassing content; personal information; or gratuitous links to sites that could be considered spam. The Library’s complete comment policy can be viewed here: loc.gov/legal/comment-and-posting-policy/.

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Innovators and patent holders; The Hindu, 1/13/17

Achuthsankar S. Nair, The Hindu; Innovators and patent holders:

"J.P. Subramonya Iyer, who invented the tap, was a grass-root innovator, start-up hero, global technology merchant … all ahead of his times. He served as an insurance officer in Travancore-Cochin state. Noticing the wastage of water from road-side water taps that were carelessly left open, he dreamt of an automatically closing tap and got one such tap made with the help of his engineer friends. He patented it and went on to improve it further and patented the improved tap too...

Innovation is a buzzword in academia and the business world. Government and industries seem to take it as “invention—patenting—commercialisation—economic development.” Academia has a more intellectual view of innovation, focussing on the process of development of new knowledge leading to inventions. India has declared 2010-20 as the ‘Decade of Innovation’ and established a National Innovation Council...

An innovation ultimately creates wealth, through economic, social or environmental activity, by creating value, solving problems, creating jobs and so on. The Jaison water tap is an excellent example of innovation. Its production was an economic activity that created wealth and solved the problem of water wastage in public taps, which benefited society.

Almost everything we use or see in day-to-day life was at one time an innovation or invention that had a revolutionary effect on life of those times. Clothes, wheels, toys, tools, food, building materials, construction methods, traditional home utensils, appliances..."

19th century patents see value today; Farm Forum, 1/13/17

TERRY AND KIM KOVEL Kovels’ Antiques and Collecting, Farm Forum; 

19th century patents see value today:

"The 19th century in the U.S. was a time of invention. The patent office at first required a working model of an invention, but later, just accurate drawings and details were enough. Victorians loved gadgets and specialty tools. There were hundreds of patents granted for apple peelers, lighting devices, corkscrews, fruit jars, washing machines, washboards, toasters, napkin rings and cooking pots, and today there are collector clubs for almost every one of these specialties."

'Could You Patent The Sun?'; New York Times, January 2017

Video, New York Times; 'Could You Patent The Sun?'

"Decades after Dr. Jonas Salk opposed patenting the polio vaccine, the pharmaceutical industry has changed. What does that mean for the development of innovative drugs and for people whose lives depend on them?"