U.S. Copyright Office: DMCA Is “Tilted Askew,” Recommends Remedies for Rightsholders; JDSupra, August 7, 2020

Aylin Kuzucan, Fenwick & West LLP, JDSupra; U.S. Copyright Office: DMCA Is “Tilted Askew,” Recommends Remedies for Rightsholders

"On May 21, 2020, the U.S. Copyright Office released its first full report—based on 92,000 written comments, five roundtables and decades of case law—on the Digital Millennium Copyright Act (17 U.S.C. § 512). The analysis was intended to determine whether the DMCA’s safe harbor provisions effectively balanced the needs of online service providers and rightsholders. The Copyright Office concluded that the balance is “tilted askew,” with largely ineffective copyright infringement protections for rightsholders...

Going forward, the Copyright Office plans to post a new website—copyright.gov/DMCA—with several educational and practical elements, including model takedown notices and counter-notices. In addition, the U.S. Senate Judiciary Committee’s Subcommittee on Intellectual Property plans to draft changes to the DMCA by the end of 2020. Any changes made will be critical for the copyright community to monitor closely."

CCC Salutes and Celebrates the US Copyright Office’s 150th Anniversary; Copyright Clearance Center, August 5, 2020

Copyright Clearance Center;

CCC Salutes and Celebrates the US Copyright Office’s 150th Anniversary

"CCC salutes and celebrates the historic milestone passed recently by the US Copyright Office: its 150th year of continuous operation...

In 1906, Mark Twain addressed Congress, appearing in his famous white suit for the first time, in pursuit of additional copyright protection for authors (which did not actually occur until 1976): 

“I am interested particularly and especially in the part of the bill which concerns my trade. I like that extension of copyright life to the author’s life and fifty years afterward. I think that would satisfy any reasonable author, because it would take care of his children. Let the grand-children take care of themselves. That would take care of my daughters, and after that I am not particular. I shall then have long been out of this struggle, independent of it, indifferent to it.”"
 

U.S. Copyright Office Celebrates 150 Years of Fostering American Creativity and Innovation; U.S. Chamber of Commerce, August 4, 2020

Frank Cullen, U.S. Chamber of Commerce;

U.S. Copyright Office Celebrates 150 Years of Fostering American Creativity and Innovation

"Today, the U.S. Chamber of Commerce Global Innovation Policy Center (GIPC) joins the U.S. Copyright Office in celebrating its 150th-anniversary as an essential leader in fostering American creativity and innovation.

The office was established during the wake of the Civil War when Librarian of Congress Ainsworth Spofford lobbied and convinced Congress to unify the copyright registration system in the Library of Congress."

Can Neil Young Sue Donald Trump Into Silence?; Rolling Stone, August 5, 2020

Amy X. Wang, Rolling Stone; Can Neil Young Sue Donald Trump Into Silence?

"The lawsuit is just the latest in a long line of clashes between Young and Trump — dating back to June 2015, when Trump played “Rockin’ in the Free World” after announcing his presidential run. Trump most recently played the Freedom cut at events in Tulsa, Oklahoma and Mount Rushmore, despite Young’s longstanding objection.

But does the musician have a case? “It’s absolutely a license issue,” Gary Adelman — a New York-based entertainment business attorney at Adelman Matz — tells Rolling Stone. He notes that the case will hinge on whether the artist has specifically removed those particular songs from his public performance organization’s blanket licenses: “If he has withdrawn those two particular songs from BMI’s political license program, then the Trump administration does not have a license to play them at a political rally and they have a good case that they will more likely win.”"

Sold: An 1891 Patent by Granville T. Woods, Innovative Black Engineer; Atlas Obscura, July 22, 2020

Matthew Taub, Atlas Obscura; Sold: An 1891 Patent by Granville T. Woods, Innovative Black Engineer

Woods was prolific, but was largely forgotten for many years after his death.

"Despite his striking productivity, Woods had a difficult time profiting from his inventions. Rayvon Fouché, a professor of American Studies at Purdue University who studies technology and invention, says it’s a common misunderstanding that patents lead to wealth. More often, competition with other inventors—or a simple lack of commercial interest in the product—prevents innovators from seeing major returns, says Fouché, who is also the author of Black Inventors in the Age of Segregation: Granville T. Woods, Lewis H. Latimer, and Shelby J. Davidson."

Internet Archives Fires Back in Lawsuit Over Covid-19 Emergency Library; Vice, July 29, 2020

Matthew Gault, Vice; Internet Archives Fires Back in Lawsuit Over Covid-19 Emergency Library

"In a brief filed in a New York district court on Tuesday night, the Internet Archive fired back in response to a lawsuit brought against it by five of the world’s largest publishers. The lawsuit seeks to shut down an online National Emergency Library started by the Internet Archive during the Covid-19 pandemic and levy millions of dollars in fines against the organization."

