Eric Kleefeld, TPM; Stop The Music! Artists Demand GOPers Quit Playing Their Hits:
"If stereotypes held true, you would think that the Republicans would be the ones telling folks to turn that blasted music down. But this year -- and indeed in many past election cycles -- it's the GOP that has been attracting cease-and-desist letters for pilfering music against the artists' wishes. So let's take a look at some of the more notable GOP music fails from this cycle, and cycles past.
Senate candidate Chuck DeVore (R-CA) got burned for using for using altered-lyric version of Don Henley's "The Boys of Summer" and "All She Wants To Do Is Dance" for his campaign's Web ads. David Byrne is suing Gov. Charlie Crist (I-FL) for using "Road To Nowhere" in a Web ad during his previous Republican Senate primary fight, and of course, as we reported yesterday, Rush cut to the chase and told Senate nominee Rand Paul (R-KY) to stop playing "Tom Sawyer" and "The Spirit of Radio."
The Orleans song "Still The One" has a special place in politics as it has been used not once without the band's permission, but twice -- and the first instance contributed to its author's entrance into national politics. In 2004, the Bush campaign used the song at a rally. As the song's main author, John Hall, told MSNBC in 2008: "George Bush was busy campaigning on an 'ownership society,' yet never asked me, the band, or the publishers for permission." Hall and other stakeholders in the song quickly sent a cease-and-desist letter, and the Bush campaign dropped the song."
http://tpmdc.talkingpointsmemo.com/2010/06/stop-the-music-artists-demand-gopers-quit-playing-their-hits.php
Thursday, June 10, 2010
Tuesday, June 8, 2010
Manga Publishers Targetting Scanlation Sites; ComicBookResources.com, 6/8/10
ComicBookResources.com; Manga Publishers Targetting Scanlation Sites:
"Today a coalition of Japanese and U.S. publishers announced a coordinated effort to combat a rampant and growing problem of internet piracy plaguing the manga industry. “Scanlation,” as this form of piracy has come to be known, refers to the unauthorized digital scanning and translation of manga material that is subsequently posted to the internet without the consent of copyright holders or their licensees. According to the coalition, the problem has reached a point where “scanlation aggregator” sites now host thousands of pirated titles, earning ad revenue and/or membership dues at creators’ expense while simultaneously undermining foreign licensing opportunities and unlawfully cannibalizing legitimate sales. Worse still, this pirated material is already making its way to smartphones and other wireless devices, like the iPhone and iPad, through apps that exist solely to link to and republish the content of scanlation sites.
Participants in the coalition include the 36 members of Japan’s Digital Comic Association, Square Enix, VIZ Media, TOKYOPOP, Vertical, Inc., the Tuttle-Mori Agency and Yen Press. Working together, the membership of the coalition will actively seek legal remedies to this intellectual property theft against those sites that fail to voluntarily cease their illegal appropriation of this material.
“It is unfortunate that this action has become necessary,” said a spokesperson for the group. “However, to protect the intellectual property rights of our creators and the overall health of our industry, we are left with no other alternative but to take aggressive action. It is our sincere hope that offending sites will take it upon themselves to immediately cease their activities. Where this is not the case, however, we will seek injunctive relief and statutory damages. We will also report offending sites to federal authorities, including the anti-piracy units of the Justice Department, local law enforcement agencies and FBI.”
The coalition stated that it has currently identified thirty sites targeted for action."
http://www.comicbookresources.com/?page=article&id=26596
"Today a coalition of Japanese and U.S. publishers announced a coordinated effort to combat a rampant and growing problem of internet piracy plaguing the manga industry. “Scanlation,” as this form of piracy has come to be known, refers to the unauthorized digital scanning and translation of manga material that is subsequently posted to the internet without the consent of copyright holders or their licensees. According to the coalition, the problem has reached a point where “scanlation aggregator” sites now host thousands of pirated titles, earning ad revenue and/or membership dues at creators’ expense while simultaneously undermining foreign licensing opportunities and unlawfully cannibalizing legitimate sales. Worse still, this pirated material is already making its way to smartphones and other wireless devices, like the iPhone and iPad, through apps that exist solely to link to and republish the content of scanlation sites.
Participants in the coalition include the 36 members of Japan’s Digital Comic Association, Square Enix, VIZ Media, TOKYOPOP, Vertical, Inc., the Tuttle-Mori Agency and Yen Press. Working together, the membership of the coalition will actively seek legal remedies to this intellectual property theft against those sites that fail to voluntarily cease their illegal appropriation of this material.
