193 countries adopt first-ever global agreement on the Ethics of Artificial Intelligence; UN News, November 25, 2021

UN News; 193 countries adopt first-ever global agreement on the Ethics of Artificial Intelligence

"Artificial intelligence is present in everyday life, from booking flights and applying for loans to steering driverless cars. It is also used in specialized fields such as cancer screening or to help create inclusive environments for the disabled.

According to UNESCO, AI is also supporting the decision-making of governments and the private sector, as well as helping combat global problems such as climate change and world hunger.

However, the agency warns that the technology ‘is bringing unprecedented challenges’.

“We see increased gender and ethnic bias, significant threats to privacy, dignity and agency, dangers of mass surveillance, and increased use of unreliable Articificial Intellegence technologies in law enforcement, to name a few. Until now, there were no universal standards to provide an answer to these issues”, UNESCO explained in a statement.

Considering this, the adopted text aims to guide the construction of the necessary legal infrastructure to ensure the ethical development of this technology.

“The world needs rules for artificial intelligence to benefit humanity. The Recommendation on the ethics of AI is a major answer. It sets the first global normative framework while giving States the responsibility to apply it at their level. UNESCO will support its 193 Member states in its implementation and ask them to report regularly on their progress and practices”, said UNESCO chief Audrey Azoulay."

After COVID boom, ebook aggregators face licensing questions from Congress; The Verge, November 18, 2021

Makena Kelly, The Verge ; After COVID boom, ebook aggregators face licensing questions from Congress

"“Many libraries face financial and practical challenges in making e-books available to their patrons, which jeopardizes their ability to fulfill their mission,” the lawmakers wrote. “It is our understanding that these difficulties arise because e-books are typically offered under more expensive and limited licensing agreements, unlike print books that libraries can typically purchase, own, and lend on their own terms.”

In September, Wyden and Eshoo first questioned publishers over the terms they set for ebook licensing. The COVID-19 pandemic forced many public libraries to shut down in-person service, and people began using online services like Overdrive’s Libby app to borrow digital books in lieu of physical copies. “Ensuring that libraries can offer an array of resources, including e-books, is essential to promoting equity in education and access to information,” the lawmakers wrote to Penguin Random House earlier this year."

E-commerce and China: Strategies for fighting online counterfeits, Part 2; United States Patent and Trademark Office (USPTO), December 2, 2021

United States Patent and Trademark Office (USPTO); E-commerce and China: Strategies for fighting online counterfeits, Part 2

December 2, 2021 9 AM - 10:30 AM ET

"E-commerce now accounts for nearly 14% of all retail sales, and continues to grow at a healthy rate. But U.S. businesses engaged in e-commerce, especially small and medium-sized enterprises (SMEs), face a number of challenges in protecting their intellectual property (IP) on e-commerce platforms.

Register now for this free program to learn proven strategies for protecting and enforcing your IP rights when selling on e-commerce platforms.

Part 2 of the two-part series will focus on administrative and judicial mechanisms for enforcing IP rights and combatting the sale of Chinese counterfeits on e-commerce platforms in China. The program will feature presentations by senior United States Patent and Trademark Office (USPTO) IP attorneys with extensive China IP experience and experts from Mattel, Specialized Bicycles, and Amazon.

Topics to be covered include: 

• overview of administrative, civil, and criminal IP enforcement
• strategies for collaborating with e-commerce platforms
• industry perspectives and experiences
• establishing a criminal case"

Music Copyright Value Hit $32.5B in 2020, With Streaming Taking Its Biggest Slice Yet; Billboard, November 18, 2021

Glenn Peoples, Billboard; Music Copyright Value Hit $32.5B in 2020, With Streaming Taking Its Biggest Slice Yet

"Global music copyright grew $800 million to a record $32.5 billion in 2020, according to an Omdia report released Tuesday (Nov. 16) by Music & Copyright. Authored by Will Page, a former chief economist at Spotify, and Omdia analyst Simon Dyson, The Global Value of Music Copyright aggregates revenues for record labels and publishers for streaming, purchases and public performances.

For record labels, the pandemic limited annual revenue growth to $1.5 billion, bringing it to $21.1 billion. Streaming was a “stay-at-home stock,” as the report described termed it, that benefitted from consumers’ need for entertainment when public interaction was limited. Not that 2020 was without challenges. Ad-supported streaming was hit by a global pull-back in ad spending. Brick-and-mortar sales slowed, however, despite some retailers’ efforts to ease losses with curbside pick-up and mail orders. But labels fared better than their counterparts, music publishers. Music publishers were especially exposed to the pandemic’s ill effects on public performances from live venues, retail shops, fitness studios and other businesses shut down — some permanently — because of extended restrictions imposed by local governments. As a result, music publishers’ global income in 2020 fell by $700 million to $10.4 billion."