Internet Archive to Publishers: Drop ‘Needless’ Copyright Lawsuit and Work with Us; Publishers Weekly, July 23, 2020

Andrew Albanese, Publishers Weekly; Internet Archive to Publishers: Drop ‘Needless’ Copyright Lawsuit and Work with Us

"During a 30-minute Zoom press conference on July 22, Internet Archive founder Brewster Kahle urged the four major publishers suing over the organization’s book scanning efforts to consider settling the dispute in the boardroom rather than the courtroom.

“Librarians, publishers, authors, all of us should be working together during this pandemic to help teachers, parents, and especially students,” Kahle implored. “I call on the executives of Hachette, HarperCollins, Wiley, and Penguin Random House to come together with us to help solve the challenging problems of access to knowledge during this pandemic, and to please drop this needless lawsuit.”

Kahle’s remarks came as part of a panel, which featured a range of speakers explaining and defending the practice of Controlled Digital Lending (CDL), the legal theory under which the Internet Archive has scanned and is making available for borrowing a library of some 1.4 million mostly 20th century books."

Attorney Gregory S. DeSantis Breaks Down Copyright Law—and Just What Constitutes 'Fair Use'; Playbill, July 21, 2020

Gregory S. DeSantis, Playbill; Attorney Gregory S. DeSantis Breaks Down Copyright Law—and Just What Constitutes 'Fair Use'

"With theaters of all sizes closed, performing artists find themselves at home with an uptick in weekly screen time. Entrepreneurial-minded performers are attempting to benefit from this trend by producing more digital content than before. As a result, a lot of exciting streaming content has emerged during the COVID-19 pandemic from Star Wars-themed ballet classes to at-home musicals. However, anyone using another copyright- or trademark-protected work risks receiving cease and desist letters, monetary fines and potentially imprisonment when incorporating protected content into their online brand."

Reforming Digital Lending Libraries and the End of the Internet Archive; Jurist, July 20, 2020

Binit Agrawal, Jurist; Reforming Digital Lending Libraries and the End of the Internet Archive

"The lack of certainty relating to the legality of CDL as fair use is hampering its growth by creating a chilling effect. Libraries are under the fear of costly litigations. IA itself is under the risk of bankruptcy, as the publishers are not inclined to take back their suit, even after IA stopped ELP. This is the very problem section 108 intended to resolve. Hence, it is pertinent that the section is amended to meet the needs of the digital age and provide certainty in this regard. Some countries have already moved in this direction. While Canada has permitted a limited right to provide digitized copies to patrons of other libraries, the EU has been considering proposals to allow digitization of cultural heritage institutions, including libraries."

Open-access Plan S to allow publishing in any journal; Nature, July 16, 2020

Richard Van Noorden, Nature; Open-access Plan S to allow publishing in any journal

Funders will override policies of subscription journals that don’t let scientists share accepted manuscripts under open licence.

"Funding agencies behind the radical open-access (OA) initiative Plan S have announced a policy that could make it possible for researchers to bypass journals’ restrictions on open publishing. The change could allow scientists affected by Plan S to publish in any journal they want — even in subscription titles, such as Science, that haven’t yet agreed to comply with the scheme.

Plan S, which kicks in from 2021, aims to make scientific and scholarly works free to read and reproduce as soon as they are published. Research funders that have signed up to it include the World Health Organization, Wellcome in London, the Bill & Melinda Gates Foundation in Seattle, Washington, and 17 national funders, mostly in Europe. The European Commission also says it will follow the plan.

Under the initiative, scientists funded by Plan S agencies must publish their work OA. If a journal doesn’t allow that, researchers can instead post an accepted version of their article — an author accepted manuscript, or AAM — in an online repository as soon as their paper appears. This kind of author-initiated sharing is sometimes called green open access. Under Plan S, it comes with a key condition that has so far been anathema to many subscription journals: the AAM must be shared under a liberal ‘CC-BY’ publishing licence that would allow others to republish and translate the work."

Twitter disables video retweeted by Donald Trump over copyright complaint; The Guardian, July 19, 2020

Reuters via The Guardian; Twitter disables video retweeted by Donald Trump over copyright complaint

"Twitter has disabled a campaign-style video retweeted by Donald Trump, citing a copyright complaint.

The video, which included music from the group Linkin Park, disappeared from the president’s Twitter feed late Saturday with the notification: “This media has been disabled in response to a report by the copyright owner.”

Twitter removed the video, which Trump had retweeted from the White House social media director, Dan Scavino, after it received a Digital Millennium Copyright Act notice from Machine Shop Entertainment, according to a notice posted on the Lumen Database which collects requests for removal of online materials."

