Marrian Zhou, CNet; IBM wants $167M from Groupon over alleged patent infringement
"IBM asked a jury on Monday to award the company $167 million in a lawsuit against deals site Groupon for using patented technology without authorization, according to Reuters.
IBM's lawyer reportedly said in federal court in Delaware that Groupon infringed patents
involving e-commerce technology that had already been licensed to
Amazon, Facebook and Google for between $20 million and $50 million per
company.
"Most big companies have taken licenses to these
patents," said IBM lawyer John Desmarais, according to Reuters. "Groupon
has not. The new kid on the block refuses to take responsibility for
using these inventions."
Groupon's lawyer reportedly argued that
IBM exceeded the coverage of its patents and claimed ownership of
fundamentals of the internet."
Wednesday, July 18, 2018
Sunday, July 15, 2018
Fans howl over taking down World Cup Twitter posts for copyright issues; NBC News, July 14, 2018
Francis Whittaker, NBC News;
Fans howl over taking down World Cup Twitter posts for copyright issues
"The removal of Conn’s tweet created a minor tabloid furor in the U.K.
It also raised broader questions about how effectively accusations of copyright infringement are enforced on digital platforms, and whether such notices — and the filter technologies that are likely behind them — take into account copyright exceptions and fair use of material."
Friday, July 13, 2018
Former Apple employee charged with theft of autonomous-vehicle trade secrets; CNet, July 10, 2018
Kyle Hyatt, CNet;
Former Apple employee charged with theft of autonomous-vehicle trade secrets
"The US government has filed charges of theft of trade secrets against a former member of Apple's self-driving car team, according to MacRumors.
The former employee, Xiaolang Zhang, was arrested Saturday in San Jose, California, while attempting to fly to China and was questioned by the FBI regarding the alleged theft of Apple's intellectual property. According to a criminal complaint filed Monday in federal court, Zhang confessed to the theft. Zhang could face up to 10 years in prison and a $250,000 fine.
According to the court filing, Zhang was hired in 2015 to work on Apple's self-driving car project designing and testing circuit boards that would analyze sensor data."
Tuesday, July 10, 2018
Is ‘Balanced Intellectual Property’ Code For ‘Anti-Intellectual Property’?; Above The Law, June 28, 2018
Krista L. Cox, Above The Law;
Is ‘Balanced Intellectual Property’ Code For ‘Anti-Intellectual Property’?
"The copyright and patent system in the United States acknowledges both the need to incentivize innovation as well as the need for public access. It is a utilitarian view that promotes further creation. Advocating for a system that incentivizes the creator or inventor while simultaneously protecting the interest of the public isn’t an anti-intellectual property stance, it’s one that encourages more creative works and innovations."
Monday, July 9, 2018
After trademark dispute, Voodoo Brewery relaunches Pitt-themed beer with tongue-in-cheek name; The Pittsburgh Post-Gazette, June 12, 2018
Adam Bittner, The Pittsburgh Post-Gazette; After trademark dispute, Voodoo Brewery relaunches Pitt-themed beer with tongue-in-cheek name
"The West Coast-style India Pale Ale’s original branding was scuttled just days after its seasonal distribution to coincide with football season began last fall. Pitt attorneys contacted the brewery to contest the use of university-owned marks including the Cathedral of Learning and script lettering on the packaging, and Meadville-based Voodoo promptly began stripping labels off of cans to comply."
"The West Coast-style India Pale Ale’s original branding was scuttled just days after its seasonal distribution to coincide with football season began last fall. Pitt attorneys contacted the brewery to contest the use of university-owned marks including the Cathedral of Learning and script lettering on the packaging, and Meadville-based Voodoo promptly began stripping labels off of cans to comply."
Sunday, July 8, 2018
U.S. Postal Service must pay $3.5 million after confusing Statue of Liberty with ‘sexier’ Las Vegas replica; The Washington Post, July 7, 2018
U.S. Postal Service must pay $3.5 million after confusing Statue of Liberty with ‘sexier’ Las Vegas replica
"Last week, a federal judge ordered the Postal
Service to pay the statue’s creator $3.5 million for exploiting the
sculpture without permission or consent.
So much for love stories.
When thing started to go bad, some people blamed the statue.
More
exactly, they blamed the artist, Robert S. Davidson. He sued for
copyright infringement in 2013, claiming that the Postal Service had
sold billions of the stamps, even after the government realized it had
confused an image of his plaster sculpture at the New York-New York
Hotel & Casino in Las Vegas for the 19th-century stone-and-copper
behemoth off the shore of the real New York."
Europe's copyright plan: Why was it so controversial?; BBC, July 5, 2018
BBC; Europe's copyright plan: Why was it so controversial?
"What happens next?
The proposed directive is due to be revisited in September, with a European Parliament debate and possible changes.
It's not yet known whether Articles 11 and 13 will be removed or amended.
If eventually adopted by the European Parliament, the directive will be sent to the EU Council, which also has to approve it - a process that could take months.
Usually, the Parliament and the Council agree - but if they don't, they'll form a committee to try and reach consensus.
Once they've both agreed and approved the directive, it has to be put into law by every member state on a country-by-country basis, in a process the EU calls transposition.
That can take a year or two, as each country navigates its own legal and parliamentary system."
"What happens next?
The proposed directive is due to be revisited in September, with a European Parliament debate and possible changes.
It's not yet known whether Articles 11 and 13 will be removed or amended.
If eventually adopted by the European Parliament, the directive will be sent to the EU Council, which also has to approve it - a process that could take months.
Usually, the Parliament and the Council agree - but if they don't, they'll form a committee to try and reach consensus.
Once they've both agreed and approved the directive, it has to be put into law by every member state on a country-by-country basis, in a process the EU calls transposition.
That can take a year or two, as each country navigates its own legal and parliamentary system."
Saturday, July 7, 2018
Judge Orders Chinese Wind-Turbine Maker To Pay $59 Million For Stealing Trade Secrets; NPR, July 6, 2018
Jim Zarroli, NPR; Judge Orders Chinese Wind-Turbine Maker To Pay $59 Million For Stealing Trade Secrets
"A federal judge has ordered China's largest wind-turbine firm, Sinovel, to pay $59 million for stealing trade secrets from a Massachusetts-based technology company.
Last January, Sinovel was found guilty of stealing trade secrets in federal criminal court in Madison, Wis. The company paid an Austria-based employee of American Superconductor Corp. to steal its source code for software that powered wind turbines.
This kind of intellectual property theft has been highlighted by the Trump administration as a reason for levying 25 percent tariffs on $34 billion of Chinese goods entering the U.S., which began on Friday. China retaliated with tariffs on $34 billion worth of U.S. goods."
"A federal judge has ordered China's largest wind-turbine firm, Sinovel, to pay $59 million for stealing trade secrets from a Massachusetts-based technology company.
Last January, Sinovel was found guilty of stealing trade secrets in federal criminal court in Madison, Wis. The company paid an Austria-based employee of American Superconductor Corp. to steal its source code for software that powered wind turbines.
This kind of intellectual property theft has been highlighted by the Trump administration as a reason for levying 25 percent tariffs on $34 billion of Chinese goods entering the U.S., which began on Friday. China retaliated with tariffs on $34 billion worth of U.S. goods."
Friday, July 6, 2018
California Can Lead the Way in Open Access; Electronic Frontier Foundation, June 11, 2018
Elliot Harmon, Electronic Frontier Foundation; California Can Lead the Way in Open Access
"There’s a bill in the California legislature that would be a huge win for open access to scientific research. The California Assembly recently passed A.B. 2192 unanimously. We hope to see it pass the Senate soon, and for other states to follow California’s lead in passing strong open access laws.