Barbara Ringer’s Legacy of Fighting for Equity at the Copyright Office: An Interview with Amanda Levendowski; Library of Congress, November 19, 2021

Steve Andreadis, Library of Congress ; Barbara Ringer’s Legacy of Fighting for Equity at the Copyright Office: An Interview with Amanda Levendowski

"Forty-eight years ago today, November 19, Barbara Ringer was appointed the Copyright Office’s first female Register of Copyrights. She spent her career fighting for equity within the Office and beyond and led the way for the four women who have since served in the role. In 1995, the Library of Congress awarded Ringer its Distinguished Service Award in recognition of her lifetime contributions to the field of copyright and the Library.

To commemorate Ringer’s legacy, I spoke with Amanda Levendowski, associate professor of law at Georgetown Law and the founding director of the Intellectual Property and Information Policy (iPIP) Clinic, about the inspiration Barbara Ringer provides to those in the field of copyright. Through articles and events, Levendowski has shined a light on a visionary leader who continues to inspire current and future intellectual property professionals."

Will the Supreme Court Finally Declare Copyright Infringement As “Theft”?; The Hollywood Reporter, November 17, 2021

Eriq Gardner, The Hollywood Reporter; Will the Supreme Court Finally Declare Copyright Infringement As “Theft”?

"For quite some time, there’s been an esoteric debate running in intellectual property circles as to whether copyright infringement is best characterized as thievery. Those arguing against the proposition generally make the point that piracy is not stealing because the owner is not deprived of using the work. Under this view, copyright infringement is more tantamount to trespass. On the other side are those who think it matters not that intellectual property is an intangible something incapable of being physically controlled. To quote President Joe Biden, “Piracy is flat, unadulterated theft, and it should be dealt with accordingly.”"

Pfizer agrees to let other companies make its COVID-19 pill; Associated Press, November 16, 2021

Maria Cheng, Associated Press ; Pfizer agrees to let other companies make its COVID-19 pill

"Drugmaker Pfizer Inc. has signed a deal with a U.N.-backed group to allow other manufacturers to make its experimental COVID-19 pill, a move that could make the treatment available to more than half of the world’s population. 

In a statement issued Tuesday, Pfizer said it would grant a license for the antiviral pill to the Geneva-based Medicines Patent Pool, which would let generic drug companies produce the pill for use in 95 countries, making up about 53% of the world’s population.""

Spider-Man trademark battle unfolds in comics as a real life copyright dispute brews in real life; gamesradar+, November 10, 2021

Chris Arrant  , gamesradar+; Spider-Man trademark battle unfolds in comics as a real life copyright dispute brews in real life

"While a legal battle is brewing over the copyright of the Marvel Comics character Spider-Man, a similar trademark battle is beginning to unfold in inside the actual comic books at Marvel."

International exchange: Promoting the inclusion of women in intellectual property; United States Patent and Trademark Office (USPTO), November 16, 2021 4 PM - 6 PM ET

United States Patent and Trademark Office (USPTO); International exchange: Promoting the inclusion of women in intellectual property

"Studies of patent data conducted by the World Intellectual Property Organization (WIPO), the United States Patent and Trademark Office (USPTO), and others have shown that women inventors are significantly underrepresented in the patent system worldwide. Despite an increased number of women entering the science, technology, engineering, and math (STEM) fields in recent years, there is still a large gap between the number of women entering these fields and men. This has led to fewer women participating in the intellectual property (IP) system overall.

Register today to hear presentations by representatives of IP offices from around the world, who will discuss these trends and explain how some countries have succeeded in increasing the participation rate of women in their IP systems. Topics will include:

• Strategies for increasing the participation of women in the IP system
• How to recruit, retain, and promote women in IP fields

You will hear from leading officials from the USPTO, IP Australia, the Canadian IP Office, the IP Office of the Philippines, the Mexican Institute of Industrial Property, the IP Office of New Zealand, the Industrial Property Protection Directorate of Jordan, and other national offices."

