Corynne McSherry, Electronic Frontier Foundation (EFF); The Public Domain Is the Rule, Copyright Is the Exception
"Most of our culture, knowledge, and history isn’t "owned" by anyone at
all—it is available for all to use in the vibrant and ever-expanding public domain. This domain is populated by formerly copyrighted material and material that was never copyrightable in the first place."
Tuesday, February 11, 2020
The Murkiness Of The Public Domain; Mondaq, January 7, 2020
Brian G. Murphy, Mondaq; The Murkiness Of The Public Domain
"The Center for the Study of the Public Domain at Duke Law School has posted a list of some of the now public-domain works from 1924 - the year in which Grover Cleveland was president, J. Edgar Hoover became head of the FBI, and Truman Capote was born. (Caveat: I haven't myself verified this list.)...
For a different type of list, check out Slate's list of the worst books and films from 1924 (according to critics writing in 1924).
However, before you go crazy ripping and mixing songs, books, art and films from 1924, you should keep in mind the following..."
"The Center for the Study of the Public Domain at Duke Law School has posted a list of some of the now public-domain works from 1924 - the year in which Grover Cleveland was president, J. Edgar Hoover became head of the FBI, and Truman Capote was born. (Caveat: I haven't myself verified this list.)...
For a different type of list, check out Slate's list of the worst books and films from 1924 (according to critics writing in 1924).
However, before you go crazy ripping and mixing songs, books, art and films from 1924, you should keep in mind the following..."
Acting U.S. Copyright Register Maria Strong: All Eyes on Modernization; IP Watchdog, February 10, 2020
Michelle Sara King, IP Watchdog; Acting U.S. Copyright Register Maria Strong: All Eyes on Modernization
"With IP champions in Congress turning their attention away from patent reform and toward copyright this year, IPWatchdog took the opportunity to interview Acting U.S. Register of Copyrights Maria Strong shortly after she assumed her new role."
"With IP champions in Congress turning their attention away from patent reform and toward copyright this year, IPWatchdog took the opportunity to interview Acting U.S. Register of Copyrights Maria Strong shortly after she assumed her new role."
Film and music festival celebrates student creatives and public domain; The Daily Universe, February 6, 2020
Whitney Bigelow, The Daily Universe; Film and music festival celebrates student creatives and public domain
"Student filmmakers and musicians walked away from Wednesday night’s Public Domain Film and Music Festival with over $3000 in cash prizes.
The festival was put on by the BYU Copyright Licensing Office. Students had 48 hours to create a film based on one of ten pieces of literature from 1924 that entered the public domain at the start of this year. Entries in the music category were given audio recordings from that same year to incorporate into their compositions.
The winner of the evening’s prestigious Best Picture award and $1,000 was a group of students called RHEEL Productions, including Heather Moser, Avery Marshall, Laura Marshall and Emma Spears. Their entry was a dramatic short film entitled “What’ll I Do,” based on the 1924 novel “Some Do Not” by Ford Madox Ford."
"Student filmmakers and musicians walked away from Wednesday night’s Public Domain Film and Music Festival with over $3000 in cash prizes.
The festival was put on by the BYU Copyright Licensing Office. Students had 48 hours to create a film based on one of ten pieces of literature from 1924 that entered the public domain at the start of this year. Entries in the music category were given audio recordings from that same year to incorporate into their compositions.
The winner of the evening’s prestigious Best Picture award and $1,000 was a group of students called RHEEL Productions, including Heather Moser, Avery Marshall, Laura Marshall and Emma Spears. Their entry was a dramatic short film entitled “What’ll I Do,” based on the 1924 novel “Some Do Not” by Ford Madox Ford."
David Gooder appointed USPTO Commissioner for Trademarks; United States Patent and Trademark Office (USPTO), February 5, 2020
Press Release, United States Patent and Trademark Office (USPTO); David Gooder appointed USPTO Commissioner for Trademarks
"The United States Patent and Trademark Office (USPTO) announced today that U.S. Secretary of Commerce Wilbur Ross has appointed David Gooder to be the new Commissioner for Trademarks. As Commissioner, Gooder will be responsible for oversight of all aspects of the USPTO’s Trademarks organization.
Gooder has worked for more than 25 years on intellectual property (IP) and brand protection challenges facing iconic global brands. Gooder will begin his new role on March 2, 2020."
"The United States Patent and Trademark Office (USPTO) announced today that U.S. Secretary of Commerce Wilbur Ross has appointed David Gooder to be the new Commissioner for Trademarks. As Commissioner, Gooder will be responsible for oversight of all aspects of the USPTO’s Trademarks organization.