Under A.B. 2192, all peer-reviewed, scientific research funded by the state of California would be made available to the public no later than a year after publication. Under current law, research funded by the California Department of Public Health is covered by an open access law, but that provision is set to expire in 2020. A.B. 2192 would extend it indefinitely and expand it to cover research funded by any state agency."
"There’s a bill in the California legislature that would be a huge win for open access to scientific research. The California Assembly recently passed A.B. 2192 unanimously. We hope to see it pass the Senate soon, and for other states to follow California’s lead in passing strong open access laws.
Under A.B. 2192, all peer-reviewed, scientific research funded by the state of California would be made available to the public no later than a year after publication. Under current law, research funded by the California Department of Public Health is covered by an open access law, but that provision is set to expire in 2020. A.B. 2192 would extend it indefinitely and expand it to cover research funded by any state agency."
Tech Giants Win a Battle Over Copyright Rules in Europe; The New York Times, July 5, 2018
Adam Satariano, The New York Times; Tech Giants Win a Battle Over Copyright Rules in Europe
"It’s a fight nearly as old as the internet.
On
one side are news organizations, broadcasters and music companies that
want to control how their content spreads across the web, and to be paid
more for it. On the other are tech companies such as Facebook and
Google, which argue that they funnel viewers and advertising revenue to
media outlets, and free-speech advocates, who say that regulating the
internet would set a dangerous precedent and limit access to
information.
That battle flared up in
Europe on Thursday. Two powerful industries faced off — technology
against media, platforms against publishers — in an unusually aggressive
lobbying campaign in the European Parliament over a bill that would
impose some of the world’s strictest copyright laws, which would have
required tech companies to filter out unlicensed content and pay for its
use.
On this occasion, tech prevailed; the proposal was voted down."
Thursday, July 5, 2018
Equity pending: Why so few women receive patents; The Christian Science Monitor, July 2, 2018
E'oin O'Carroll, The Christian Science Monitor; Equity pending: Why so few women receive patents
"The causes for the gender gap are varied and complex, but much of it can be explained by women’s underrepresentation in patent-intensive jobs, particularly engineering. Research shows women make up roughly 20 percent of graduates from engineering schools, but hold less than 15 percent of engineering jobs. Female engineering grads are not entering the field at the same rate as their male counterparts, and they are leaving in far greater numbers.
“It’s the climate,” says Nadya Fouad, a professor of educational psychology at the University of Wisconsin-Milwaukee. “The organizational environment is very unforgiving.”
Professor Fouad, who spent three years surveying women with engineering degrees about their career choices, cites inflexible schedules, a lack of opportunities for advancement, and incivility toward women. “It’s not the women’s fault,” she says, noting that she found no difference in levels of confidence in those who stayed and those who left.
Other barriers women face are an absence of supportive social networks and implicit bias on the part of venture capitalists."
"The causes for the gender gap are varied and complex, but much of it can be explained by women’s underrepresentation in patent-intensive jobs, particularly engineering. Research shows women make up roughly 20 percent of graduates from engineering schools, but hold less than 15 percent of engineering jobs. Female engineering grads are not entering the field at the same rate as their male counterparts, and they are leaving in far greater numbers.
“It’s the climate,” says Nadya Fouad, a professor of educational psychology at the University of Wisconsin-Milwaukee. “The organizational environment is very unforgiving.”
Professor Fouad, who spent three years surveying women with engineering degrees about their career choices, cites inflexible schedules, a lack of opportunities for advancement, and incivility toward women. “It’s not the women’s fault,” she says, noting that she found no difference in levels of confidence in those who stayed and those who left.
Other barriers women face are an absence of supportive social networks and implicit bias on the part of venture capitalists."
The EU's dodgy Article 13 copyright directive has been rejected; Wired, July 5, 2015
James Temperton, Wired; The EU's dodgy Article 13 copyright directive has been rejected
"The European Parliament has voted against a controversial proposed new copyright law that critics warned could imperil a free and open internet.
The Copyright Directive, which contained the particularly concerning Article 13, was rejected by 318 votes to 278, with 31 abstentions. The EU’s proposed copyright reforms will now be debated again in September, giving policymakers more time to discuss and refine the crucial dossier...
The rejected proposals would have placed far greater responsibility on individual websites to check for copyright infringements. It gained the support of former Beatle Sir Paul McCartney, while Sir Tim Berners-Lee, the inventor of the web, warned it threatened internet freedom."
"The European Parliament has voted against a controversial proposed new copyright law that critics warned could imperil a free and open internet.
The Copyright Directive, which contained the particularly concerning Article 13, was rejected by 318 votes to 278, with 31 abstentions. The EU’s proposed copyright reforms will now be debated again in September, giving policymakers more time to discuss and refine the crucial dossier...
The rejected proposals would have placed far greater responsibility on individual websites to check for copyright infringements. It gained the support of former Beatle Sir Paul McCartney, while Sir Tim Berners-Lee, the inventor of the web, warned it threatened internet freedom."
Wednesday, July 4, 2018
Kitty Pryde Owns the Trademark on the X-Men; Bleeding Cool, July 4, 2018
Bleeding Cool; Kitty Pryde Owns the Trademark on the X-Men
"The X-Men own their own trademark, at least as far as it goes to creating superhero teams known as the X-Men. Which does suggest they could have sued the likes of X-Force, X-Factor, or other knock-off teams if they had wanted. Also…
…it looks like the trademark was registered by Charles Xavier and passed to Kitty when he died. Now that he is back as X — will he want the trademark back too? Registration Wars coming to a summer event near you soon…"
"The X-Men own their own trademark, at least as far as it goes to creating superhero teams known as the X-Men. Which does suggest they could have sued the likes of X-Force, X-Factor, or other knock-off teams if they had wanted. Also…
…it looks like the trademark was registered by Charles Xavier and passed to Kitty when he died. Now that he is back as X — will he want the trademark back too? Registration Wars coming to a summer event near you soon…"
Monday, July 2, 2018
WIPO Marrakesh Treaty On Copyright Exceptions For Blind Readers Clears US Senate; Intellectual Property Watch, June 29, 2018
Intellectual Property Watch; WIPO Marrakesh Treaty On Copyright Exceptions For Blind Readers Clears US Senate
"The World Intellectual Property Organization Marrakesh Treaty on copyright exceptions enabling international access to published works by blind and print-disabled readers was ratified this week by the United States Senate, putting it one step closer to final ratification in the country.
The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print-Disabled was agreed in 2013.
On 28 June, the full US Senate ratified treaty and passed implementing legislation to amend Title 17 accordingly, the Marrakesh Treaty Implementation Act (S. 2559).
The implementing legislation now goes to the US House of Representatives, and then on to the President, according to the bill summary. The US will then have to prepare and deposit its instrument of ratification to WIPO."
"The World Intellectual Property Organization Marrakesh Treaty on copyright exceptions enabling international access to published works by blind and print-disabled readers was ratified this week by the United States Senate, putting it one step closer to final ratification in the country.
The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print-Disabled was agreed in 2013.
On 28 June, the full US Senate ratified treaty and passed implementing legislation to amend Title 17 accordingly, the Marrakesh Treaty Implementation Act (S. 2559).
The implementing legislation now goes to the US House of Representatives, and then on to the President, according to the bill summary. The US will then have to prepare and deposit its instrument of ratification to WIPO."
A trademark can protect that clever slogan; Houston Chronicle, July 2, 2018
Jacqueline Taylor, Houston Chronicle; A trademark can protect that clever slogan
"Q: I’ve come up with a catchy and distinctive slogan for my new small business, and I’d like to make sure no one else uses it. Would a trademark legally protect it?