The NIH and Moderna Are Fighting Over Who Owns Their Vaccine; Intelligencer, November 10, 2021

Matt Stieb, Intelligencer; The NIH and Moderna Are Fighting Over Who Owns Their Vaccine

"While last year the government was calling the shot the “NIH-Moderna COVID-19 vaccine,” the biotech giant filed a patent made public this week in which it found that “only Moderna’s scientists” designed the vaccine. The patent, filed in July, is specific to the genetic sequence creating spike proteins, which allow vaccine recipients to build antibodies to block the virus when the body is actually exposed. As the New York Times reports, the NIH was surprised by the attempt at a solo effort. If the two parties cannot figure out a way to split the credit, the government will have to determine if it will take the expensive step of going to court. Already, the U.S. has paid $10 billion in taxpayer funds for Moderna to help create the vaccine, test its efficacy, and provide shots for the federal government."

Learning the Art of Civil Discourse; Ole Miss University of Mississippi News, October 22, 2021

 STAFF REPORT,  Ole Miss University of Mississippi News; Learning the Art of Civil Discourse

Students apply ethical theory for decision-making and policy

"The Department of Philosophy and Religion at the University of Mississippi is offering two events in the next few weeks exploring the ethical issues of timely topics.

Just Conversations is a fun event run by students from the Ethical Policy Debates class to explore ethical issues and think about potential solutions through low-key conversation on two hot-button issues. The event is an in-person reception from 5 to 6:30 p.m. Monday (Oct. 25) in the Bryant Hall Gallery. Register by 5 p.m. Friday (Oct. 22) at https://forms.gle/xCS1QNTpZvnvtxQv9.

The second event, The Great Debate of 2021, poses the question “Should patents be waived on COVID-19 vaccines to increase global vaccination rates?” The virtual event on Nov. 11 features presentation of a debate followed by a Q&A between the teams, expert panelists and the audience. All are welcome to attend virtually, especially members of the campus community.

“The Dialogue and Deliberation Initiative events, both Just Conversations and The Great Debate of 2021, bring people together to discuss ethical problems that involve multiple perspectives, competing interests and complex empirical issues in a civil format for productive outcomes,” said Deborah Mower, a UM associate professor of philosophy and the Mr. and Mrs. Alfred Hume Bryant Associate Professor of Ethics.

“We will be focusing on three topics from the slate of fall 2021 Regional Ethics Bowl cases.”

Ole Miss students are conducting research to prepare for discussions about rock climbing on federally protected indigenous cultural sites, the Disney company image and COVID-19 vaccine patents.

“There is no better educational model than the Ethics Bowl for teaching students how to apply ethical theory for decision-making and policy while at the same time fostering skills crucial for civil dialogue,” Mower said."

Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going?; Co-Sponsored by the United States Copyright Office and the United States Patent and Trademark Office, Tuesday, October 26, 2021 10 AM - 3 PM EDT

Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going?

Co-Sponsored by the United States Copyright Office and the United States Patent and Trademark Office

"The U.S. Copyright Office and the U.S. Patent and Trademark Office are hosting an October 26, 2021, conference that will explore machine learning in practice, how existing copyright laws apply to the training of artificial intelligence, and what the future may hold in this fast-moving policy space. The event will comprise three one-hour sessions, with a lunch break, and is expected to run from 10:00 a.m. to 2:30 p.m. eastern time. 

Due to the state of the COVID-19 pandemic, the on-site portion of the program initially scheduled to take place at the Library of Congress's Montpelier Room has been canceled. All sessions will still take place online as planned. Participants must register to attend this free, public event.

Download the agenda here."

Difference between copyright and trademark; WYTV, October 15, 2021

 WYTV Staff; Difference between copyright and trademark

"LucasFilm trademarked the sound of human breathing through a scuba tank regulator better known as Darth Vader’s breathing, also the sound of the lightsaber, it’s actually microphone feedback.

In the TV show “Law and Order,” it’s the beginning three notes you hear the theme music. Composer Mike Post wrote that along with the show’s theme song. It’s not a sound effect, it’s actually a piece of music that gets a royalty for Post and Universal holds the trademark.

Edgar Rice Burroughs, Inc. protects what Burroughs wrote and it holds the trademark for his hero’s yell that Johnny Weissmuller made it famous.

Pillsbury owns the rights to the Pillsbury Doughboy giggle."

‘Star Trek,’ Dr. Seuss Mashup Dispute Ends After 5-Year Legal Journey; The Hollywood Reporter, October 5, 2021

Eriq Gardner, The Hollywood Reporter ; ‘Star Trek,’ Dr. Seuss Mashup Dispute Ends After 5-Year Legal Journey

"On Tuesday, that final frontier known as intellectual property was charted when, after five long years in court, a legally adventurous dispute over a Star Trek-Dr. Seuss mashup concluded in a settlement. As a result of a deal, the crowdfunded “Oh, the Places You’ll Boldly Go!” will be going away."