Gooder has worked for more than 25 years on intellectual property (IP) and brand protection challenges facing iconic global brands. Gooder will begin his new role on March 2, 2020."
Sunday, February 9, 2020
Five Royal Trademark Lessons from the Duke and Duchess of Sussex; IP Watchdog, February 8, 2020
William Honaker, IP Watchdog; Five Royal Trademark Lessons from the Duke and Duchess of Sussex
"This trademark filing provides the opportunity for many lessons to be learned.
"This trademark filing provides the opportunity for many lessons to be learned.
The lessons:
- You can keep an eye open (snoop) on your competition.
- You should do a search to clear your trademark.
- You should file before you announce your plans.
- You should file in countries where you intend to use the trademark.
- You should take advantage of your first filing date when filing in other countries."
How This CEO Is Streamlining The Copyright Process For Independent Artists; Forbes, January 27, 2020
Cheryl Robinson, Forbes; How This CEO Is Streamlining The Copyright Process For Independent Artists
"Jessica Sobhraj, cofounder and CEO of Cosynd, is on a mission to be the central hub that creators use to protect their work. The company designed a platform that automates copyright contracts and registrations for independent creators and businesses by working in conjunction with the U.S. Copyright Office. The company has simplified the process of documenting crucial ownership data and filing copyright registrations of all types of content – music, videos, imagery and literature."
"Jessica Sobhraj, cofounder and CEO of Cosynd, is on a mission to be the central hub that creators use to protect their work. The company designed a platform that automates copyright contracts and registrations for independent creators and businesses by working in conjunction with the U.S. Copyright Office. The company has simplified the process of documenting crucial ownership data and filing copyright registrations of all types of content – music, videos, imagery and literature."
Saturday, February 8, 2020
Montana seeks balancing act with wildlife location data, hunting ethics; Independent Record, February 6, 2020
Montana seeks balancing act with wildlife location data, hunting ethics
"While GPS collars are invaluable to researchers and wildlife managers, the data they produce are the subject of debate about who should have access to the information and why. Some hunters have requested and received the exact latitude and longitude of collared animals, and that has conservation groups and lawmakers concerned about violating the edict of fair chase hunting or the potential to monetize the data."
"While GPS collars are invaluable to researchers and wildlife managers, the data they produce are the subject of debate about who should have access to the information and why. Some hunters have requested and received the exact latitude and longitude of collared animals, and that has conservation groups and lawmakers concerned about violating the edict of fair chase hunting or the potential to monetize the data."
Putting China in charge of the world’s intellectual property is a bad idea; The Washington Post, Janaury 30, 2020
, The Washington Post; Putting China in charge of the world’s intellectual property is a bad idea
"Beijing
is lobbying hard to take over leadership of the international
organization that oversees intellectual property, which could result in
dire consequences for the future of technology and economic competition.
But the U.S.-led effort to prevent this from happening faces a steep
uphill climb.
A pub played ‘Conga’ — and now it must face the music with a copyright lawsuit; Miami Herald, February 6, 2020
Theo Karantsalis, Miami Herald; A pub played ‘Conga’ — and now it must face the music with a copyright lawsuit
"Though the lawsuit does not specify an amount in damages, Pub 52 could be on the hook for up to $150,000 per song, or up to $1,050,000 for seven songs. Penalties for copyright infringement can range from $750 per work infringed up to $150,000 in damages if it is found to be willful infringement, according to the U.S. copyright Law.
A public performance of music includes any music played outside a normal circle of friends and family, according to U.S. copyright law.
Every business or organization must receive permission from the copyright owners of the music they are playing before playing it publicly.
“When we find out that a business is performing music and operating without a music license, we see this as an opportunity to educate business owners on the music licensing process,” Thomas said.
The cost of a BMI music license can cost as
little as $378 per year of which 90 cents of every dollar collected from
licensing fees goes back to songwriters, composers, and publishers in
the form of music royalties, Thomas said."
"Though the lawsuit does not specify an amount in damages, Pub 52 could be on the hook for up to $150,000 per song, or up to $1,050,000 for seven songs. Penalties for copyright infringement can range from $750 per work infringed up to $150,000 in damages if it is found to be willful infringement, according to the U.S. copyright Law.
A public performance of music includes any music played outside a normal circle of friends and family, according to U.S. copyright law.
Every business or organization must receive permission from the copyright owners of the music they are playing before playing it publicly.
“When we find out that a business is performing music and operating without a music license, we see this as an opportunity to educate business owners on the music licensing process,” Thomas said.