A: Good timing on your question. The UH Bauer College Small Business Development Center is offering a special workshop on “Protecting Your Business With Trademarks” from 9:30 a.m. to 12:30 p.m. on July 17. It will provide the answer and walk you through the process. You’ll learn how a strong trademark can not only protect your brand but also help customers find your business.
The workshop will be led by Anne Cullotta of the Culotta Law Firm. Register for the $29 class, which will be held at the SBDC’s Midtown office on Fannin Street, at sbdc.uh.edu.
The U.S. Patent and Trademark Office website, uspto.gov, also is a helpful resource. Find a detailed explanation of the trademark process; an explanation of the difference between patent, trademark and copyright protection; and the difference between registering a domain name, business name and trademark. The information will help you determine if trademark protection is what you’re looking for and what the process entails.
You should be aware that there’s a difference between what’s known as a “common law” trademark and a federally registered trademark."
"Q: I’ve come up with a catchy and distinctive slogan for my new small business, and I’d like to make sure no one else uses it. Would a trademark legally protect it?
A: Good timing on your question. The UH Bauer College Small Business Development Center is offering a special workshop on “Protecting Your Business With Trademarks” from 9:30 a.m. to 12:30 p.m. on July 17. It will provide the answer and walk you through the process. You’ll learn how a strong trademark can not only protect your brand but also help customers find your business.
The workshop will be led by Anne Cullotta of the Culotta Law Firm. Register for the $29 class, which will be held at the SBDC’s Midtown office on Fannin Street, at sbdc.uh.edu.
The U.S. Patent and Trademark Office website, uspto.gov, also is a helpful resource. Find a detailed explanation of the trademark process; an explanation of the difference between patent, trademark and copyright protection; and the difference between registering a domain name, business name and trademark. The information will help you determine if trademark protection is what you’re looking for and what the process entails.
You should be aware that there’s a difference between what’s known as a “common law” trademark and a federally registered trademark."
The marvellous world of superhero licensing ; Lexology, June 26, 2018
Amanda Morton - Phillips Ormonde Fitzpatrick, Lexology;
The marvellous world of superhero licensing
"The manner by which each studio dealt with Quicksilver ended up being an intriguing case study in how shared IP rights in elements of a character could be similarly depicted in two separate media entities."
Friday, June 29, 2018
Elon Musk drawn into farting unicorn dispute with potter; The Guardian, June 27, 2018
Sam Levin, The Guardian; Elon Musk drawn into farting unicorn dispute with potter
[Kip Currier: Given the facts as presented in this article (and knowing that the U.S. only recognizes "moral rights" vis-a-vis the very narrow Visual Artists Right Act [VARA]), is there anyone who still doesn't think that at the very least the "decent" thing to do would have been for Elon Musk/Tesla to provide attribution (let alone some kind of compensation) when repeatedly using Tom Edwards' image? Imagine if the situation were reversed and someone was using Elon Musk's "original expressions" without attribution.]
"Edwards said he wanted to speak out in part because he often hears similar stories from artists. “I realize my farting unicorn is not as serious as whistleblowers,” he said, “but honestly, it’s all about integrity.”
He added: “I’d really like to get on Elon Musk’s good side … He’s really really interesting. But he isn’t above copyright law.""
[Kip Currier: Given the facts as presented in this article (and knowing that the U.S. only recognizes "moral rights" vis-a-vis the very narrow Visual Artists Right Act [VARA]), is there anyone who still doesn't think that at the very least the "decent" thing to do would have been for Elon Musk/Tesla to provide attribution (let alone some kind of compensation) when repeatedly using Tom Edwards' image? Imagine if the situation were reversed and someone was using Elon Musk's "original expressions" without attribution.]
"Edwards said he wanted to speak out in part because he often hears similar stories from artists. “I realize my farting unicorn is not as serious as whistleblowers,” he said, “but honestly, it’s all about integrity.”
He added: “I’d really like to get on Elon Musk’s good side … He’s really really interesting. But he isn’t above copyright law.""
Thursday, June 28, 2018
Indigenous Knowledge Databases: Is It Something To Be Concerned About?; Intellectual Property Watch, June 28, 2018
Adithi Koushik, Intellectual Property Watch; Indigenous Knowledge Databases: Is It Something To Be Concerned About?
"Almost all information today ends up in a database. It is organised and made readily accessible. While it sounds positive, for indigenous communities, it can be crucial. Databases of their knowledge, culture and genetic resources, if misused, can undermine generations of community effort and maybe even their sustainability. A panel of indigenous peoples’ representatives presented their concerns about databases this week to governments attending a World Intellectual Property Organization meeting on genetic resources.
The discussion in the Indigenous Panel at the 36th round of the Intergovernmental Committee at WIPO, held between 25th and 29th of June, centered on the collection of material for, administration and use of databases and contracts."
"Almost all information today ends up in a database. It is organised and made readily accessible. While it sounds positive, for indigenous communities, it can be crucial. Databases of their knowledge, culture and genetic resources, if misused, can undermine generations of community effort and maybe even their sustainability. A panel of indigenous peoples’ representatives presented their concerns about databases this week to governments attending a World Intellectual Property Organization meeting on genetic resources.
The discussion in the Indigenous Panel at the 36th round of the Intergovernmental Committee at WIPO, held between 25th and 29th of June, centered on the collection of material for, administration and use of databases and contracts."
Intellectual property basics for startups: trade secrets; DLA Piper via Lexology, June 27, 2018
Victoria Lee, DLA Piper via Lexology; Intellectual property basics for startups: trade secrets
"The crown jewels of a typical technology company are often found in its intellectual property portfolio. Having a good basic understanding of intellectual property protection is essential for entrepreneurs to extract value out of their company’s key assets and manage opportunities and risk arising from them. Among these key assets is the trade secret.
Our colleague Victoria Lee outlines what startups need to know about trade secrets in this article."
"The crown jewels of a typical technology company are often found in its intellectual property portfolio. Having a good basic understanding of intellectual property protection is essential for entrepreneurs to extract value out of their company’s key assets and manage opportunities and risk arising from them. Among these key assets is the trade secret.
Our colleague Victoria Lee outlines what startups need to know about trade secrets in this article."
Infamous 'Dancing Baby' copyright battle settled just before YouTube tot becomes a teen; The Register, June 27, 2018
Kieren McCarthy, The Register; Infamous 'Dancing Baby' copyright battle settled just before YouTube tot becomes a teen
"In the Ninth Circuit ruling – which is the one that will now hold until another appeals court takes on the topic and/or the Supreme Court decides to revisit the issue in future – the court said that a copyright holder is obliged to consider whether the content they are planning to send a DMCA notice to is legal under the fair use doctrine.
Which is great. Except the court also decided that the rightsholder is entitled to reach the decision of whether that is true or not entirely by themselves.
Which on one level provides a sort of equilibrium but on the other means that it is inevitable that there will be lots of future court cases as people argue all over again about what is fair use.
In other words, this 11-year court battle has not really resolved anything and we can expect to see another one on the exact same topic soon."
"In the Ninth Circuit ruling – which is the one that will now hold until another appeals court takes on the topic and/or the Supreme Court decides to revisit the issue in future – the court said that a copyright holder is obliged to consider whether the content they are planning to send a DMCA notice to is legal under the fair use doctrine.
Which is great. Except the court also decided that the rightsholder is entitled to reach the decision of whether that is true or not entirely by themselves.
Which on one level provides a sort of equilibrium but on the other means that it is inevitable that there will be lots of future court cases as people argue all over again about what is fair use.
In other words, this 11-year court battle has not really resolved anything and we can expect to see another one on the exact same topic soon."