Hey, those are our Kisses! Hershey Co. files trademark lawsuit against cookie maker; Penn Live, September 29, 2021

  Matt Miller | mmiller@pennlive.com, Penn Live; Hey, those are our Kisses! Hershey Co. files trademark lawsuit against cookie maker

"The Hershey Company is known for ferociously defending its trademarks, especially its iconic Kisses logo.

It just launched another trademark infringement lawsuit in U.S. Middle District Court targeting a California firm it accuses of misappropriating the visage of its familiar and somewhat conical Kisses.

The defendant in the case is The Cookie Department Inc. Hershey claims that bakery is using Kisses-like images to promote products that Hershey contends are just not as sweet as its own."

Marvel Reveals Who Really Owns Iron Man and Mr Fantastic’s First Inventions; Comic Book Resources, October 10, 2021

Amer Sawan, Comic Book Resources; Marvel Reveals Who Really Owns Iron Man and Mr Fantastic’s First Inventions

"WARNING: The following article contains spoilers for Deadpool Infinity Comic #1, now available on Marvel Unlimited.

Deadpool's attempt to sneak into a auction for most of the Marvel Universe's villains was prompted by an information leak from the true owners of Iron Man and Mister Fantastic's patents. In the event of their deaths that is. Which has already happened. Quite a few times in fact, so the actual legal rights are a bit up in the air. 

But the question of who owns the intellectual property isn't as important as the question of who Tony Stark and Reed Richards settled upon as the best candidate to look after their life's work. The two geniuses thought it over long and hard and selected Damage Control to be their beneficiary, as revealed in Deadpool Infinity Comic #1, by Gerry Duggan, Lucas Werneck, Geoffo, Rachelle Rosenberg and Joe Sabino."

Peter Parker Losing his Trademark in Amazing Spider-Man #75 (Spoilers); Bleeding Cool, October 6, 2021

Rich Johnston, Bleeding Cool ; Peter Parker Losing his Trademark in Amazing Spider-Man #75 (Spoilers)

"And the Beyond Corporation has the trademark to Spider-Man. Could Peter Parker be in breach of himself right now?"

Marie Wilcox, Who Saved Her Native Language From Extinction, Dies at 87; The New York Times, October 6, 2021

Katharine Q. Seelye , The New York Times; Marie Wilcox, Who Saved Her Native Language From Extinction, Dies at 87

"For many years, Marie Wilcox was the guardian of the Wukchumni language, one of several Indigenous languages that were once common in Central California but have either disappeared or nearly disappeared. She was the only person for a time who could speak it fluently...

After 20 years of labor, of hunting and pecking on her keyboard, Ms. Wilcox, who died at 87 on Sept. 25, produced a dictionary, the first known complete compendium of Wukchumni...

The dictionary was copyrighted in 2019 but has yet to be published; Ms. Wilcox also recorded the words so that others would know the correct pronunciation."

AI-ethics pioneer Margaret Mitchell on her five-year plan at open-source AI startup Hugging Face; Emerging Tech Brew, October 4, 2021

 Hayden Field, Emerging Tech Brew ; AI-ethics pioneer Margaret Mitchell on her five-year plan at open-source AI startup Hugging Face

"Hugging Face wants to bring these powerful tools to more people. Its mission: Help companies build, train, and deploy AI models—specifically natural language processing (NLP) systems—via its open-source tools, like Transformers and Datasets. It also offers pretrained models available for download and customization.

So what does it mean to play a part in “democratizing” these powerful NLP tools? We chatted with Mitchell about the split from Google, her plans for her new role, and her near-future predictions for responsible AI."

Ode to Cicadas; Library of Congress, May 24, 2021

George Thuronyi,  Library of Congress; Ode to Cicadas

"They’re flying, buzzing, and crawling everywhere! Washington, DC, neighborhoods around the U.S. Copyright Office are teeming with Brood X cicadas, taking their next steps on a seventeen-year journey. Along the way, they’re also inspiring musicians, photographers, artists, and authors to create copyrighted works."

A Little-Known Statute Compels Medical Research Transparency. Compliance Is Pretty Shabby.; On The Media, April 21, 2021

 On The Media; A Little-Known Statute Compels Medical Research Transparency. Compliance Is Pretty Shabby.

"Evidence-based medicine requires just that: evidence. Access to the collective pool of knowledge produced by clinical trials is what allows researchers to safely and effectively design future studies. It's what allows doctors to make the most informed decisions for their patients.