Russia Is Trying to Steal Virus Vaccine Data, Western Nations Say; The New York Times, July 16, 2020

Julian E. Barnes, The New York Times; Russia Is Trying to Steal Virus Vaccine Data, Western Nations Say

"Chinese government hackers have long focused on stealing intellectual property and technology. Russia has aimed much of its recent cyberespionage, like election interference, at weakening geopolitical rivals and strengthening its hand.

“China is more well known for theft through hacking than Russia, which is of course better now for using hacks for disruption and chaos,” said Laura Rosenberger, a former Obama administration official who now leads the Alliance for Securing Democracy. “But there’s no question that whoever gets to a vaccine first thinks they will have geopolitical advantage, and that’s something I’d expect Russia to want.”"

How to protect algorithms as intellectual property; CSO, July 13, 2020

Stacy Collett, CSO; How to protect algorithms as intellectual property

Algorithms can now be considered trade secrets or even patent-worthy. Prevent them from being stolen by taking these security steps.

"Intellectual property theft has become a top concern of global enterprises. As of February 2020, the FBI had about 1,000 investigations involving China alone for attempted theft of US-based technology spanning just about every industry. It’s not just nation-states who look to steal IP; competitors, employees and partners are often culprits, too.

Security teams routinely take steps to protect intellectual property like software, engineering designs, and marketing plans. But how do you protect IP when it's an algorithm and not a document or database? Proprietary analytics are becoming an important differentiator as companies implement digital transformation projects. Luckily, laws are changing to include algorithms among the IP that can be legally protected."

The Great Gatsby prequel set for release days after copyright expires; The Guardian, July 15, 2020

Alison Flood, The Guardian; The Great Gatsby prequel set for release days after copyright expires

"US copyright in The Great Gatsby, which is generally regarded as one of the best novels ever written, expires on 1 January 2021, meaning that the work enters the public domain and can be freely adapted for the first time. Farris Smith’s prequel, Nick, will be published four days later, on 5 January, in the US, by Little, Brown; and on 25 February in the UK by No Exit Press."

He stockpiled Washington NFL trademarks for years. Now he faces backlash online.; The Washington Post, July 15, 2020

Rick Maese, The Washington Post; He stockpiled Washington NFL trademarks for years. Now he faces backlash online.

 

"Trademark attorneys have said any registered or pending trademarked team names would be ripe for challenge. Trademark holders must be able to show that they have been using the name in a legitimate commercial manner. While McCaulay has sold merchandise featuring some of his team names online, he acknowledged in a tweet that his trademarks would be “worthless to me because selling 10 shirts in 6 years is a weak defense.”

 

“This is an expensive hobby for him,” Heitner said. “He’s not intending to be a troll. He’s not intending to cause harm to the organization. And to the extent the organization wants to utilize any of the names he’s applied for, he wants to open the door to those communications.”"

Arthur Conan Doyle’s estate sues Netflix for giving Sherlock Holmes too many feelings; The Verge, June 25, 2020

Adi Robertson, The Verge; Arthur Conan Doyle’s estate sues Netflix for giving Sherlock Holmes too many feelings

"The estate of Sir Arthur Conan Doyle has sued Netflix over its upcoming film Enola Holmes,arguing that the movie’s depiction of public domain character Sherlock Holmes having emotions and respecting women violates Doyle’s copyright.

Enola Holmes is based on a series of novels by Nancy Springer starring a newly created teenage sister of the famous detective. They feature many elements from Doyle’s Sherlock Holmes stories, and most of these elements aren’t covered by copyright, thanks to a series of court rulings in the early 2010s. Details from 10 stories, however, are still owned by Doyle’s estate. The estate argues that Springer’s books — and by extension Netflix’s adaptation — draw key elements from those stories. It’s suing not only Netflix, but Springer, her publisher Penguin Random House, and the film’s production company for unspecified financial damages.

The Doyle estate made a similar argument five years ago in a lawsuit against Miramax for its film Mr. Holmes — among other things, it claimed Mr. Holmes included plot details about Holmes’ retirement, which only happens in the final stories. But its new argument is a lot more abstract: basically, if this movie wants Sherlock Holmes to express emotions, its creators need to pay up."

A Trademark Attorney Explains Why the Former Lady Antebellum Is Suing the Black Singer Lady A; Slate, July 10, 2020

Rachelle Hampton, Slate; A Trademark Attorney Explains Why the Former Lady Antebellum Is Suing the Black Singer Lady A

"Trademark rights are what the Lady A dispute centers on. As we discussed today, trademark rights arise from use of any word, phrase, logo, symbol, etc., as a source indicator in connection with the sale of specific goods or services, like Greyhound for bus services or Dasani for bottled water or Tony the Tiger for cereal or a [Nike] swoosh for athletic apparel."

