Huge Job Fair at United States Patent & Trademark Office; Zebra, February 28-29, 2020

Mary Wadland, Zebra; Huge Job Fair at United States Patent & Trademark Office, February 28-29, 2020

USPTO is hiring hundreds of new examiners in 2020

"Are you ready to protect what’s next in American ingenuity? The United States Patent & Trademark Office (USPTO) is holding a job fair and hiring 100s of engineers to examine America’s patents in 2020!

Hundreds of Open Positions

The Patent Examiner Recruitment Open House event in Alexandria, VA (DC Metro Area) is designed to attract soon-to-be graduates and professionals with backgrounds in biomedical, computer, electrical, and mechanical engineering by offering actionable information about job opportunities, salary, benefits, and how to apply to hundreds of open positions currently available in Alexandria, Virginia; San Jose, California; and Detroit. Even more positions will be opening up in the agency’s Rocky Mountain regional office in Denver later in the year...

Recruiters Will Be On Site

In addition to learning about the work of patent examination and hearing directly from those who love what they do, attendees will get a chance to speak one-on-one with recruiters who will review resumes and discuss qualifications.
The Alexandria job fair will take place at the Madison Building at the USPTO headquarters in Alexandria. Day one will take place in the Global IP Academy (GIPA) and day two in the Clara Barton Auditorium. The dates are on Friday, February 28th, and Saturday, February 29th.

Walk-ins are welcome. Register now!"

Job Posting, Copyright Librarian in Circulation Department, Naval War College, Newport, Rhode Island

Job Posting, Copyright Librarian in Circulation Department, Naval War College, Newport, Rhode Island

"Don’t miss out on this opportunity to practice librarianship in this highly desirable location:  Newport, Rhode Island. The U.S. Naval War College (NWC) Library is hiring! The NWC Library invites applications for a newly created position as Copyright Librarian in the Circulation Department. Named in honor of Rear Admiral Henry Effingham Eccles, the Library recently adopted a Learning Commons model with the completion of a new, state-of-the-art, 86,000 square foot facility that brings together under one roof the Library, Writing Center, Information Resources Department (IT), Dean of Students, Café, and Bookstore.  The Copyright Librarian serves as a knowledgeable and service-oriented licensing and copyright professional who leads the copyright program for the NWC.  This includes performing a variety of functions and processes that relate to the implementation of copyright policy, formulation of procedures, licensing negotiation, workflows, and obtaining copyright permissions for all forms of published and unpublished materials requested by all NWC faculty and staff.

This federal (GS) position is open to all qualified U.S. citizens.  See USAJOBS announcement for requirements.  Salary is competitive and commensurate with qualifications and experience; position includes a full federal benefits package.

Applications will be made online at USAJobs. USAJobs postings are typically open for only five days.  To find job openings at the Naval War College search on the keywords Naval War College or Newport Rhode Island. Individuals interested in this position can learn more about the application process by visiting USAJobs and can begin by creating their account and uploading their resume. 

The Naval War College is an Equal Opportunity, Affirmative Action Employer.

For additional information about the position please contact Lori Brostuen, Library Deputy Director at 401-841-2642 or email loribrostuen@usnwc.edu."

Steal This Intellectual Property; Reason, March 2020 Issue

Dierdre McCloskey, Reason; Steal This Intellectual Property

"I want you to steal what the lawyers self-interestedly call "intellectual property": Hoffman's book or my books or E=mc² or the Alzheimer's drug that the Food and Drug Administration is "testing" in its usual bogus and unethical fashion. I want the Chinese to steal "our" intellectual property, so that consumers worldwide get stuff cheaply. I want everybody to steal every idea, book, chemical formula, Stephen Foster lyric—all of it. Steal, steal, steal. You have my official economic permission. 

What?! A liberal (in the classical sense) wants people to steal? You bet. Here's why. An idea, after it is produced, has no opportunity cost."

U.S.-China Feud Ensnares Obscure UN Intellectual Property Agency; Bloomberg, February 16, 2020

Nick Wadhams, Bloomberg; U.S.-China Feud Ensnares Obscure UN Intellectual Property Agency

"“The race for WIPO leadership has become the moment the U.S. woke up to the fact China is eating our lunch in the multilateral system and that great-power competition will be fought out in many theaters, including UN agencies,” said Daniel Runde, the director of the Project on Prosperity and Development at the Center for Strategic and International Studies. “WIPO may seem obscure, but it’s a standard-maker and holds hundreds of billions of our trade secrets in its digital vaults.”"

Coronavirus: The global race to patent a remedy; The Mercury News, February 13, 2020

Lisa M. Krieger, The Mercury News; Coronavirus: The global race to patent a remedy

"As a lethal coronavirus triggers a humanitarian crisis in the world’s most populous nation, who owns the rights to a potential cure?

The Bay Area’s pharmaceutical powerhouse Gilead Sciences is first in line for a Chinese patent for its drug called Remdesivir, which shows promise against the broad family of coronaviruses.

But now a team of Chinese scientists say they’ve improved and targeted its use — and, in a startling move, have also filed for a patent...