Since 2007, researchers have been required by law to publish the findings of any clinical trial with human subjects within a year of the trial's conclusion. Over a decade later, even the country's most well-renown research institutions sport poor reporting records. This week, Bob spoke with Charles Piller, an investigative journalist at Science Magazine who's been documenting this dismal state of affairs since 2015. He recently published an op-ed in the New York Times urging President Biden to make good on his 2016 "promise" to start withholding funds to force compliance."

Scientific Publishing Is a Joke; The Atlantic, May 6, 2021

 BENJAMIN MAZER, The Atlantic; Scientific Publishing Is a Joke

An XKCD comic—and its many remixes—perfectly captures the absurdity of academic research.

"“The meme hits the right nerve,” says Vinay Prasad, an associate epidemiology professor and a prominent critic of medical research. “Many papers serve no purpose, advance no agenda, may not be correct, make no sense, and are poorly read. But they are required for promotion.” The scholarly literature in many fields is riddled with extraneous work; indeed, I’ve always been intrigued by the idea that this sorry outcome was more or less inevitable, given the incentives at play. Take a bunch of clever, ambitious people and tell them to get as many papers published as possible while still technically passing muster through peer review … and what do you think is going to happen? Of course the system gets gamed: The results from one experiment get sliced up into a dozen papers, statistics are massaged to produce more interesting results, and conclusions become exaggerated. The most prolific authors have found a way to publish more than one scientific paper a week. Those who can’t keep up might hire a paper mill to do (or fake) the work on their behalf...

A staggering 200,000 COVID-19 papers have already been published, of which just a tiny proportion will ever be read or put into practice. To be fair, it’s hard to know in advance which data will prove most useful during an unprecedented health crisis. But pandemic publishing has only served to exacerbate some well-established bad habits, Michael Johansen, a family-medicine physician and researcher who has criticized many studies as being of minimal value, told me. “COVID publications appear to be representative of the literature at large: a few really important papers and a whole bunch of stuff that isn’t or shouldn’t be read,” he said."

US-backed vaccine patent waiver: pros and cons explained; The Conversation, May 6, 2021

 Farasat Bokhari, The Conversation; US-backed vaccine patent waiver: pros and cons explained

"So what are the pros and cons of this waiver and what are the alternatives?"

Want to borrow that e-book from the library? Sorry, Amazon won’t let you.; The Washington Post, March 10, 2021

 Geoffrey A. Fowler, The Washington Post ; Want to borrow that e-book from the library? Sorry, Amazon won’t let you.

 

"Many Americans now recognize that a few tech companies increasingly dominate our lives. But it’s sometimes hard to put your finger on exactly why that’s a problem. The case of the vanishing e-books shows how tech monopolies hurt us not just as consumers, but as citizens...

 

Librarians have been no match for the beast. When authors sign up with a publisher, it decides how to distribute their work... 

 

In testimony to Congress, the American Library Association called digital sales bans like Amazon’s “the worst obstacle for libraries” moving into the 21st century. Lawmakers in New York and Rhode Island have proposed bills that would require Amazon (and everybody else) to sell e-books to libraries with reasonable terms. This week, the Maryland House of Delegates unanimously approved its own library e-book bill, which now heads back to the state Senate... 

 

Libraries losing e-books matters because they serve us as citizens. It’s easy to take for granted, but libraries are among America’s great equalizers."

Houdini and the Magic of Copyright; Library of Congress, March 24, 2021

 Anandashankar Mazumdar, Library of Congress; Houdini and the Magic of Copyright

"Magicians do not always reveal their tricks, even when they register their copyright claims. The legendary Hungarian immigrant Harry Houdini registered three of his famous illusions as “playlets,” or short plays, with the U.S. Copyright Office between 1911 and 1914. The playlets were registered as dramatic compositions, which have been eligible for copyright protection since 1856. Houdini’s deposited playlet scripts are now held within the Reader’s Collection, Library of Congress Copyright Office Drama Deposits."

Introduction to Intellectual Property; OpenStax, March 2021

 OpenStax; Introduction to Intellectual Property

The Marrakesh Treaty in Action: Exciting Progress in Access to Published Works for the Blind and Print-Disabled Communities; U.S. Copyright Office, February 22, 2021

 Anandashankar Mazumdar, U.S. Copyright Office; The Marrakesh Treaty in Action: Exciting Progress in Access to Published Works for the Blind and Print-Disabled Communities

"The following is a guest blog post by Shira Perlmutter, Register of Copyrights and Director, U.S. Copyright Office

Domestic stakeholders, congressional staff, and the U.S. government all worked collaboratively to implement the treaty obligations into our law. In the 2018 Marrakesh Treaty Implementation Act (MTIA), Congress made a few amendments to the scope of the existing exception in section 121 of the Copyright Act, and added a new section 121A. The latter allows nonprofit or governmental entities that serve blind or print-disabled persons—known as “authorized entities”—to import and export accessible format copies for the benefit of those patrons. For more details, the Copyright Office has information on both the treaty and the MTIA posted on our website.