Monday, June 25, 2018
In tech, patents are trophies -- and these companies are dominating; CNN, June 19, 2018
CNN; In tech, patents are trophies -- and these companies are dominating
[Kip Currier: This CNN article has a link to an interesting 2 min. 6 sec. video, "Patents: A history of innovation", highlighting some examples of U.S. patents, from the 1st one--to a Philadelphia inventor for potash in 1790 and signed by Pres. George Washington--to the 10 millionth, issued to a Raytheon employee on June 20, 2018.]
"Google, Apple, Amazon (AMZN) and others are pushing forward with a range of new patents touching on artificial intelligence, cloud computing, drones and virtual reality, according to an analysis of patent activity late last year from CB Insights.
"I do think more recently, companies -- especially startups -- are realizing that just being a cool application is not enough," says Ethan Kurzweil, a partner at Bessemer Venture Partners. They want to be "inventing some core piece of technology, whether it be AI, machine learning, autonomous driving, or computer vision. ... Patents will matter a lot more in those contexts.""
[Kip Currier: This CNN article has a link to an interesting 2 min. 6 sec. video, "Patents: A history of innovation", highlighting some examples of U.S. patents, from the 1st one--to a Philadelphia inventor for potash in 1790 and signed by Pres. George Washington--to the 10 millionth, issued to a Raytheon employee on June 20, 2018.]
"Google, Apple, Amazon (AMZN) and others are pushing forward with a range of new patents touching on artificial intelligence, cloud computing, drones and virtual reality, according to an analysis of patent activity late last year from CB Insights.
"I do think more recently, companies -- especially startups -- are realizing that just being a cool application is not enough," says Ethan Kurzweil, a partner at Bessemer Venture Partners. They want to be "inventing some core piece of technology, whether it be AI, machine learning, autonomous driving, or computer vision. ... Patents will matter a lot more in those contexts.""
Want to patent your invention? Here's what you need to know.; Marketplace, February 2, 2018
[Podcast and Article] Marketplace; Want to patent your invention? Here's what you need to know.
[Kip Currier: Informative brief podcast, spotlighting a patent librarian's work at New York Public Library and the costs and time involved with submitting a patent application.]
[Kip Currier: Informative brief podcast, spotlighting a patent librarian's work at New York Public Library and the costs and time involved with submitting a patent application.]
"The U.S. Patent and Trademark Office is
getting more patent applications than ever before — six times as many as
it did in 1980. But does that mean that America is more creative and
innovative than ever before? Well, not necessarily. Here's what you need
to know..."
Bethesda Sues Warner Bros., Calls ‘Westworld’ Game ‘Blatant Ripoff’; Variety, June 22, 2018
Stefanie Fogel, Variety; Bethesda Sues Warner Bros., Calls ‘Westworld’ Game ‘Blatant Ripoff’
"Bethesda Softworks is suing Warner Bros. Entertainment and Canadian game developer Behaviour Interactive for allegedly using code from its “Fallout Shelter” game to create a new “Westworld” mobile app.
Bethesda filed the suit in a District of Maryland court on Thursday, Jun. 21. It’s accusing Behaviour of breach of contract, copyright infringement, unfair competition, and misappropriation of trade secrets. It’s also suing Warner Bros. for allegedly persuading Behaviour to breach that contract. It now wants both companies to remove each and every version of the “Westworld” mobile game from distribution and to stop developing and supporting it. They are also asking for undisclosed statutory and punitive damages."
"Bethesda Softworks is suing Warner Bros. Entertainment and Canadian game developer Behaviour Interactive for allegedly using code from its “Fallout Shelter” game to create a new “Westworld” mobile app.
Bethesda filed the suit in a District of Maryland court on Thursday, Jun. 21. It’s accusing Behaviour of breach of contract, copyright infringement, unfair competition, and misappropriation of trade secrets. It’s also suing Warner Bros. for allegedly persuading Behaviour to breach that contract. It now wants both companies to remove each and every version of the “Westworld” mobile game from distribution and to stop developing and supporting it. They are also asking for undisclosed statutory and punitive damages."
Sunday, June 24, 2018
MSF Challenges Gilead Hepatitis C Patent In China; Intellectual Property Watch, June 19, 2018
Intellectual Property Watch; MSF Challenges Gilead Hepatitis C Patent In China
"According to the [Médecins Sans Frontières (MSF, Doctors Without Borders) press] release, “Gilead launched the sofosbuvir/velpatasvir combination at a price of US$51,000 for a 12-week treatment course in the United Kingdom, whereas the same treatment course is available for as low as $286 in India from generic manufacturers. In China, this combination was registered in May 2018, but Gilead has not yet announced its price.”
"According to the [Médecins Sans Frontières (MSF, Doctors Without Borders) press] release, “Gilead launched the sofosbuvir/velpatasvir combination at a price of US$51,000 for a 12-week treatment course in the United Kingdom, whereas the same treatment course is available for as low as $286 in India from generic manufacturers. In China, this combination was registered in May 2018, but Gilead has not yet announced its price.”
Trademark Basics: What Can and Can't Be Trademarked?; Business.com, June 21, 2018
James Parsons, Business.com; Trademark Basics: What Can and Can't Be Trademarked?
"When you’re producing graphics for your website, whether it’s a logo for the corner navigation or an illustration for a blog post or landing page, those are assets of value. You might have paid a graphic designer for them, or you might have made them yourself, but either way, they’re worth protecting. So can you trademark them?"
"When you’re producing graphics for your website, whether it’s a logo for the corner navigation or an illustration for a blog post or landing page, those are assets of value. You might have paid a graphic designer for them, or you might have made them yourself, but either way, they’re worth protecting. So can you trademark them?"
Play-Doh Scent Registration May Serve As Trademark Model; Bloomberg Law, June 20, 2018
Anandashankar Mazumdar, Bloomberg Law; Play-Doh Scent Registration May Serve As Trademark Model
"Trademark attorneys usually handle registrations online. But the lawyer for toy maker Hasbro Inc. faced a problem that no computer could solve.
Lawyer Catherine M.C. Farrelly was trying to get a trademark registration for the iconic scent of Play-Doh, the modeling compound that has been sold as a children’s toy since 1956. The Patent and Trademark Office requires a specimen of any trademark, so the scent had to be sent. Farrelly, of Frankfurt, Kurnit, Klein & Selz PC, New York, told Bloomberg Law that she sent the application in February 2017 with a note that a box of Play-Doh was on its way by overnight delivery.
Hasbro Inc.’s success in getting a trademark registration in May 2018 for the smell of Play-Doh might serve as a model for lawyers tasked with securing aroma-related trademarks, trademark lawyers told Bloomberg Law."
"Trademark attorneys usually handle registrations online. But the lawyer for toy maker Hasbro Inc. faced a problem that no computer could solve.
Lawyer Catherine M.C. Farrelly was trying to get a trademark registration for the iconic scent of Play-Doh, the modeling compound that has been sold as a children’s toy since 1956. The Patent and Trademark Office requires a specimen of any trademark, so the scent had to be sent. Farrelly, of Frankfurt, Kurnit, Klein & Selz PC, New York, told Bloomberg Law that she sent the application in February 2017 with a note that a box of Play-Doh was on its way by overnight delivery.
Hasbro Inc.’s success in getting a trademark registration in May 2018 for the smell of Play-Doh might serve as a model for lawyers tasked with securing aroma-related trademarks, trademark lawyers told Bloomberg Law."
The sudden rush of vulgar trademarks; The Boston Globe, June 23, 2018
The sudden rush of vulgar trademarks
"There are now at least three different kinds of marks which can be registered without challenge. The first category includes marks that comprise, well, hate speech — the name of the pro football team in Washington, as an example. The second falls into Tam’s context — self-referential marks.