Copyright Office Celebrates its 150th Anniversary with Virtual Event – August 5 at Noon; U.S. Copyright Office, July 8, 2020

U.S. Copyright Office; Copyright Office Celebrates its 150th Anniversary with Virtual Event – August 5 at Noon

"On July 8, 1870, Congress centralized the administration of copyright law in the Library of Congress. Join the U.S. Copyright Office for a virtual celebration in recognition of our 150th anniversary, and register for “Copyright Office Presents: Celebrating 150 Years of Creativity” on August 5 from noon to 1:00 p.m. eastern time.

This online event is free and open to the public; however, registration is required.

Since its establishment 150 years ago today, the Office has driven the evolution of copyright law and been a key player in copyright law revisions, from the Copyright Act of 1909 to the Copyright Act of 1976 to the Orrin G. Hatch–Bob Goodlatte Music Modernization Act and beyond. The Office also provides critical services, helping copyright owners protect their works and preserving a public record of the country’s creativity.

“Copyright Office Presents: Celebrating 150 Years of Creativity” will highlight the rich and sometimes surprising history of the Copyright Office and copyright itself, the importance of the Office’s connection with creators and users of copyright-protected works, and the role of the Office in engaging creativity through a conversation with Copyright Office experts, past and present. Presenters include:

• John Cole, Library of Congress historian and author
• Frank Evina, curator of prior Copyright Office exhibit and former senior information specialist, Copyright Office
• Heather Wiggins, supervisor in the Literary Division of the Registration Program, Copyright Office, and adjunct professor

“Copyright Office Presents: Celebrating 150 Years of Creativity” kicks off a yearlong celebration with special events and activities to mark this anniversary. To celebrate this milestone, the Copyright Office is building awareness of how copyright can "Engage Your Creativity.” For more resources and selected videos, visit our new Engage Your Creativity webpage."

Targeting intellectual theft; Pittsburgh Post-Gazette, July 11, 2020

The Editorial Board;

Targeting intellectual theft

A new bipartisan bill will help the U.S. clamp down on the theft of American innovations

"Many American innovations and technological advancements originate with the work of academics and researchers at U.S. colleges and universities. This, unfortunately, has made those university-backed research projects a target for foreign operatives seeking to steal American intellectual property in recent decades."

Democracy activists' books unavailable in Hong Kong libraries after new law; Reuters, July 5, 2020

Reuters; Democracy activists' books unavailable in Hong Kong libraries after new law

"Books by prominent Hong Kong pro-democracy figures have become unavailable in the Chinese-ruled city’s public libraries as they are being reviewed to see whether they violate a new national security law, a government department said on Sunday. 

The sweeping legislation, which came into force on Tuesday night at the same time its contents were published, punishes crimes related to secession, subversion, terrorism and collusion with foreign forces, with punishments of up to life in prison.

Hong Kong public libraries “will review whether certain books violate the stipulations of the National Security Law,” the Leisure and Cultural Services Department, which runs the libraries, said in a statement.

“While legal advice will be sought in the process of the review, the books will not be available for borrowing and reference in libraries.""

Library seeks community's help to document COVID-19 changes to daily life; University of North Georgia, May 21, 2020

Clark Leonard, University of North Georgia; Library seeks community's help to document COVID-19 changes to daily life

"Joy Bolt, dean of libraries at UNG, said part of the impetus for the project came when she and Allison Galloup, special collection and digital initiatives librarian, sought documents related to the 1918 flu pandemic.

"We were both somewhat surprised to find little in our collection on the subject," Bolt said. "This is one reason why we thought it was important for us to collect information about the experiences of our Northeast Georgia community for future scholars and researchers. It will be there when people want to look back on this time and see how things were for so many of us."

To submit your story, use the library's collection form and upload your file or email it to archives@ung.edu.

Galloup knows many people will wonder if their items are needed or worth sending. She has a simple message.

"Nothing is too mundane to share. We cannot do this without the community's help. While there may be similarities in all of our stories, each person's experience and perspective is unique," Galloup said. "We're asking you to share whatever you'd like, in whatever format you'd like. Those who would like to participate can submit videos, voice recordings, scans, photographs, or text documents.""

Do Online Storytimes Violate Copyright?; American Libraries, June 16, 2020

Tomas A. Lipinski, American Libraries; Do Online Storytimes Violate Copyright?