The Marrakesh Treaty has already been a tremendous achievement for the blind and visually impaired communities in the United States. Since it entered into force in May 2019, much has been done, including here at the Library of Congress, to start reaping its benefits. The Library’s National Library Service for the Blind and Print Disabled (NLS), founded in 1931, has long administered a free national library program that provides braille and recorded materials to people who cannot see regular print or handle print materials. U.S. membership in Marrakesh has allowed NLS, as an authorized entity, to make thousands of accessible format works available throughout the world, as well as to import over 1,700 foreign titles in at least 10 languages for its patrons. NLS has developed a number of practices and policies to support its work as an authorized entity under the MTIA.

One of NLS’s partners in leveraging the Marrakesh Treaty to maximize the availability of accessible format works worldwide is the Accessible Books Consortium’s (ABC’s) Global Book Service (GBS), a project under the aegis of WIPO."

Want to Reverse Inequality? Change Intellectual Property Rules.; The Nation, February 8, 2021

 Dean Baker, February 8, 2021; Want to Reverse Inequality? Change Intellectual Property Rules.

Changes in IP have done far more than tax cuts to increase inequality—and US protection of IP could lead to a cold war with China.

"While the Reagan, George W. Bush, and Trump tax cuts all gave more money to the rich, policy changes in other areas, especially intellectual property have done far more to redistribute income upward. In the past four decades, a wide array of changes—under both Democratic and Republican presidents—made patent and copyright protection both longer and stronger."

The ultimate crash course on protecting Intellectual Property; Lexology, October 13, 2020

Dennemeyer – The IP Group - Irene Corn, Lexology; The ultimate crash course on protecting Intellectual Property

"Why is it essential to protect your IP?

Your IP — including blueprints, artistic representations, and other information regarding your products, services, publications and branding — is your organization's lifeblood. Without it, those assets would simply not exist because you would have no incentive to create them in the first place.

If IP in business were free for the taking, overall competition among different companies in the same field would be severely limited. It would ultimately be dependent on mundane factors, like marketing and distribution budgets. Moreover, businesses and individual authors alike would get stuck and feel no pressure to create something new; similarly, in the patent field, thousands of the most notable technological advancements of the last century might not have come to pass. The stakes may not be as high for trademarks, but they are still immensely important because of how they express your brand's identity."

A Supreme Court Without RBG May Impact Hollywood's Grip on Intellectual Property; Billboard, September 21, 2020

Eriq Gardner, Billboard; A Supreme Court Without RBG May Impact Hollywood's Grip on Intellectual Property

 

[Kip Currier: This is a note I posted for my Intellectual Property and Open Movements course I'm teaching this term...

Timely and fascinating article regarding the recent passing of U.S. Supreme Court Justice Ruth Bader Ginsburg and her "copyright hawk" impact on many landmark Intellectual Property cases, like some we have already examined this term, e.g. Golan v. Holder (public domain) and Eldred v. Ashcroft (20 year extension of U.S. copyright protection period to Life of the Author plus 70 years.) In noting Ginsburg's judicial philosophy that tended to favor copyright maximalism, while a staunch civil rights defender and advocate for the equal rights of marginalized persons to the end, this article reminds us that people are often much more complex and less easily-defined than the boundaried labels that are often ascribed to them. And Justices are no different in that regard.]

 

 "Ginsburg gravitated to intellectual property disputes almost from the moment the Brooklyn, NY-born attorney was appointed to the Supreme Court by President Bill Clinton in 1993. More often than not, when a big ruling on the subject was on the table, it was she who carried the big pen. Notably, in 2003, Ginsburg wrote the majority opinion in Eldred v. Ashcroft that blessed an extension of the copyright term over a free speech challenge. Almost a decade later, she reached a similar conclusion in Golan v. Holder, which dealt with works taken from the public domain to comply with an international treaty. Ginsburg also shaped who could sue for copyright infringement — and when — with her majority opinions in Petrella v. MGM (2013) and Fourth Estate Pub. Benefit Corp. v. Wall-Street.com (2019). She also wrote a concurring opinion in MGM Studios v. Grokster, the case which apportioned secondary copyright liability in the file-sharing age.