Friday, February 7, 2020
Chinese scientists ask for patent on US drug to fight virus; Associated Press, February 6, 2020
Joe McDonald and Linda A. Johnson, Associated Press; Chinese scientists ask for patent on US drug to fight virus
"China has the right
under World Trade Organization rules to declare an emergency and compel a
company to license a patent to protect the public. It would be required
to pay a license fee that is deemed fair market value.
The
government might be able to avoid that fee if the patent were granted
to the Wuhan institute, part of the elite Chinese Academy of Sciences.
The
institute said it applied for a “use patent” that specifies the Wuhan
virus as the drug’s target. Gilead’s patent application, filed before
the virus was identified, cites only the overall family of
coronaviruses."
Disney CEO apologizes after elementary school is fined for Lion King showing; The Verge, February 6, 2020
, The Verge; Disney CEO apologizes after elementary school is fined for Lion King showing
"Movie Licensing USA, a licensing firm that works with
Disney and a number of other companies, sent an email to Emerson
Elementary, letting it know the firm was alerted to the PTA’s screening,
and the school was facing a $250 fine as a result for showing a movie
for which it didn’t have the licensing rights. The email, which was
obtained by CNN, noted that “any time a movie is shown outside of the
home, legal permission is needed to show it, as it is considered a
Public Performance.”...
There are a number of unanswered questions. How did Movie
Licensing USA even find out about the event? Who alerted the company to
a small fundraising event, which led the firm to take action? Disney is
notorious for its copyright takedown strategy, but it’s usually over
parts of its movies ending up on YouTube or other hosting sites or merchandise using characters from its properties — not a fundraising event where a movie purchased by a local father was shown.
At least Iger is trying to rectify the situation. But it doesn’t answer any of the questions listed above. The Verge has reached out to Disney and Movie Licensing USA for more information."
Copyright Pros Don’t Know What to Do About Authorless AI Paintings; Broadband Breakfast, February 5, 2020
, Broadband Breakfast; Copyright Pros Don’t Know What to Do About Authorless AI Paintings
"Intellectual property experts on Wednesday puzzled over questions of originality and attribution at a conference hosted at the Library of Congress on “Copyright in the Age of Artificial Intelligence.”...
Rob Kasunic, associate register of copyrights at the U.S. Copyright Office of the Library of Congress, tried to provide answers to the questions of authorship brought up by [Ahmed] Elgammal [a computer scientist from Rutgers University].
In doing so, he raised more questions: Does Congress have the constitutional authority to give copyright incentives for AI computer programs? Should congress do that? Is copyright law even the correct vehicle for AI output protection?
Precedent provides limited guidance to these questions, he said."
"Intellectual property experts on Wednesday puzzled over questions of originality and attribution at a conference hosted at the Library of Congress on “Copyright in the Age of Artificial Intelligence.”...
Rob Kasunic, associate register of copyrights at the U.S. Copyright Office of the Library of Congress, tried to provide answers to the questions of authorship brought up by [Ahmed] Elgammal [a computer scientist from Rutgers University].
In doing so, he raised more questions: Does Congress have the constitutional authority to give copyright incentives for AI computer programs? Should congress do that? Is copyright law even the correct vehicle for AI output protection?
Precedent provides limited guidance to these questions, he said."
Monday, February 3, 2020
BYU students compete to make new art out of old — and now copyright-free — works; The Salt Lake Tribune, February 2, 2020
Sean P. Means, The Salt Lake Tribune; BYU students compete to make new art out of old — and now copyright-free — works
"The entries in BYU’s second annual Public Domain Film and Music Festival will screen Wednesday, Feb. 5, at 7 p.m., at the Varsity Theater on the BYU campus. Admission is free.
The contest covers both film and music based on works whose copyright protection has lapsed. Musicians have a week to compose something based on public-domain music, and film crews of five or fewer have 48 hours to make a short film based on a public-domain book.
"The entries in BYU’s second annual Public Domain Film and Music Festival will screen Wednesday, Feb. 5, at 7 p.m., at the Varsity Theater on the BYU campus. Admission is free.
The contest covers both film and music based on works whose copyright protection has lapsed. Musicians have a week to compose something based on public-domain music, and film crews of five or fewer have 48 hours to make a short film based on a public-domain book.
The contest is run by BYU’s Copyright Licensing Office,
which secures licenses for copyrighted educational materials to be used
by the university’s instructors, said Kenny Baldwin, the office’s
director of operations.
The contest is a way to educate students about how copyright works, Baldwin said, and “inspire the community to embrace their own right as creators of creative content.”"
The contest is a way to educate students about how copyright works, Baldwin said, and “inspire the community to embrace their own right as creators of creative content.”"