Lawyer-librarian fields legal questions

"Our online column Letters of the Law explores a wide range of legal issues that arise in libraries, with the help of a pair of leading authorities: Mary Minow, a librarian who became a lawyer, and Tomas A. Lipinski, a lawyer who became a librarian. Together they have authored four books on the subject, including The Library’s Legal Answer Book (ALA Editions, 2003, with a new edition forthcoming in 2021), and led forums at American Library Association (ALA) conferences in collaboration with the Public Library Association (PLA).

In this column, Lipinski explores two topics that have made headlines this year: privacy concerns around the 2020 US Census and copyright issues surrounding traditional and online programming...

What are the copyright concerns when it comes to singing or playing music, on a piano or guitar, during storytimes or other programming?"

 

American Girl Walks Back Threat to Sue 'Karen' Doll Parody Meme; Comic Book Resources, July 8, 2020

Kelvin Childs, Comic Book Resources; American Girl Walks Back Threat to Sue 'Karen' Doll Parody Meme

"American Girl has walked back its previous assertion that it would take legal action against a spoof ad for a "Karen 2020 Girl of the Year" doll.

On Twitter, the company said, "American Girl has no intention of censoring this parody meme and anything shared to the contrary was in error. We apologize for any misunderstanding.""

Copyright in Pride; Library of Congress, June 25, 2020

Holland Gormley, Library of Congress; Copyright in Pride

"June is Pride Month, and this year is the 50th anniversary of the first pride parade in New York City. What do copyright and pride have in common? Quite a bit, actually. Where would our celebrations, our heroes, and our increasing understanding of advocacy and allyship be without posters and speeches? Literature? Zines? Given that, in honor of pride, the Copyright Office is highlighting just a few of the countless LGBTQ+ writers who have helped pave the way for the celebrations today through their contributions to the copyright record."

United States: Welsh Government Not Immune from Copyright Lawsuit for Using Dylan Thomas Photos in Tourism Ads; Library of Congress Law, June 23, 2020

Library of Congress Law; United States: Welsh Government Not Immune from Copyright Lawsuit for Using Dylan Thomas Photos in Tourism Ads

"On June 8, 2020, the U.S. Court of Appeals for the Second Circuit affirmed a lower court decision that the Welsh government is not immune under the Foreign Sovereign Immunities Act (FSIA) from a private lawsuit alleging claims of copyright infringement because of the commercial-activity exception to the FSIA. (Pablo Star Ltd. v. Welsh Government, No. 19-1262, slip op. (June 8, 2020).)"

As the 'engine of free expression,' copyright law plays a vital role in enabling journalists to shine a light on injustice; The Hill, June 11, 2020

Terrica Carrington, Tom Kennedy, and Akili-Casundria Ramsess; As the 'engine of free expression,' copyright law plays a vital role in enabling journalists to shine a light on injustice

"An op-ed published in the Washington Post unjustly criticized the IP Subcommittee, as well as Don Henley and the other creators who were asked to testify on June 2, for “debating the nuances of copyright law” in the midst of this unrest. There is no doubt that last week’s DMCA hearing was far from the most significant or newsworthy thing to happen in recent weeks, but it was necessary. And while the link may seem attenuated on the surface, ensuring that copyright law is effective plays a critical role in enabling the press to report on the events unfolding all across the country, elevate the voices of marginalized communities, and hold those in power accountable."

[Video] Is the DMCA's Notice-and-Takedown System Working in the 21st Century?; June 2, 2020, Subcommittee Hearing, Committee on the Judiciary

[Video] Subcommittee Hearing, Committee on the Judiciary; Is the DMCA's Notice-and-Takedown System Working in the 21st Century?

Senators introduce Protecting American Intellectual Property Act; IT Pro, June 12, 2020

Sarah Brennan,

IT Pro

; Senators introduce Protecting American Intellectual Property Act

"U.S. Senators Chris Van Hollen (D-MD) and Ben Sasse (R-NE) proposed bipartisan legislation mandating strong economic penalties on firms and individuals involved in stealing American intellectual property. In an interview with Reuters, Van Hollen said the Protecting American Intellectual Property Act is a “direct approach” to battling China’s use of illicit methods for obtaining technological advances made in the U.S."

Data Privacy Law and Intellectual Property Considerations for Biometric-Based AI Innovations; Security, June 12, 2020

Ryan N. Phelan, Security; Data Privacy Law and Intellectual Property Considerations for Biometric-Based AI Innovations

"Artificial Intelligence (AI) innovations that use biometrics data are on the rise. While the Intellectual Property (IP) potential for such innovations is vast, issues can arise with the use of biometrics data in view of newly enacted and developing data privacy laws and regulations."

Proposals for Copyright Law and Education During the COVID-19 Pandemic; infojustice, June 9, 2020

Emily Hudson and Paul Wragg, infojustice; Proposals for Copyright Law and Education During the COVID-19 Pandemic

"Abstract: This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the CDPA, including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing, and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material."