But the third group is different. Like a team playing defense, these trademark owners seek to register marks to keep the rest of the public from doing so.
In perhaps the most surprising result of the court’s ruling, the applicants for several of the most offensive terms did so not to sell merchandise, but to stop others from doing the same."
"There are now at least three different kinds of marks which can be registered without challenge. The first category includes marks that comprise, well, hate speech — the name of the pro football team in Washington, as an example. The second falls into Tam’s context — self-referential marks.
But the third group is different. Like a team playing defense, these trademark owners seek to register marks to keep the rest of the public from doing so.
In perhaps the most surprising result of the court’s ruling, the applicants for several of the most offensive terms did so not to sell merchandise, but to stop others from doing the same."
This guy's invention got U.S. Patent No. 10 million; Marketplace, June 19, 2018
; This guy's invention got U.S. Patent No. 10 million
"Today marks a milestone of in the American innovation economy. Back in 1836, the U.S. Patent and Trademark Office issued patent No.1 under the current numbering system. It took 155 years to get up to patent No. 5 million and then just another 27 years to issue 5 million more. Patent number No. 10 million was issued this afternoon for something called "Coherent Ladar Using Intra-Pixel Quadrature Detection." The technology is owned by Raytheon, and it was invented by Joseph Marron, a principal engineering fellow at the company's Space and Airborne Systems division. He talked with Marketplace host Kai Ryssdal about his invention. The following is an edited transcript of their conversation..."
"Today marks a milestone of in the American innovation economy. Back in 1836, the U.S. Patent and Trademark Office issued patent No.1 under the current numbering system. It took 155 years to get up to patent No. 5 million and then just another 27 years to issue 5 million more. Patent number No. 10 million was issued this afternoon for something called "Coherent Ladar Using Intra-Pixel Quadrature Detection." The technology is owned by Raytheon, and it was invented by Joseph Marron, a principal engineering fellow at the company's Space and Airborne Systems division. He talked with Marketplace host Kai Ryssdal about his invention. The following is an edited transcript of their conversation..."
Nathan Myhrvold: ‘Nasa doesn’t want to admit it’s wrong about asteroids’; The Observer via The Guardian, June 24, 2018
Zoe Corbyn, The Observer via The Guardian; Nathan Myhrvold: ‘Nasa doesn’t want to admit it’s wrong about asteroids’
"In 2000, you left Microsoft and set up Intellectual Ventures, which primarily buys and licenses patents. The business is often vilified as one of the world’s biggest “patent trolls”. Why do you think people find it so loathsome?
I fundamentally think what we do is good. It is hard for me to get too worked up about figuring out why it is bad. Any patent holder who enforces their rights gets called a patent troll. Silicon Valley feels very threatened by anything that could challenge its authority. If you are one of the big companies, like Google or Apple, almost no one can challenge you in the market that you’re in. But if somebody has a patent, they can ask for a bunch of money. The more you can get a return from an invention, the better off the world will be. It will lead to more inventions being funded and more inventing...
President Trump is going after China’s intellectual property theft. Given your experience, can he succeed in curbing it?
The theft of intellectual property by Chinese companies is a very serious issue. It’s not just private companies in China or little companies. A large amount of it is state-owned enterprise. So, it really is the Chinese government doing it. Exactly how to solve that issue, I don’t know. You need the Chinese government to be very serious about it, but so far they haven’t been. In my experience in business, you mostly do better with negotiating in quiet diplomacy, not with brinksmanship. But I’ve never built luxury hotels and golf courses. Maybe it is different there."
"In 2000, you left Microsoft and set up Intellectual Ventures, which primarily buys and licenses patents. The business is often vilified as one of the world’s biggest “patent trolls”. Why do you think people find it so loathsome?
I fundamentally think what we do is good. It is hard for me to get too worked up about figuring out why it is bad. Any patent holder who enforces their rights gets called a patent troll. Silicon Valley feels very threatened by anything that could challenge its authority. If you are one of the big companies, like Google or Apple, almost no one can challenge you in the market that you’re in. But if somebody has a patent, they can ask for a bunch of money. The more you can get a return from an invention, the better off the world will be. It will lead to more inventions being funded and more inventing...
President Trump is going after China’s intellectual property theft. Given your experience, can he succeed in curbing it?
The theft of intellectual property by Chinese companies is a very serious issue. It’s not just private companies in China or little companies. A large amount of it is state-owned enterprise. So, it really is the Chinese government doing it. Exactly how to solve that issue, I don’t know. You need the Chinese government to be very serious about it, but so far they haven’t been. In my experience in business, you mostly do better with negotiating in quiet diplomacy, not with brinksmanship. But I’ve never built luxury hotels and golf courses. Maybe it is different there."
Article 13: Europe's hotly debated revamp of copyright law, explained; CNet, June 22, 2018
Katie Collins, CNet; Article 13: Europe's hotly debated revamp of copyright law, explained
"The European Union is trying to pass a hotly debated law on copyright. The European Copyright Directive has been two years in the making, and on June 20, the European Parliament's legal affairs committee voted to approve the draft legislation.
The vote happened less than a month after Europe's last big piece of internet-related legislation -- the General Data Privacy Regulation (GDPR) -- kicked in.
Both the Copyright Directive and GDPR could dramatically impact and change things about the internet as we know it. But they also differ significantly, not just in scope, but also in how they're viewed and received by the world beyond Brussels."
"The European Union is trying to pass a hotly debated law on copyright. The European Copyright Directive has been two years in the making, and on June 20, the European Parliament's legal affairs committee voted to approve the draft legislation.
The vote happened less than a month after Europe's last big piece of internet-related legislation -- the General Data Privacy Regulation (GDPR) -- kicked in.
Both the Copyright Directive and GDPR could dramatically impact and change things about the internet as we know it. But they also differ significantly, not just in scope, but also in how they're viewed and received by the world beyond Brussels."
Europe Approves 'Wildly Dangerous' Copyright Rules; Forbes, June 20, 2018
Emma Woollacott, Forbes; Europe Approves 'Wildly Dangerous' Copyright Rules
The move raises the specter of a 'tax' on linking to other sites and automated censorship of material identified as violating copyright. However, despite fierce opposition, the Committee on Legal Affairs (JURI) has approved the controversial Articles 11 and 13 of the Directive of the European Parliament and of the Council on Copyright in the Digital Single Market.
Article 11, narrowly approved by 13 to 12 votes, requires any site linking to a third-party site with a snippet to adhere to an astonishing 28 separate copyright laws, or else pay for a license to provide the link...
Article 13, meanwhile, was approved by 15 votes to 10 and requires any site which allows users to post material to check it all against a database of copyrighted works, and even to pay for the privilege of accessing the database."
"The whole internet is set to be subject
to ContentID-type filtering in Europe, thanks to new copyright proposals
that have been voted through by the European Parliament.
The move raises the specter of a 'tax' on linking to other sites and automated censorship of material identified as violating copyright. However, despite fierce opposition, the Committee on Legal Affairs (JURI) has approved the controversial Articles 11 and 13 of the Directive of the European Parliament and of the Council on Copyright in the Digital Single Market.
Article 11, narrowly approved by 13 to 12 votes, requires any site linking to a third-party site with a snippet to adhere to an astonishing 28 separate copyright laws, or else pay for a license to provide the link...
Article 13, meanwhile, was approved by 15 votes to 10 and requires any site which allows users to post material to check it all against a database of copyrighted works, and even to pay for the privilege of accessing the database."
Friday, June 15, 2018
Protests greet Brussels copyright reform plan; BBC News, June 15, 2018
BBC News; Protests greet Brussels copyright reform plan
"The vote on the Copyright Directive comes before the European Parliament on 20 June.