Friday, January 31, 2020
Users Lament PAIR Changes During USPTO Forum; IP Watchdog, January 30, 2020
Eileen McDermott, IP Watchdog; Users Lament PAIR Changes During USPTO Forum
"Jamie Holcombe, Chief Information Officer at the U.S. Patent and Trademark Office (USPTO), seemed surprised to learn on Wednesday that both the Public and Private versions of the USPTO’s Patent Application Information Retrieval (PAIR) System have serious issues that are making workflows untenable for users.
Holcombe was participating in a public Forum on the PAIR system, where USPTO staff listened to stakeholders’ experiences since the Office implemented major security changes to the system on November 15, 2019. “The USPTO disabled the ability to look up public cases outside of a customer number using Private PAIR,” explained Shawn Lillemo, Software Product Manager at Harrity LLP, who attended the Forum. “Most patent professionals prior to the change could retrieve all the PAIR information they needed from Private PAIR. That is no longer true.”"
"Jamie Holcombe, Chief Information Officer at the U.S. Patent and Trademark Office (USPTO), seemed surprised to learn on Wednesday that both the Public and Private versions of the USPTO’s Patent Application Information Retrieval (PAIR) System have serious issues that are making workflows untenable for users.
Holcombe was participating in a public Forum on the PAIR system, where USPTO staff listened to stakeholders’ experiences since the Office implemented major security changes to the system on November 15, 2019. “The USPTO disabled the ability to look up public cases outside of a customer number using Private PAIR,” explained Shawn Lillemo, Software Product Manager at Harrity LLP, who attended the Forum. “Most patent professionals prior to the change could retrieve all the PAIR information they needed from Private PAIR. That is no longer true.”"
Thursday, January 30, 2020
Pitt researcher’s work featured by U.S. Patent & Trademark Office; Trib Live, November 12, 2019
Patrick Varine, Trib Live; Pitt researcher’s work featured by U.S. Patent & Trademark Office
"Rory Cooper, who was recognized earlier this year by the office with a trading card created to honor U.S. inventors, holds more than two dozen patents related to mobility-improvement research. Cooper is the director at Pitt’s Human Energy Research Laboratories, a U.S. Army veteran and also serves as director of the Paralyzed Veterans of America Research Foundation...
Cooper was recognized in the patent office’s SUCCESS report, an update on progress achieved through the 2018 Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act. The act aims to promote patent applications by women, minorities, veterans, the disabled and other underrepresented classes.
“Without diversity of thought, potentially life changing work for wheel chair users and others with disabilities might not be possible,” Cooper said. “We have a world-class team at our labs that is committed to helping people with disabilities and older adults live full lives and contribute to society as much as they can and they like.”"
"Rory Cooper, who was recognized earlier this year by the office with a trading card created to honor U.S. inventors, holds more than two dozen patents related to mobility-improvement research. Cooper is the director at Pitt’s Human Energy Research Laboratories, a U.S. Army veteran and also serves as director of the Paralyzed Veterans of America Research Foundation...
Cooper was recognized in the patent office’s SUCCESS report, an update on progress achieved through the 2018 Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act. The act aims to promote patent applications by women, minorities, veterans, the disabled and other underrepresented classes.
“Without diversity of thought, potentially life changing work for wheel chair users and others with disabilities might not be possible,” Cooper said. “We have a world-class team at our labs that is committed to helping people with disabilities and older adults live full lives and contribute to society as much as they can and they like.”"
Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018; U.S. Patent and Trademark Office, October 2019
U.S. Patent and Trademark Office, October 2019; Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018.
"America’s long-standing economic prosperity and global technological leadership depend on a strong and vibrant innovation ecosystem. To maximize the nation’s potential, it is critically important that all Americans have the opportunity to innovate, seek patent protection for their inventions, start new companies, succeed in established companies, and achieve the American dream.
The Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018 directed the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), in consultation with the administrator of the Small Business Administration, to prepare a report that:
"America’s long-standing economic prosperity and global technological leadership depend on a strong and vibrant innovation ecosystem. To maximize the nation’s potential, it is critically important that all Americans have the opportunity to innovate, seek patent protection for their inventions, start new companies, succeed in established companies, and achieve the American dream.
The Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018 directed the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), in consultation with the administrator of the Small Business Administration, to prepare a report that:
- Identifies publicly available data on the number of patents annually applied for and obtained by women, minorities, and veterans
- Identifies publicly available data on the benefits of increasing the number of patents applied for and obtained by women, minorities, and veterans and the small businesses owned by them
- Provides legislative recommendations for how to promote the participation of women, minorities, and veterans in entrepreneurship activities and increase the number of women, minorities, and veterans who apply for and obtain patents.