Internet Archive ends “emergency library” early to appease publishers; Ars Technica, June 11, 2020

Timothy B. Lee, Ars Technica; Internet Archive ends “emergency library” early to appease publishers

Online library asks publishers to “call off their costly assault.”

"The Internet Archive has ended its National Emergency Library programs two weeks earlier than originally scheduled, the organization announced in a Wednesday blog post. 

"We moved up our schedule because, last Monday, four commercial publishers chose to sue Internet Archive during a global pandemic," the group wrote. The online library called on publishers to "call off their costly assault."

But that doesn't seem very likely. The Internet Archive isn't ending its online book lending program altogether. Instead, the group is returning to a "controlled digital lending" (CDL) model that it had followed for almost a decade prior to March. Under that model, the group allows only one patron to digitally "check out" a book for each physical copy the library has in stock. If more people want to read a book than are physically available, patrons are added to a waiting list until someone checks the book back in...

Experts have told Ars that the CDL concept has a better chance of winning approval from the courts than the "emergency library" idea with unlimited downloads. But the legality of CDL is far from clear. Some libraries have been practicing it for several years without legal problems. But publishers and authors' rights groups have never conceded its legality, and the issue hasn't been tested in court."

National Library of Israel to open access to 2,500 rare Islamic books; Jerusalem Post, June 8, 2020

Jerusalem Post Staff, Jerusalem Post; National Library of Israel to open access to 2,500 rare Islamic books

"The National Library of Israel, in coordination with the Arcadia Fund, has announced a major initiative to open digital access to over 2,500 rare Islamic manuscripts and books, according to a press release from library on Monday. 

With the aid of a grant from Arcadia, a charitable fund of Lisbet Rausing and Peter Baldwin, the National Library's opening of access will include the digitization and uploading of high-resolution images of books and manucripts, improving item descriptions in Arabic and English  and the development of an English-Hebrew-Arabic digital platform."

[Podcast] Trade Secrets: Protection and Defense; Fish & Richardson, March 26, 2020

[Podcast] Leeron Kalay, Seth Sproul, Katie Prescott, Fish & Richardson; Trade Secrets: Protection and Defense

"Trade secrets derive economic value primarily from being unknown by others. But to establish the existence of a protectable trade secret, companies must demonstrate that they have taken reasonable steps to maintain the secrecy of the information in question. A robust trade secret strategy can both protect a company’s trade secrets while also allowing it to defend itself from accusations of trade secret theft. Companies must consider this strategy at all times, including:

• When recruiting and hiring new employees
• When handling employee departures
• When collaborating with business partners and prospects

In this webinar, Fish attorneys Katherine Prescott, Leeron Kalay, and Seth Sproul discuss how to craft a trade secret strategy that protects your company from accusations of trade secret theft while also protecting your company’s trade secrets.

Click the link to download a copy of the webinar slides.

Presenters: Leeron Kalay, Seth Sproul, Katie Prescott"

Best Practices: How to Protect Trade Secrets From Loss Through Departing Employees; JD Supra, June 5, 2020

Fish & Richardson, JD Supra; Best Practices: How to Protect Trade Secrets From Loss Through Departing Employees

"1. Introduction

We start with the assumption that your company has already laid the foundation for IP protection, including the creation of a rock-solid trade secrets program (for more on this topic, see the Fish Trade Secrets: Protection & Defense webinar)...

What follows can help you to build an employee departure checklist to make sure valuable trade secrets aren’t lost.

2. Best Practices For Dealing With Departing Employees"

Trump's Space Force Already Lost Its First Battle; The Hollywood Reporter, June 5, 2020

Eriq Gardner, The Hollywood Reporter; Trump's Space Force Already Lost Its First Battle


"Although the United States operates on what's called a "first-to-use" trademark registration system, where priority is based on actual use in commerce rather than who gets to the U.S. Patent and Trademark Office first, many other countries operate on a "first-to-file" basis. Records show that Netflix was submitting applications for "Space Force" around the world as early as January 2019. In other words, the Department of Defense was caught sleeping."

Copyright bots and classical musicians are fighting online. The bots are winning.; The Washington Post, May 21, 2020

Michael Andor Brodeur , The Washington Post

; Copyright bots and classical musicians are fighting online. The bots are winning.

"“We built these systems around the presumption that everybody is either: A, a pirate, or B, should be a copyright expert,” Rose says.

As it stands, the relationship between classical musicians and copyright bots is a study in contradictions, as newborn technologies police music that has been with us for centuries and individual musicians battle back against the indifference of massive corporations.

But this unhealthy dynamic also presents a consequential conundrum in terms of how the arts engage with social media as they grow more and more dependent on each other."