It aims to rebalance copyright controls for the net age but critics say it is will stifle freedom of expression.
Net veterans have signed an open letter against the directive and others have made tools to aid lobbying efforts."
"The vote on the Copyright Directive comes before the European Parliament on 20 June.
It aims to rebalance copyright controls for the net age but critics say it is will stifle freedom of expression.
Net veterans have signed an open letter against the directive and others have made tools to aid lobbying efforts."
Thursday, June 14, 2018
Copyright in tattoos - a prickly legal question; Lexology, June 4, 2018
Nicole Smalberger, Adams & Adams; Lexology; Copyright in tattoos - a prickly legal question
[Kip Currier: Posted this story today for my IP and "Open" Movements course. Tattoo-related copyright issues have fast become a topic of fascination--and often, surprise--for the inked and non-inked...]
"Would it ever occur to you that a third party might be able to claim rights in your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case.
A tattoo is an artistic work. If it is original and reduced to a material form (which it very arguably is when it is inked into your skin), copyright subsists. In the case of artistic works, it is the artist or creator of the work who owns the copyright, namely the tattoo artist and not the person on whom the tattoo appears, irrespective of the fact that the latter has paid for his/her tattoo. In short, when you pay your tattoo artist, you pay for the tattoo, not the copyright subsisting in it.
This issue has come up for legal consideration in the United States..."
10 million patents: A celebration of American innovation; Director's Forum: A Blog from USPTO's Leadership, Thursday, June 14, 2018
Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Director's Forum: A Blog from USPTO's Leadership
10 million patents: A celebration of American innovation
"On June 19, the U.S. Patent and Trademark Office will issue patent number 10 million—a remarkable achievement for the United States of America and our agency. More than just a number, this patent represents one of ten million steps on a continuum of human accomplishment launched when our Founding Fathers provided for intellectual property protection in Article 1, Section 8, Clause 8 of our Constitution.
Appropriately, patent number 10 million will be the first issued with a new patent cover design, which we unveiled in March at South by Southwest in Austin, Texas. It was created by a team of USPTO graphic designers including Rick Heddleston, Theresa Verigan, and led by Jeff Isaacs."
10 million patents: A celebration of American innovation
"On June 19, the U.S. Patent and Trademark Office will issue patent number 10 million—a remarkable achievement for the United States of America and our agency. More than just a number, this patent represents one of ten million steps on a continuum of human accomplishment launched when our Founding Fathers provided for intellectual property protection in Article 1, Section 8, Clause 8 of our Constitution.
Appropriately, patent number 10 million will be the first issued with a new patent cover design, which we unveiled in March at South by Southwest in Austin, Texas. It was created by a team of USPTO graphic designers including Rick Heddleston, Theresa Verigan, and led by Jeff Isaacs."
10 Million Patents; Patents Through History, U.S. Patent and Trademark office (USPTO), 2018
Patents Through History, U.S. Patent and Trademark office (USPTO); 10 Million Patents
"The United States Patent and Trademark Office (USPTO) will issue the 10 millionth utility patent in summer 2018. This milestone of human ingenuity perhaps exceeds even the Founding Fathers’ expectations when they called for a patent system in the Constitution to “promote the Progress of Science and useful Arts.” Follow the timeline below for important moments, notable inventors, changing patent designs, and other interesting facts over more than two centuries of innovation in America."
"The United States Patent and Trademark Office (USPTO) will issue the 10 millionth utility patent in summer 2018. This milestone of human ingenuity perhaps exceeds even the Founding Fathers’ expectations when they called for a patent system in the Constitution to “promote the Progress of Science and useful Arts.” Follow the timeline below for important moments, notable inventors, changing patent designs, and other interesting facts over more than two centuries of innovation in America."
“We rely on a quilt of rights”: inside Starbucks’ trademark strategy"; World Trademark Review, June 14, 2018
World Trademark Review;
"To counter rampant infringement, the company relies on “a quilt of rights”, including trademark, patent, copyright and design rights, and will often initiate claims that include more than one type of intellectual property. However, before initiating claims, a number of factors are considered. “The team is good about checking in with each other, to ensure consistency in our approach across the globe,” Oktay explains. “We have developed a reputation as vigilant enforcers of our brand rights, but we temper our enforcement with soft approaches in most cases. Most infringement can be resolved amicably in our experience, and a soft approach helps.”
The team comprises four lawyers and eight paralegals, all of whom are based in Seattle, with the exception of one lawyer in Shanghai. “Nearly half of our global enforcement – nearly 1,200 matters – occurs in China, so having a lawyer there is necessary.” As to the characteristics of the team, Oktay is proud that the company hires bright people who are dedicated to its mission. “The paralegals, who handle an enormous volume of work, are truly outstanding at what they do. And, a sense of humour is paramount to success in this group!”"
“We rely on a quilt of rights”: inside Starbucks’ trademark strategy"
"To counter rampant infringement, the company relies on “a quilt of rights”, including trademark, patent, copyright and design rights, and will often initiate claims that include more than one type of intellectual property. However, before initiating claims, a number of factors are considered. “The team is good about checking in with each other, to ensure consistency in our approach across the globe,” Oktay explains. “We have developed a reputation as vigilant enforcers of our brand rights, but we temper our enforcement with soft approaches in most cases. Most infringement can be resolved amicably in our experience, and a soft approach helps.”
The team comprises four lawyers and eight paralegals, all of whom are based in Seattle, with the exception of one lawyer in Shanghai. “Nearly half of our global enforcement – nearly 1,200 matters – occurs in China, so having a lawyer there is necessary.” As to the characteristics of the team, Oktay is proud that the company hires bright people who are dedicated to its mission. “The paralegals, who handle an enormous volume of work, are truly outstanding at what they do. And, a sense of humour is paramount to success in this group!”"
Expert in Native American intellectual property joins ASU Law Indian Legal Program; Arizona State University, June 11, 2018
Arizona State University; Expert
in Native American intellectual property joins ASU Law Indian Legal Program
"In 2007, [Trevor Reed] moved to New York and enrolled at Columbia, beginning a decade-plus of music-inspired study that would result in three master’s degrees, a PhD and a Juris Doctor. He initially went to Columbia hoping to break into the music industry, figuring his best shot at a career in the arts would require being in either New York or Los Angeles.
“When I got there, it opened up so many new issues for me,” Reed said. “It just so happens that Columbia owns this massive archive of Native American musical recordings that I don’t know if anybody had really ever heard about. When I learned about that, it sparked an interest in wanting to return music and other types of archival collections, artifacts and other types of intellectual property back to Native American tribes.”
That led to the Hopi Music Repatriation Project, a joint project of the Hopi Tribe and Columbia University, which Reed began leading as a master’s degree student. Think Indiana Jones, the fictitious archaeologist and university professor, but the complete opposite. Instead of “Raiders of the Lost Ark,” plundering wondrous works from indigenous cultures, it was “Returners of the Lost Art.” The project focused not only on returning recordings and rights, but also working with tribal leaders, educators and activists to develop contemporary uses for the materials.
“I stayed on at Columbia well after my business degree had finished, and I joined the PhD program in ethnomusicology, which is essentially the anthropology of music,” Reed said. “And we just set to work on this project, and it carried through law school, and I was able to refine my work in copyright and cultural property. It’s been an interesting ride.”"
“When I got there, it opened up so many new issues for me,” Reed said. “It just so happens that Columbia owns this massive archive of Native American musical recordings that I don’t know if anybody had really ever heard about. When I learned about that, it sparked an interest in wanting to return music and other types of archival collections, artifacts and other types of intellectual property back to Native American tribes.”