Final report to Congress
The USPTO's SUCCESS Act report was transmitted to Congress on October 31, 2019. Among its major findings:- A review of literature and data sources found that there is a limited amount of publicly available information regarding the participation rates of women, minorities, and veterans in the patent system.
- The bulk of the existing literature focuses on women, with a very small number of studies focused on minorities, and only some qualitative historical information on U.S. veteran inventor-patentees.
- One of the most comprehensive studies focused on women inventor-patentees is "Progress and Potential: a profile of women inventors on U.S. patents," a report published by the USPTO in February 2019. It found that women comprised 12% of all inventors named on U.S. patents granted in 2016, up from 5% in the mid-1980s.
- Overall, there is a need for additional information to determine the participation rates of women, minorities, and veterans in the patent system.
- The report concludes with a list of six new USPTO initiatives and five legislative recommendations for increasing the participation of women, minorities, and veterans as inventor-patentees and entrepreneurs."
Rumored executive order would change landscape of UC subscription partnerships; The Daily Californian, January 30, 2020
Alexandra Casey, The Daily Californian; Rumored executive order would change landscape of UC subscription partnerships
"Prominent Nobel laureate and chief scientific officer of New England Biolabs Rich Roberts has no online access to a paper he co-authored because his institution lacks a subscription to academic journal Nature Microbiology.
Roberts is one of 21 American Nobel laureates who submitted an open letter to President Donald Trump on Monday urging him to approve a rumored plan to make federally funded research free of cost and immediately accessible after publication. UC Berkeley’s Randy Schekman, who founded eLife — an open access scientific journal — led the Nobel laureates in their letter...
“This would effectively nationalize the valuable American intellectual property that we produce and force us to give it away to the rest of the world for free,” according to the letter from the publishers. “This risks reducing exports and negating many of the intellectual property protections the Administration has negotiated with our trading partners.”
The letter added that the cost shift could place an “additional burden” on taxpayers and undermine both the marketplace and American innovation."
"Prominent Nobel laureate and chief scientific officer of New England Biolabs Rich Roberts has no online access to a paper he co-authored because his institution lacks a subscription to academic journal Nature Microbiology.
Roberts is one of 21 American Nobel laureates who submitted an open letter to President Donald Trump on Monday urging him to approve a rumored plan to make federally funded research free of cost and immediately accessible after publication. UC Berkeley’s Randy Schekman, who founded eLife — an open access scientific journal — led the Nobel laureates in their letter...
“This would effectively nationalize the valuable American intellectual property that we produce and force us to give it away to the rest of the world for free,” according to the letter from the publishers. “This risks reducing exports and negating many of the intellectual property protections the Administration has negotiated with our trading partners.”
The letter added that the cost shift could place an “additional burden” on taxpayers and undermine both the marketplace and American innovation."
Libraries will champion an open future for scholarship; Pittsburgh Post-Gazette, January 29, 2020
Keith Webster, Pittsburgh Post-Gazette;
"All of us who work in academic libraries here in Pittsburgh and around the world aspire to improve the quality of science and scholarship. It’s increasingly clear that this can best be done through the open exchange of ideas and data, which can accelerate the pace and reach of scientific discovery.
The desire of researchers and their funders to make their research freely available to all is evident. As a result, the acceptance of open access publishing and article sharing services has soared in recent years. Meanwhile, the rapidly escalating journal costs experienced by libraries over the past 25 years are agreed to be unsustainable. It is against this backdrop that Carnegie Mellon University is establishing open access agreements with top journal publishers, with a special focus on the the fields of science and computing."
Libraries will champion an open future for scholarship
Open access deals help make knowledge and education accessible to the working class
"All of us who work in academic libraries here in Pittsburgh and around the world aspire to improve the quality of science and scholarship. It’s increasingly clear that this can best be done through the open exchange of ideas and data, which can accelerate the pace and reach of scientific discovery.
The desire of researchers and their funders to make their research freely available to all is evident. As a result, the acceptance of open access publishing and article sharing services has soared in recent years. Meanwhile, the rapidly escalating journal costs experienced by libraries over the past 25 years are agreed to be unsustainable. It is against this backdrop that Carnegie Mellon University is establishing open access agreements with top journal publishers, with a special focus on the the fields of science and computing."
Inaugural copyright lecture to probe evolving landscape; Law Society Gazette Ireland, January 30, 2020
Law Society Gazette Ireland; Inaugural copyright lecture to probe evolving landscape
"The inaugural joint Irish Music Rights Organisation (IMRO) and Law Society annual copyright lecture takes place on 18 February.