Publishers Sue Internet Archive Over Free E-Books; The New York Times, June 1, 2020

Elizabeth A. Harris, The New York Times; Publishers Sue Internet Archive Over Free E-Books

Penguin Random House, HarperCollins, Hachette and Wiley accused the nonprofit of piracy for making over 1 million books free online.

"A group of publishers sued Internet Archive on Monday, saying that the nonprofit group’s trove of free electronic copies of books was robbing authors and publishers of revenue at a moment when it was desperately needed.

Internet Archive has made more than 1.3 million books available free online, which were scanned and available to one borrower at a time for a period of 14 days, according to the complaint. Then in March, the group said it would lift all restrictions on its book lending until the end of the public health crisis, creating what it called “a National Emergency Library to serve the nation’s displaced learners.”

But many publishers and authors have called it something different: theft.

“There is nothing innovative or transformative about making complete copies of books to which you have no rights and giving them away for free,” said Maria A. Pallante, president of the Association of American Publishers, which is helping to coordinate the industry’s response. “They’ve stepped in downstream and taken the intellectual investment of authors and the financial investment of publishers, they’re interfering and giving this away.”"

Facebook and Twitter took down a Trump campaign video over copyright concerns; Vox, June 5, 2020

Theodore Schleifer, Vox; Facebook and Twitter took down a Trump campaign video over copyright concerns

"This is not the first time Twitter has removed content posted by Trump due to copyright reasons. But notably, this takedown comes shortly after a series of much more controversial decisions by Twitter to limit the reach of Trump’s posts because they either did not pass a fact-check or, in Twitter’s opinion, glorified violence.

Facebook has made different decisions, citing its commitment to free speech, and has been willing to leave Trump’s posts up.

Complaints about copyright violations are not uncommon in the world of social media."

WIPO’s Conversation on IP and AI to Continue as a Virtual Meeting; World Intellectual Property Organization (WIPO), May 29, 2020

Press Release, World Intellectual Property Organization (WIPO); WIPO’s Conversation on IP and AI to Continue as a Virtual Meeting

"The World Intellectual Property Organization (WIPO) today published a revised issues paper on intellectual property policy and artificial intelligence (AI) as part of its ongoing consultation with stakeholders on the intersection of AI and IP policy and announced the dates of the rescheduled WIPO Conversation on Intellectual Property (IP) and Artificial Intelligence, which will take place online.

The Second Session of the WIPO Conversation on IP and AI will be held over three days from July 7 to 9, 2020 as a virtual meeting, in three daily sessions from 13:00 to 15:00 CET, to allow the broadest possible global audience to attend.

The First WIPO Conversation on AI and IP was convened by WIPO Director General Francis Gurryin September 2019 and brought together member states and other stakeholders to discuss the impact of Al on IP policy, with a view to collectively formulating relevant questions. 

Following that meeting, Mr. Gurry announced that WIPO would launch an open process to develop a list of issues concerning the impact of Al on IP policy and invited feedback on an issues paper designed to help define the most-pressing questions likely to face IP policy makers as AI increases in importance. The result of that public consultation is contained in the revised issues paper, which takes into account the more than 250 submissions received from a wide global audience on the call for comments.

The many respondents to the draft Issues Paper, including member states, academic, scientific and private organizations as well as individuals, are proof of the relevance and timeliness of and the significant engagement in the discussion on IP and AI. We look forward to continuing the Conversation in a more structured discussion in July on the basis of the revised Issues Paper.

WIPO Director General Francis Gurry""

The Copyright Lawsuit in Tiger King Is an Outrage; Slate, May 7, 2020

Joshua Lamel, Slate; The Copyright Lawsuit in Tiger King Is an Outrage

"Copyright is the perfect vehicle for SLAPP suits. First of all, copyright is a government-granted, exclusive right to speech. There is no better way to prevent someone from publicly criticizing you than to use copyright law. Copyright lawsuits are expensive and place enormous costs on defendants. Fair use has to be raised once you are sued, so defendants will likely have to spend more. The potential damages are extreme: For every violation of a copyright, you can get $150,000 in statutory damages. Additionally, copyright law has injunctive relief—you can actually stop the speech from happening.

One would think that Congress would recognize this and specifically include copyright in federal anti-SLAPP efforts. But that is not happening anytime soon. Instead, thanks to their lobbying and fundraising, copyright holders have been successful in convincing senior members of Congress in both parties to exclude copyright. These members have told federal anti-SLAPP advocates that they need to be willing to give up copyright for a chance of being successful. There is not a single good policy argument to exclude copyright. Copyright litigation abuse is exactly what anti-SLAPP legislation should be designed to prevent. This type of abuse is the reason we need a federal fix.