That led to the Hopi Music Repatriation Project, a joint project of the Hopi Tribe and Columbia University, which Reed began leading as a master’s degree student. Think Indiana Jones, the fictitious archaeologist and university professor, but the complete opposite. Instead of “Raiders of the Lost Ark,” plundering wondrous works from indigenous cultures, it was “Returners of the Lost Art.” The project focused not only on returning recordings and rights, but also working with tribal leaders, educators and activists to develop contemporary uses for the materials.
“I stayed on at Columbia well after my business degree had finished, and I joined the PhD program in ethnomusicology, which is essentially the anthropology of music,” Reed said. “And we just set to work on this project, and it carried through law school, and I was able to refine my work in copyright and cultural property. It’s been an interesting ride.”"
Europe's New Copyright Rules Will Be Devastating to the Internet as We Know It; Motherboard, June 14, 2018
Karl Bode, Motherboard; Europe's New Copyright Rules Will Be Devastating to the Internet as We Know It
"The formal death of net neutrality and the AT&T-Time Warner merger have received plenty of justified attention this week for the numerous ways they will negatively impact free speech and internet competition. But activists, startups, and businesses alike warn that a new copyright proposal out of the European Union has the potential to cause even greater damage to the internet as we know it.
The EU proposal in question is an attempt to shore up existing problems with EU copyright law. But the poorly crafted nature of the effort could have a profoundly negative impact on everything from your ability to share hot memes to the survival of new startups."
Sunday, June 10, 2018
5 Common Copyright Misconceptions Held by Photographers; PetaPixel, June 6, 2018
Allen Murabayashi, PetaPixel;
5 Common Copyright Misconceptions Held by Photographers
"The most recent version of the Copyright Law of the United States (December 2016) weighs in at a whopping 354 pages. And while there are areas of ambiguity, the basics and benefits of copyright registration for photographers are well-documented. Unfortunately, well-documented doesn’t mean well-understood, so we asked attorney (and former photo rep) Leslie Burns to weigh in on a number of common copyright misconceptions that still persist, and why you should register your copyright."
Friday, June 8, 2018
Pitt Rises to 21st in Annual Global Patent Ranking; University of Pittsburgh, June 7, 2018
Kimberly K. Barlow, University of Pittsburgh; Pitt Rises to 21st in Annual Global Patent Ranking
"The University of Pittsburgh has continued its rise among the Top 100 Worldwide Universities Granted U.S. Utility Patents.
A utility patent, or patent for invention, protects the rights of the creator of a new or improved product, process or machine. Pitt innovators were granted 94 such patents in calendar year 2017 to rank No. 21 worldwide, continuing a three-year ascent in the annual rankings. Pitt ranked No. 35 in the 2015 report and No. 27 in 2016.
The rankings, compiled by the National Academy of Inventors and the Intellectual Property Owners Association, are based on United States Patent and Trademark Office data. The report, which highlights the vital role patents play in university research and innovation, ranks the top 100 universities named as the first assignee on utility patents granted by the office."
"The University of Pittsburgh has continued its rise among the Top 100 Worldwide Universities Granted U.S. Utility Patents.
A utility patent, or patent for invention, protects the rights of the creator of a new or improved product, process or machine. Pitt innovators were granted 94 such patents in calendar year 2017 to rank No. 21 worldwide, continuing a three-year ascent in the annual rankings. Pitt ranked No. 35 in the 2015 report and No. 27 in 2016.
The rankings, compiled by the National Academy of Inventors and the Intellectual Property Owners Association, are based on United States Patent and Trademark Office data. The report, which highlights the vital role patents play in university research and innovation, ranks the top 100 universities named as the first assignee on utility patents granted by the office."
BBC; Copyright law could put end to net memes, June 8, 2018
BBC; Copyright law could put end to net memes
"Digital rights groups are campaigning against the Copyright Directive, which the European Parliament will vote on later this month.
The legislation aims to protect rights-holders in the internet age.
But critics say it misunderstands the way people engage with web content and risks excessive censorship.
The Copyright Directive is an attempt to reshape copyright for the internet, in particular rebalancing the relationship between copyright holders and online platforms."
"Digital rights groups are campaigning against the Copyright Directive, which the European Parliament will vote on later this month.
The legislation aims to protect rights-holders in the internet age.
But critics say it misunderstands the way people engage with web content and risks excessive censorship.
The Copyright Directive is an attempt to reshape copyright for the internet, in particular rebalancing the relationship between copyright holders and online platforms."
Thursday, June 7, 2018
Copyright Term: When Does a Work Enter the Public Domain?; Lexology, May 24, 2018
Workman Nydegger - J. Dustin Howell, Lexology; Copyright Term: When Does a Work Enter the Public Domain?
"Years ago, there was a radio show that featured a lawyer who would take calls from listeners and answer their legal questions. A man called into the show and said he had obtained some photographs of warplanes from a museum. A cable network had contacted the man about using the photographs as part of a documentary it was making. This man was wise enough to know that the photographs may very well be protected by copyright. He wanted to know how to find out if the photographs were still protected by copyright and who owned them, because without owning the copyrights himself or having a license from the copyright owner, the man could not authorize the cable network to use the photographs. Whether a work (e.g., photograph, literature, music, sculpture, movie, etc.) is protected by copyright or whether it is in the public domain for anyone to use can depend on a variety of factors."
"Years ago, there was a radio show that featured a lawyer who would take calls from listeners and answer their legal questions. A man called into the show and said he had obtained some photographs of warplanes from a museum. A cable network had contacted the man about using the photographs as part of a documentary it was making. This man was wise enough to know that the photographs may very well be protected by copyright. He wanted to know how to find out if the photographs were still protected by copyright and who owned them, because without owning the copyrights himself or having a license from the copyright owner, the man could not authorize the cable network to use the photographs. Whether a work (e.g., photograph, literature, music, sculpture, movie, etc.) is protected by copyright or whether it is in the public domain for anyone to use can depend on a variety of factors."
Wednesday, June 6, 2018
When Scientists Develop Products From Personal Medical Data, Who Gets To Profit?; NPR, May 31, 2018
Richard Harris, NPR; When Scientists Develop Products From Personal Medical Data, Who Gets To Profit?
"If you go to the hospital for medical treatment and scientists there decide to use your medical information to create a commercial product, are you owed anything as part of the bargain?
That's one of the questions that is emerging as researchers and product developers eagerly delve into digital data such as CT scans and electronic medical records, making artificial-intelligence products that are helping doctors to manage information and even to help them diagnose disease.
This issue cropped up in 2016, when Google DeepMind decided to test an app that measures kidney health by gathering 1.6 million records from patients at the Royal Free Hospital in London. The British authorities found this broke patient privacy laws in the United Kingdom. (Update on June 1 at 9:30 a.m. ET: DeepMind says it was able to deploy its app despite the violation.)
But the rules are different in the United States."
"If you go to the hospital for medical treatment and scientists there decide to use your medical information to create a commercial product, are you owed anything as part of the bargain?
That's one of the questions that is emerging as researchers and product developers eagerly delve into digital data such as CT scans and electronic medical records, making artificial-intelligence products that are helping doctors to manage information and even to help them diagnose disease.
This issue cropped up in 2016, when Google DeepMind decided to test an app that measures kidney health by gathering 1.6 million records from patients at the Royal Free Hospital in London. The British authorities found this broke patient privacy laws in the United Kingdom. (Update on June 1 at 9:30 a.m. ET: DeepMind says it was able to deploy its app despite the violation.)
But the rules are different in the United States."