The lecture will be delivered at six pm on 18 February at the Education Centre, Law Society, Blackhall Place, Dublin 7."
"The inaugural joint Irish Music Rights Organisation (IMRO) and Law Society annual copyright lecture takes place on 18 February.
The theme is ‘European copyright law, from the printing press to the digital age – a journey of constant change’.
This free lecture will be delivered by Dr Mark Hyland, the IMRO and Law Society adjunct professor of intellectual property law...The lecture will be delivered at six pm on 18 February at the Education Centre, Law Society, Blackhall Place, Dublin 7."
Wednesday, January 29, 2020
YouTube reversed my bogus copyright strike after I threatened to write this; Mashable, January 28, 2020
Matt Binder, Mashable; YouTube reversed my bogus copyright strike after I threatened to write this
"“Your case is the most extreme I’ve heard about. Congratulations,” Electronic Frontier Foundation Manager of Policy and Activism, Katharine Trendacosta, said to me in a phone conversation on the issue. “This is the first time I've heard about this happening to something that didn't contain anything. And I have heard a lot of really intense stories about what's happening on YouTube.”...
“Your case is a really extreme example of a fairly common situation in which these major companies send DMCA takedown on a very broad basis,” she explained. “YouTube is far more afraid of being sued by Warner Bros. than being sued by you, so you end up with them being much more cautious and doing things like just allowing DMCA strikes on anything.”
So, what can be done? Apparently, not much."
"“Your case is the most extreme I’ve heard about. Congratulations,” Electronic Frontier Foundation Manager of Policy and Activism, Katharine Trendacosta, said to me in a phone conversation on the issue. “This is the first time I've heard about this happening to something that didn't contain anything. And I have heard a lot of really intense stories about what's happening on YouTube.”...
“Your case is a really extreme example of a fairly common situation in which these major companies send DMCA takedown on a very broad basis,” she explained. “YouTube is far more afraid of being sued by Warner Bros. than being sued by you, so you end up with them being much more cautious and doing things like just allowing DMCA strikes on anything.”
So, what can be done? Apparently, not much."
Tuesday, January 28, 2020
2020 Intellectual Property Primer: Cases to Watch this Year; Lexology, Janaury 27, 2020
"2020 is likely to be a busy and influential year for intellectual property cases before the United States Supreme Court. The Court is expected to make a number of rulings and decisions that are likely to impact the future landscape of copyright, patent, and trademark law.
Copyright’s Fair Use Doctrine: In what is shaping up to be the main event of this year’s Supreme Court calendar—at least for intellectual property practitioners—the Court will hear oral argument in Google v. Oracle later this year. The case is the culmination of a decade’s worth of litigation involving two of world’s largest tech companies.
Oracle has accused Google of stealing copyrighted pieces of Java source code for use in Google’s Android smartphones. Google has argued that the Java software language Oracle accuses it of stealing is: (1) too functional to be protected by copyright law; and (2) is subject to copyright’s fair use doctrine.
The Supreme Court will consider both issues. The case is particularly noteworthy because the Court has never issued binding precedent related to the copyrightability of software and it has not issued a fair use decision in over twenty-five years."
U.S. Accuses Harvard Scientist of Concealing Chinese Funding; The New York Times, January 28, 2020
, The New York Times; U.S. Accuses Harvard Scientist of Concealing Chinese Funding
“Charles M. Lieber, the chair of Harvard’s department of chemistry and chemical biology, was charged on Tuesday with making false statements about money he had received from a Chinese government-run program, part of a broad-ranging F.B.I. effort to root out theft of biomedical research from American laboratories.
Dr. Lieber, a leader in the field of nanoscale electronics, was one of three Boston-area scientists accused on Tuesday of working on behalf of China. His case involves work with the Thousand Talents Program, a state-run program that seeks to draw talent educated in other countries.
American officials are investigating hundreds of cases of suspected theft of intellectual property by visiting scientists, nearly all of them Chinese nationals or of Chinese descent. Some are accused of obtaining patents in China based on work that is funded by the United States government, and others of setting up laboratories in China that secretly duplicated American research.”
“Charles M. Lieber, the chair of Harvard’s department of chemistry and chemical biology, was charged on Tuesday with making false statements about money he had received from a Chinese government-run program, part of a broad-ranging F.B.I. effort to root out theft of biomedical research from American laboratories.
Dr. Lieber, a leader in the field of nanoscale electronics, was one of three Boston-area scientists accused on Tuesday of working on behalf of China. His case involves work with the Thousand Talents Program, a state-run program that seeks to draw talent educated in other countries.