In my dream world, the saturation of Joe Exotic’s story will help everyday Americans understand the relevance of copyright law in our daily lives—maybe even spur federal lawmakers to introduce and pass anti-SLAPP law without a special carve-out for copyright."

Statement from Director Andrei Iancu on the loss of former USPTO Director Q. Todd Dickinson; United States Patent and Trademark Office (USPTO), May 5, 2020

United States Patent and Trademark Office (USPTO); Statement from Director Andrei Iancu on the loss of former USPTO Director Q. Todd Dickinson

"The United States Patent and Trademark Office (USPTO) mourns the loss of The Honorable Q. Todd Dickinson, former Under Secretary of Commerce for Intellectual Property and Director of the USPTO. Todd was immensely knowledgeable and influential in the intellectual property community. He was a warm person and a great friend to many.

Todd’s career spanned the IP landscape, having worked in law firms, corporations, trade groups, and government. After serving as Chief IP Counsel at Sun, Todd was appointed by President Clinton in 1998 to be Deputy Commissioner of Patents and Trademarks at the USPTO. With the passage of the American Inventors Protection Act (AIPA) in 1999, Todd became the first person to hold the modern-era title of Under Secretary of Commerce and Director of the USPTO. 

Todd was at the forefront of modernizing the USPTO to make it more user friendly. Under his leadership, the agency started accepting electronic filings and launched the now popular Patent Application Information Retrieval system (PAIR), which makes most patent filings available to the public electronically. He also was central in efforts to harmonize aspects of US and international patent law. 

As Director, he was beloved by USPTO staff and lauded by outside stakeholders. One examiner said that Todd made him proud to serve as an examiner at the USPTO, and another remembered his mantra that the USPTO is the “patent office, not the rejection office.”"

Has COVID-19 changed the face of tech ethics forever?; IDG, April 23, 2020

Pat Martlew, IDG; Has COVID-19 changed the face of tech ethics forever?

"So, are the more heavy-handed approaches worth implementing if it leads to lives being saved? Prominent technologist and tech ethics expert Anne Currie says that while she wouldn't necessarily advocate for China's approach, there is a degree to which ethical considerations must be eased if we are to save a considerable number of lives.

"Tech ethics in the good times and tech ethics in the bad times are extremely different. When you've got hundreds of thousands of lives on the line, we all do occasionally need to suspend some of our privileges. That is just the reality of the situation," she says

"Right now, we are in a battle. We're in a battle with an implacable other. We're not battling with a competitor at work and we're not battling with another country, as difficult as that may be. We are battling with a virus that doesn't care at all about us. It doesn't care about fairness, diversity, privacy, or any of the good things that we generally value. It will just kill us if we don't act and that has changed where our priorities lie, which is the right thing to happen."   

Permanent impact

While Currie says that the focal point of tech ethics up until this point has been privacy, she expects that this will shift as priorities become more about keeping people from dying, which can be facilitated by things like mass surveillance. She says this is set to have rather permanent ramifications on tech ethics in general, with discussions of privacy coming across as somewhat irrelevant as the sphere changes. Currie argues ethicists will then pivot their conversations away from keeping data private, and more towards how a society with a higher degree of surveillance and monitoring should work, keeping their eyes on events and encouraging people to question them."

Copyright lawsuit involving Newport art gallery owner settled; NewportRI.com, May 3, 2020

Laura Damon, NewportRI.com; Copyright lawsuit involving Newport art gallery owner settled
"Mia Tarducci, a Pittsburgh resident and artist, alleged in a lawsuit filed Feb. 11 in federal court that Coates infringed on her copyrighted work.

In 2016, Tarducci produced a collection of eight 48-inch-by-48-inch paintings known as “Floor Details,” according to the filing in U.S. District Court for the District of Rhode Island.

“Each of the individual works in the ‘Floor Details’ collection is the subject of a United States Copyright Registration,” the court filing says."

Open Access, Open Source, and the Battle to Defeat COVID-19; JD Supra, April 22, 2020

PerkinsCoie, JD Supra; Open Access, Open Source, and the Battle to Defeat COVID-19

"No legal development over the past decades has had a greater impact on the free flow of information and technology than the rise of the open access and open source movements. We recently looked at how AI, machine learning, blockchain, 3D printing, and other disruptive technologies are being employed in response to the coronavirus pandemic; we now turn to how two disruptive legal innovations, open access and open source, are being used to fight COVID-19. Although the pandemic is far from over, there are already promising signs that open access and open source solutions are allowing large groups of scientists, healthcare professionals, software developers, and innovators across many countries to mobilize quickly and effectively to combat and, hopefully, mitigate the impact of the coronavirus."