Tuesday, June 5, 2018
Data mining: why the EU’s proposed copyright measures get it wrong; The Conversation, May 24, 2018
Senior Lecturer in Intellectual Property and Internet Law, University of Glasgow,
The Conversation; Data mining: why the EU’s proposed copyright measures get it wrong
"Data that is mined with the help of machine learning techniques has been a rapid area of technological advancement – with good and bad consequences for everyone. And EU copyright law is currently caught in the crossfire.
Cambridge Analytica and Facebook’s recent data scandal, which involved the profiling of users from their online behaviour facilitated by social networks, brought important issues to the surface about web privacy, only after it was reported that millions of people had their data harvested and improperly shared with a political consultancy.
But the same data mining technique also offers great societal benefit in fields such as traffic prediction, natural language processing and the identification of potential cures for diseases.
Many people think that regulating the use of data is a matter of data protection or privacy laws. However, where the raw material subjected to analysis is not “personal data” but material protected under copyright law, such as texts or certain structured databases, another set of legal norms come into play. This has far reaching and little understood consequences."
Judge Denies Author Attempt to Trademark 'Cocky' ; Publishers Weekly, June 4, 2018
Jim Milliot, Publishers Weekly; Judge Denies Author Attempt to Trademark 'Cocky'
"Although Hopkins had obtained her trademark, the law
only allows trademarks in limited cases. The law prevents individual
titles from being trademarked, only series titles, and allows that
common words cannot be trademarked at all, unless they develop an
association in the minds of the public with a particular source...
In
denying Hopkins’ motion for an injunction, Judge Hellerstein found that
the injunction was unlikely to proceed on the merits, noting that
“cocky” is a common word and a weak trademark."
Rapunzel, Rapunzel let down your trademark restrictions; The Boston Globe, June 5, 2018
Maria Cramer, The Boston Globe; Rapunzel, Rapunzel let down your trademark restrictions
"Companies pay the Patent and Trademark Office a small fee to register for a trademark, and generally it is not unusual for trademark applications to go unchallenged, said Jennifer Rothman, a law professor at Loyola Law School in California who teaches trademark law and is not connected to the case.
“The Patent and Trademark Office doesn’t have a lot of time to review these things,” Rothman said. “If no one opposes it, they approve it.”
Some companies take advantage of the less-than-robust screening process to snap up well-known names, then file complaints against businesses that have used the names for their products to leverage payments, Rothman said."
"Companies pay the Patent and Trademark Office a small fee to register for a trademark, and generally it is not unusual for trademark applications to go unchallenged, said Jennifer Rothman, a law professor at Loyola Law School in California who teaches trademark law and is not connected to the case.
“The Patent and Trademark Office doesn’t have a lot of time to review these things,” Rothman said. “If no one opposes it, they approve it.”
Some companies take advantage of the less-than-robust screening process to snap up well-known names, then file complaints against businesses that have used the names for their products to leverage payments, Rothman said."
In Defense Of Fair Use; Intellectual Property Watch, June 4, 2018
Roy Kaufman, Managing Director, Business Development, Copyright Clearance Center (CCC), Intellectual Property Watch; In Defense Of Fair Use
"Copyright law, to be sustainable, calls for a balance. Under copyright law, creators receive exclusive rights to allow or prevent others from making copies of their works for a limited time as an incentive to create. Users receive benefits from the results of the creator’s labor, perhaps through watching, reading or listening to those results. Users may also benefit pursuant to a license to use the works in other ways. Eventually the works fall into the public domain, allowing further reuse by everyone
Recent litigation involving a graffiti artist and a purveyor of sportswear shows how sometimes a flexible mechanism for balancing the copyright entitlements of creators and users makes sense. In this case, clothier H&M used graffiti painted without authority in a public park as backdrop for an ad. The case, as reported in The New York Times, asks “Does a mural painted illegally in a public park in Williamsburg deserve the safeguards of federal copyright law?”"
"Copyright law, to be sustainable, calls for a balance. Under copyright law, creators receive exclusive rights to allow or prevent others from making copies of their works for a limited time as an incentive to create. Users receive benefits from the results of the creator’s labor, perhaps through watching, reading or listening to those results. Users may also benefit pursuant to a license to use the works in other ways. Eventually the works fall into the public domain, allowing further reuse by everyone
Recent litigation involving a graffiti artist and a purveyor of sportswear shows how sometimes a flexible mechanism for balancing the copyright entitlements of creators and users makes sense. In this case, clothier H&M used graffiti painted without authority in a public park as backdrop for an ad. The case, as reported in The New York Times, asks “Does a mural painted illegally in a public park in Williamsburg deserve the safeguards of federal copyright law?”"
Monday, June 4, 2018
Photographers Shutter at Plan to Boost Copyright Fees; Bloomberg, June 4, 2018
Anandashankar Mazumdar, Bloomberg; Photographers Shutter at Plan to Boost Copyright Fees
"A U.S. Copyright Office proposal to nearly double some fees has freelance photographers feeling exposed.
The agency wants to increase fees for a range of services. The fee for registering a single book or song, for example, would rise from $55 to $75 under the proposal. The fee for registering up to 750 images at once—something photographers often do—would jump from $55 to $100. The office will accept comments on the proposal until July 23.
The proposal is one more potential hurdle for photographers, who have grappled with rapid changes in markets and technology since the 1990s and struggle to police their copyrights in the digital age. Critics say the increase will discourage photographers from registering their copyrights, which runs counter to public interest."
"A U.S. Copyright Office proposal to nearly double some fees has freelance photographers feeling exposed.
The agency wants to increase fees for a range of services. The fee for registering a single book or song, for example, would rise from $55 to $75 under the proposal. The fee for registering up to 750 images at once—something photographers often do—would jump from $55 to $100. The office will accept comments on the proposal until July 23.
The proposal is one more potential hurdle for photographers, who have grappled with rapid changes in markets and technology since the 1990s and struggle to police their copyrights in the digital age. Critics say the increase will discourage photographers from registering their copyrights, which runs counter to public interest."
Thursday, May 31, 2018
NAFTA negotiators must protect U.S. intellectual property; Dallas News, May 30, 2018
Tom Giovanetti, Dallas News; NAFTA negotiators must protect U.S. intellectual property
"When the North American Free Trade Agreement came into effect, the U.S. economy was already more dependent on innovation than upon traditional manufacturing. And in the 30 years since, that trend has only continued. Today, the U.S. is a creators' economy; we patent new inventions, copyright new creative works, and trademark strong new brands.
These industries, identified as the intellectual property-intensive industries by the Commerce Department, are responsible for nearly one-third of all U.S. jobs and for more than 38 percent of U.S. gross domestic product. So there's a good chance you or someone close to you works in these industries, which include software, music and book publishing, movies and entertainment, pharmaceuticals, chemicals and enzymes, patented and hybridized plants and seeds, microchip design or aircraft manufacturing.
In any given year, the intellectual property-intensive industries are responsible for around 60 percent of all U.S. exports. In other words, the majority of what the rest of the world wants from the U.S. is our creative output."
"When the North American Free Trade Agreement came into effect, the U.S. economy was already more dependent on innovation than upon traditional manufacturing. And in the 30 years since, that trend has only continued. Today, the U.S. is a creators' economy; we patent new inventions, copyright new creative works, and trademark strong new brands.
These industries, identified as the intellectual property-intensive industries by the Commerce Department, are responsible for nearly one-third of all U.S. jobs and for more than 38 percent of U.S. gross domestic product. So there's a good chance you or someone close to you works in these industries, which include software, music and book publishing, movies and entertainment, pharmaceuticals, chemicals and enzymes, patented and hybridized plants and seeds, microchip design or aircraft manufacturing.
In any given year, the intellectual property-intensive industries are responsible for around 60 percent of all U.S. exports. In other words, the majority of what the rest of the world wants from the U.S. is our creative output."
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