Ginsburg was certainly hawkish when it came to copyright. And her view can be most sharply contrasted with those of Justice Stephen Breyer, demonstrating that there's more to judicial philosophy than a conservative-liberal divide...

Now comes Google v. Oracle, which has been hailed for good reason as the "copyright case of the century." It concerns Oracle's efforts to punish Google for allegedly infringing computer code to build the Android operating system. At issue in the case is the scope of copyright. Does the structure, sequence, and organization of application programming interfaces get protected? And separately, does Google have fair use to whatever is copyrighted? The movie industry is backing Oracle in the case —and the high court's conclusions will surely have an outsized influence both on the development of technology as well as how future copyright cases get adjudicated. Ginsburg's passing is probably bad news for Oracle's chances here. Of all the justices, she was least likely to read limits to copyright protection."

Judge Rules in Favor of Nicki Minaj in Tracy Chapman Copyright Dispute; Variety, September 16, 2020

Gene Maddaus , Variety; Judge Rules in Favor of Nicki Minaj in Tracy Chapman Copyright Dispute

"A judge handed a significant win to Nicki Minaj on Wednesday, finding that she did not commit copyright infringement when she created a song based on Tracy Chapman’s “Baby Can I Hold You.”

The ruling protects the industry practice of developing a new song based on existing material, and then seeking a license from the original artist prior to release. U.S. District Judge Virginia A. Phillips ruled that Minaj’s experimentation with Chapman’s song constitutes “fair use” and is not copyright infringement."

Google v. Oracle: Fair Use and the Seventh Amendment; JD Supra, September 15, 2020

 Dorsey & Whitney LLP, JD Supra; Google v. Oracle: Fair Use and the Seventh Amendment

"On August 7, 2020, Google and Oracle submitted their final written arguments to the Supreme Court regarding their decade-long copyright battle over the source code animating the Android platform. Now, we focus on the second question presented to the Supreme Court: whether Google’s copying of Oracle’s Java source code is a non-infringing fair use.

Recall that in December 2019 we introduced “the copyright lawsuit of the decade.” In March 2020, we covered the first of two questions presented to the Supreme Court: whether Java software interfaces are protected by copyright. Before we could address the second question presented, however, the Supreme Court delayed oral arguments on the matter to the October 2020 term due to the COVID-19 pandemic. The Supreme Court also requested that Google and Oracle submit supplemental briefs addressing the standard of review relating to the fair use defense—i.e., whether the Federal Circuit gave the proper deference to the jury’s finding of fair use when it reviewed it de novo and reversed it...

Conclusion

The Supreme Court is finally set to resolve important questions regarding the scope of copyright protection and the fair use doctrine that could have huge ramifications for the software industry … or is it? As detailed above, the Supreme Court may lean on the standard of review applied by the Federal Circuit to delay further comment on whether Google’s copying constituted fair use. We will update you again after oral argument, which is scheduled for October 7, 2020."

Censoring Jon Hamm's Penis Doesn't Violate Copyright Law, Federal Judge Rules; Gizmodo, September 11, 2020

Matt Novak, Gizmodo; Censoring Jon Hamm's Penis Doesn't Violate Copyright Law, Federal Judge Rules

"The lesson for all you meme-makers out there? Make sure your images are transformative and put a black box over those bulging packages."

Nicki Minaj-Tracy Chapman copyright battle sets stage for future of music recording; Marketplace, September 14, 2020

Sabri Ben-Achour, Marketplace ; Nicki Minaj-Tracy Chapman copyright battle sets stage for future of music recording

"Tracy Chapman is suing Nicki Minaj for using part of one of her songs. The case has the potential to upend the way music is written and how artists borrow from one another.

Minaj’s song “Sorry” obviously takes from Chapman’s song “Baby Can I Hold You.”Nobody disputes that. Minaj and her people asked Chapman for permission during and after production of “Sorry,” and Chapman and her reps said no, multiple times. So Minaj didn’t release the song on her 2018 album.

“What complicates it in this case is that there was further redistribution,” said Eugene Volokh, a professor at UCLA School of Law."