“Each side wants to be the entity that came up with the treatment for coronavirus,” said Jacob Sherkow, professor of law at the Innovation Center for Law and Technology at New York Law School. “This is not a knockoff of a Louis Vuitton handbag,”...

Patent protection — and market exclusivity — is the lifeblood of drug companies such as Gilead, creating the incentive to find, test and market a medicine."

Copyright could be the next way for Congress to take on Big Tech; The Verge, February 13, 2020

Adi Robertson, The Verge; Copyright could be the next way for Congress to take on Big Tech

"By the end of the year, Tillis — who chairs the Senate’s intellectual property subcommittee — plans to draft changes to the DMCA. He and co-chair Sen. Chris Coons (D-DE) kicked off the process this week with an introductory hearing, speaking to eight legal experts and former congressional staffers. The hearing helped set the stage to re-fight some long-running battles over the balance between protecting copyrighted content and keeping the internet open — but at a time where internet companies are already facing a large-scale backlash.

The 1998 DMCA attempted to outline how copyright should work on the then-nascent internet, where you could almost freely and infinitely copy a piece of media. But it’s been widely criticized by people with very different stances on intellectual property."

WIPO Impact of Artificial Intelligence on IP Policy: Draft Issues Paper. (December 13, 2019). [Comments due by 2/14/20] 

WIPO Impact of Artificial Intelligence on IP Policy: Draft Issues Paper. (December 13, 2019). [Comments due by 2/14/20] 

WIPO and the US Copyright Office Examine Artificial Intelligence and, to Lesser Extent, Intellectual Property; Info Justice, February 11, 2020

Sean Flynn and Andres Izquierdo, Info Justice; WIPO and the US Copyright Office Examine Artificial Intelligence and, to Lesser Extent, Intellectual Property

"On February 5, 2020, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) co-sponsored a well-attended event on Copyright in the Age of Artificial Intelligence (AI). The full-day event took an in-depth look at the development and operation of artificial intelligence (“AI”). It paid substantially less attention to the full range of intellectual property issues raised by this new field. 

The single-day event featured visual artists, audiovisual producers, music composers and executives, software developers, guilds of diverse artistic interests, people developing artificial intelligence, and (mostly perhaps) copyright lawyers." 

Why Is the U.S. Surrendering the Global IP System to China?; National Review, February 12, 2020

Tom Gionvanetti, National Review; Why Is the U.S. Surrendering the Global IP System to China?

"What a coup it will be for China to gain control over the global IP system at the same time that the U.S. is pressuring China over IP theft — and what a monumental miscalculation by those President Trump has trusted to further one of his key foreign-policy goals. Talk about playing the long game vs. the short game.

The election for WIPO’s top spot is on March 7. Candidates for the directorship remain from Japan, Singapore, and Colombia, and all of these would be superior choices from the perspective of the U.S. and other nations that create the kinds of innovative products that are targets of Chinese espionage and theft. But only immediate attention from the White House can prevent WIPO from becoming dominated by China, which would pose risks to the entire global IP system, and thus to U.S. security and innovation."

The Public Domain Is the Rule, Copyright Is the Exception; Electronic Frontier Foundation (EFF), January 23, 2020

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."

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..."

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."

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."

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."

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.

The lessons:

1. You can keep an eye open (snoop) on your competition.
2. You should do a search to clear your trademark.
3. You should file before you announce your plans.
4. You should file in countries where you intend to use the trademark.
5. 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."

Montana seeks balancing act with wildlife location data, hunting ethics; Independent Record, February 6, 2020

Tom Kuglin, Independent Record; 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."

Putting China in charge of the world’s intellectual property is a bad idea; The Washington Post, Janaury 30, 2020

Josh Rogin , 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.

In March, 83 countries will vote to elect the next director general of the World Intellectual Property Organization (WIPO), a U.N.-created body founded in 1967 “to promote the protection of intellectual property throughout the world.” The Chinese candidate, Wang Binying, currently serves as one of its four deputy director-generals and is widely seen as the front-runner.

On its face, allowing China to assume leadership of the WIPO poses a clear risk to the integrity of the institution, given that the U.S. government has singled out China as the leading source of intellectual property theft in the world."

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

Read more here: https://www.miamiherald.com/news/local/community/miami-dade/south-miami/article240040773.html#storylink=cpy

"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."

Read more here: https://www.miamiherald.com/news/local/community/miami-dade/south-miami/article240040773.html#storylink=cpy

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

Julia Alexander , 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

David Jelke, 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."

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 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.”"

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.”"

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.”"

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: 

• 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."

Libraries will champion an open future for scholarship; Pittsburgh Post-Gazette, January 29, 2020

Keith Webster, Pittsburgh Post-Gazette;

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 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."

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."

2020 Intellectual Property Primer: Cases to Watch this Year; Lexology, Janaury 27, 2020

Vorys Sater Seymour and Pease LLP - Michael J. Garvin, William H. Oldach III and Aaron M. Williams, Lexology; 2020 Intellectual Property Primer: Cases to Watch this Year

"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."