American officials are investigating hundreds of cases of suspected theft of intellectual property by visiting scientists, nearly all of them Chinese nationals or of Chinese descent. Some are accused of obtaining patents in China based on work that is funded by the United States government, and others of setting up laboratories in China that secretly duplicated American research.”
Kobe Bryant filed 'Mambacita' trademark for his daughter Gianna in December; CBS Sports, January 28, 2020
Chris Bengel
, CBS Sports; Kobe Bryant filed 'Mambacita' trademark for his daughter Gianna in December
"Kobe Bryant was proud to be a father and was even planning the future of his 13-year old daughter, Gianna, before their deaths. According to People Magazine, Bryant filed to trademark the nickname "Mambacita" for his daughter, and planned to use the nickname on athletic clothing.
The trademark was reportedly filed on Dec. 30, 2019 by Kobe Inc., which was a company that Bryant founded back in 2014. According to the United States Patent and Trademark Office, Bryant's trademark is still pending.
Of course, "Mambacita" is derived from Bryant's nickname "Black Mamba," which was used as the Lakers legened's alter ego throughout the second half of his NBA career."
"Kobe Bryant was proud to be a father and was even planning the future of his 13-year old daughter, Gianna, before their deaths. According to People Magazine, Bryant filed to trademark the nickname "Mambacita" for his daughter, and planned to use the nickname on athletic clothing.
The trademark was reportedly filed on Dec. 30, 2019 by Kobe Inc., which was a company that Bryant founded back in 2014. According to the United States Patent and Trademark Office, Bryant's trademark is still pending.
Of course, "Mambacita" is derived from Bryant's nickname "Black Mamba," which was used as the Lakers legened's alter ego throughout the second half of his NBA career."
The Decade In Trademark Litigation; Above The Law, January 28, 2020
Gaston Kroub, Above The Law;
"Considering that we are starting a new decade while continuing to face such questions as “Are We Running Out of Trademarks?,” I thought it would be a good idea to first look at what existing trademark owners did with the trademarks they had last decade. If only because that is easier to quantify for a practitioner than existential challenges to the “assumption that there exists an inexhaustible supply of unclaimed trademarks that are at least as competitively effective as those already claimed.” The latter issue is in the capable hands of Professors Beebe (who I was lucky enough to take Trademarks with in law school) and Fromer, who along with their academic colleagues have contributed mightily to our understanding of where trademark law can and may be going in the near future. But my aims for this column are more prosaic, because I think there is still a lot we can learn from looking at the decade past at a macro level, especially in as fragmented a field as trademark litigation."
The Decade In Trademark Litigation
"Considering that we are starting a new decade while continuing to face such questions as “Are We Running Out of Trademarks?,” I thought it would be a good idea to first look at what existing trademark owners did with the trademarks they had last decade. If only because that is easier to quantify for a practitioner than existential challenges to the “assumption that there exists an inexhaustible supply of unclaimed trademarks that are at least as competitively effective as those already claimed.” The latter issue is in the capable hands of Professors Beebe (who I was lucky enough to take Trademarks with in law school) and Fromer, who along with their academic colleagues have contributed mightily to our understanding of where trademark law can and may be going in the near future. But my aims for this column are more prosaic, because I think there is still a lot we can learn from looking at the decade past at a macro level, especially in as fragmented a field as trademark litigation."
Our privacy doomsday could come sooner than we think; The Washington Post, January 23, 2020
, The Washington Post; Our privacy doomsday could come sooner than we think
"The
case underscores with greater vigor than ever the need for restrictions
on facial recognition technology. But putting limits on what the police
or private businesses can do with a tool such as Clearview’s won’t stop
bad actors from breaking them. There also need to be limits on whether a
tool such as Clearview’s can exist in this country in the first place.
Top
platforms’ policies generally prohibit the sort of data-scraping
Clearview has engaged in, but it’s difficult for a company to protect information that’s on the open Web. Courts have also ruled against platforms
when they have tried to go after scrapers under existing copyright or
computer fraud law — and understandably, as too-onerous restrictions
could hurt journalists and public-interest groups.
Privacy legislation is a more promising area for action, to prevent third parties
including
Clearview from assembling databases such as these in the first
place, whether they’re filled with faces or location records or credit
scores. That will take exactly the robust federal framework Congress has
so far failed to provide, and a government that’s ready to enforce it."
Article 13: UK will not implement EU copyright law; BBC News, January 24, 2020
BBC News; Article 13: UK will not implement EU copyright law
Several companies have criticised the law, which would hold them accountable for not removing copyrighted content uploaded by users, if it is passed.