When a Right Click Is Wrong; Comstock's Magazine, September 16, 2020

Lila Wallrich, Comstock's Magazine; When a Right Click Is Wrong

How to avoid creative copyright infringement in your promotion and presentations

"Check the Public Domain

When copyright expires or is voluntarily surrendered, work enters the public domain and becomes available for all. Exclusive rights are nonexistent, and no permission is needed. You just need to do some research to find what you need, starting here: 

• Wikimedia Commons is one of the largest public domain resources for free photographs. 
• Unsplash is a collective of photographers offering high-resolution images for free. 
• Magdeleine is another high-quality resource for free photography. 
• YouTube Audio Library offers free music and sound effects. Search by genre, mood or instrument and download as an MP3 file."

Historic Court Cases That Helped Shape Scope of Copyright Protections; Library of Congress, September 9, 2020

 Anandashankar Mazumdar, Library of Congress; Historic Court Cases That Helped Shape Scope of Copyright Protections

"As the Copyright Office celebrates its 150th birthday, we can look back more than 240 years through the history of copyright protections in the United States to see how the law has changed in response to changing technologies and economics.

The authors of the U.S. Constitution believed that copyright was important enough to explicitly grant the federal government the power to grant authors the exclusive right to their writings.

When the first U.S. Congress convened in 1789, it put enactment of the country’s first Copyright Act on its agenda. The Copyright Act of 1790 extended copyright protections to “maps, charts, and books.” But copyright protection in 2020 covers many more types of creative expression.

The federal courts have been crucial in looking at creative media and setting the boundaries of what is protected and what isn’t. This is a look back at some of the most important court rulings on what is and isn’t protectable throughout the years under U.S. copyright law.

These cases reflect some of the landmarks for American courts for defining the scope of copyright protection: (1) Is a system of accounting and its ledgers protected? (2) Is a photograph protected when the law doesn’t explicitly mention photographs? (3) Is an advertisement protected? And (4) Is a creative work incorporated into a useful article protected?"

Fair Use, "The Frankenstein," and the Mixed Up Files of Mrs. Basil E. Frankweiler; Lexology, August 9, 2020

Frankfurt Kurnit Klein & Selz PC - Brian Murphy, Lexology; Fair Use, "The Frankenstein," and the Mixed Up Files of Mrs. Basil E. Frankweiler

"Larry Marano is the professional photographer (and self-described dedicated fan of hard rock and heavy metal music) who snapped the above photo of Van Halen. Marano sued the Met in the Southern District of New York, alleging that the use of his photograph was unauthorized and infringed upon his copyright. Two days after Marano filed, Judge Valerie Caproni ordered him and his attorney (Richard Leibowitz - see this post) to show cause why the complaint shouldn't be dismissed on fair use grounds.

As a preliminary matter, the court noted that even though the case was at the pleading stage, dismissal on fair use grounds would be appropriate if "transformativeness [could] be determined by doing a side-by-side comparison of the original work and the secondary use." After the matter was briefed, the court concluded that such a determination was indeed possible in this case and that the complaint should be dismissed.

Here's a rundown of the court's analysis of the statutory factors:

Marano v. Metropolitan Museum of Art, 19-CV-8606 (VEC), 2020 WL 3962009 (S.D.N.Y. July 13, 2020)."

What I Wish They Taught Me about Copyright in Art School; Library of Congress, September 1, 2020

Holland Gormley, Library of Congress; What I Wish They Taught Me about Copyright in Art School

"I have a confession to make. I made it all the way through a BFA in photography without knowing what exactly copyright was or what it meant for me and my work. It’s not that my professors did anything wrong. They were inspiring, wonderful, and talented creators. It’s never too late to learn though. All of us creators need to understand copyright because it so closely affects us, our work, and our careers. So with classes starting back up both in person and remotely this fall, I wanted to take a moment to speak directly to young creators about what copyright is and how it can help YOU as you start your careers. Why? If it’s worth creating, it’s worth protecting."

A Spider-Man Comic Was Written By A.I. And The Result Is Madness; Screen Rant, August 31, 2020

Kevin Erdmann, Screen Rant; A Spider-Man Comic Was Written By A.I. And The Result Is Madness

"Some DC Comics fans may be familiar with the Batman script that's long been trending on the internet created by Keaton Patti. He wrote it using a bot he forced to watch 1,000 hours of Batman films, resulting in a wild and wacky script of epic proportions. Recently, Marvel Comics reached out to Keaton, asking him to have his bot create a Spider-Man story in the same vein as part of their 25th issue of the current Amazing Spider-Man series. The result is one of the greatest and most hilarious short Spidey stories of all time.

The story itself is featured at the end of Spider-Man #25. Titled "Robo-Helpers," it was written by Patti's bot, reportedly after having it read every Spider-Man comic ever, with the art coming from humans Dan Hipp and Joe Caramanga."