EU member states have until 7 June 2021 to implement the new reforms, but the UK will have left the EU by then.
The UK was among 19 nations that initially supported the law.
That was in its final European Council vote in April 2019."
"Universities and Science Minister
Chris Skidmore has said that the UK will not implement the EU Copyright
Directive after the country leaves the EU.
Several companies have criticised the law, which would hold them accountable for not removing copyrighted content uploaded by users, if it is passed.
EU member states have until 7 June 2021 to implement the new reforms, but the UK will have left the EU by then.
The UK was among 19 nations that initially supported the law.
That was in its final European Council vote in April 2019."
Friday, January 24, 2020
America’s Innovators Need Clear Patent Laws; Wall Street Journal, January 23, 2020
"America is the world’s leader in technological innovation, and that’s unlikely to change. But in the global economy, information and investments flow instantaneously, and America’s most important asset--intellectual property--is easily copied and counterfeited.
Making matters worse, a string of court decisions have weakened U.S. intellectual property rights."
In serving big company interests, copyright is in crisis; BoingBoing, January 22, 2020
, BoingBoing; In serving big company interests, copyright is in crisis
"One of the biggest problems with copyright in the digital era is that we expect people who aren't in the entertainment industry to understand and abide by its rules: it's no more realistic to expect a casual reader to understand and abide by a long, technical copyright license in order to enjoy a novel than it is to expect a parent to understand securities law before they pay their kid's allowance."
"One of the biggest problems with copyright in the digital era is that we expect people who aren't in the entertainment industry to understand and abide by its rules: it's no more realistic to expect a casual reader to understand and abide by a long, technical copyright license in order to enjoy a novel than it is to expect a parent to understand securities law before they pay their kid's allowance."
Thursday, January 23, 2020
Keeping digitised works in the public domain: how the copyright directive makes it a reality; Europeana Pro, January 21, 2020
Andrea Wallace, Ariadna Matas, Europeana Pro; Keeping digitised works in the public domain: how the copyright directive makes it a reality
"The principle that works in the public domain should remain in the public domain once digitised, which Europeana has defended for almost ten years, was recently incorporated into European law. In this post, we interview Andrea Wallace, Lecturer in Law at the University of Exeter, about the importance of this provision for the cultural heritage sector and her research on Article 14.
Because of this, cultural heritage institutions, picture library agencies, and other owners have been able to build business models around claiming copyright in public domain reproductions and charging the public a fee to use the images. But this has the effect of excluding the public from accessing out-of-copyright artworks, and it contradicts the rationale underlying the expiration of copyright and a work passing into the public domain. The public domain should be available for everyone to use for whatever purpose: to make new cultural goods, generate new knowledge, and so on."
"The principle that works in the public domain should remain in the public domain once digitised, which Europeana has defended for almost ten years, was recently incorporated into European law. In this post, we interview Andrea Wallace, Lecturer in Law at the University of Exeter, about the importance of this provision for the cultural heritage sector and her research on Article 14.
For several years, Europeana – through its policies, standards, and
communications – has advocated against the practice of institutions
using Creative Commons licences on digital copies or surrogates of a
work, when the original is out of copyright and they are neither the
creators nor rightsholders. Our Public Domain Charter
establishes that in order to achieve a healthy and thriving public
domain, digitising a public domain work should not take it back to being
protected and non-reusable. There is a danger of undermining the public
domain, a central principle in copyright law.
After working to raise awareness on the issue, Europeana celebrates the adoption of Article 14 of the Copyright in the Digital Single Market Directive.
This provision establishes that works of visual arts in the public
domain shall remain in the public domain once digitised, unless the
digitisation is original enough that it can attract copyright
protection. All 28 member states will have to adopt it and make it
national law (by June 2021). Andrea Wallace, together with Ellen Euler, has been researching the Article and its implications.
What issue is Article 14 trying to address?
Article
14 confronts the long-standing practice of claiming a copyright in
non-original reproductions of public domain works. To attract
protection, a work has to be sufficiently 'original' under copyright
law. For a while now, there has been a lack of binding legal authority
on whether reproductions of public domain works, like photographs of
public domain paintings, are original enough to attract their own
copyright.
Because of this, cultural heritage institutions, picture library agencies, and other owners have been able to build business models around claiming copyright in public domain reproductions and charging the public a fee to use the images. But this has the effect of excluding the public from accessing out-of-copyright artworks, and it contradicts the rationale underlying the expiration of copyright and a work passing into the public domain. The public domain should be available for everyone to use for whatever purpose: to make new cultural goods, generate new knowledge, and so on."
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