“It is unfortunate that this action has become necessary,” said a spokesperson for the group. “However, to protect the intellectual property rights of our creators and the overall health of our industry, we are left with no other alternative but to take aggressive action. It is our sincere hope that offending sites will take it upon themselves to immediately cease their activities. Where this is not the case, however, we will seek injunctive relief and statutory damages. We will also report offending sites to federal authorities, including the anti-piracy units of the Justice Department, local law enforcement agencies and FBI.”
The coalition stated that it has currently identified thirty sites targeted for action."
http://www.comicbookresources.com/?page=article&id=26596
EDUCAUSE Live! [June 14, 2010 1 PM EDT, FREE REGISTRATION AT WEBSITE] Checkpointing the ACTA Debate: Where Are We, and Where Do We Go From Here?
EDUCAUSE Live! [June 14, 2010 1 PM EDT, FREE REGISTRATION AT WEBSITE], Checkpointing the ACTA Debate: Where Are We, and Where Do We Go From Here?:
Michael Petricone
Senior Vice President for Government Affairs, Consumer Electronics Association
Jonathan Band
Counsel, Library Copyright Alliance
"Summary
ACTA, the Anti-Counterfeiting Trade Agreement, has been under negotiation since 2007 by representatives from the United States and several dozen other countries. Although nominally limited to counterfeiting, reports have suggested a much larger scope, with rumors hinting at border searches for infringing content on iPods, mandatory three-strikes policies for ISPs, and criminal penalties for Internet "piracy," all under the umbrella of an international policy regime. Public analysis and comment on ACTA have been constrained by the secrecy of the negotiations: Through most of the process, discussions have taken place in private.
An official draft of the agreement was revealed in October 2009, but distribution was limited to a handful of selected individuals and only under seal of nondisclosure. As of April, 2010, we have the first public version of the document and, according to ACTA proponents, the concerns are considered overblown and unfounded. ACTA leaves U. S. copyright law unchanged, they say, retaining fair use and other consumer protections, while providing a powerful tool to fight the high-stakes international organized crime that's deriving huge profits by misappropriating intellectual property. Others remain unconvinced. In this session we'll review the history, current status, and next steps for ACTA and examine the conflicting claims."
http://net.educause.edu/content.asp?SECTION_ID=521&bhcp=1
Michael Petricone
Senior Vice President for Government Affairs, Consumer Electronics Association
Jonathan Band
Counsel, Library Copyright Alliance
"Summary
ACTA, the Anti-Counterfeiting Trade Agreement, has been under negotiation since 2007 by representatives from the United States and several dozen other countries. Although nominally limited to counterfeiting, reports have suggested a much larger scope, with rumors hinting at border searches for infringing content on iPods, mandatory three-strikes policies for ISPs, and criminal penalties for Internet "piracy," all under the umbrella of an international policy regime. Public analysis and comment on ACTA have been constrained by the secrecy of the negotiations: Through most of the process, discussions have taken place in private.
An official draft of the agreement was revealed in October 2009, but distribution was limited to a handful of selected individuals and only under seal of nondisclosure. As of April, 2010, we have the first public version of the document and, according to ACTA proponents, the concerns are considered overblown and unfounded. ACTA leaves U. S. copyright law unchanged, they say, retaining fair use and other consumer protections, while providing a powerful tool to fight the high-stakes international organized crime that's deriving huge profits by misappropriating intellectual property. Others remain unconvinced. In this session we'll review the history, current status, and next steps for ACTA and examine the conflicting claims."
http://net.educause.edu/content.asp?SECTION_ID=521&bhcp=1
Sunday, June 6, 2010
Ugg under copyright threat; Sydney Morning Herald, 6/2/10
Susanna Dunkerley, Sydney Morning Herald; Ugg under copyright threat:
"The commonly used name for Australia's iconic sheepskin boots, "uggs", could be under threat of another copyright claim.
American company Deckers tried to claim the name in 2003, but the national trademark regulator ruled the term was generic and could apply to any kind of sheepskin boot.
Deckers, which owns the name Ugg Australia in other countries, has reportedly made a second attempt with IP Australia to prevent local companies from using the name.
(IP Australia is the agency that grants rights in patents, trade marks, and designs.)
It has also threatened action against Australian companies selling ugg boots on internet sites such as eBay.
Labor MP Sharryn Jackson says the government should do what it can to prevent the company from acquiring the copyright in Australia.
"Ugg boots are an Aussie icon and it is a generic term used for sheepskin boots," she told parliament.
"It's wrong that an organisation like this is able to use its strength and size to try to force an Australian industry out of business.
"Or for them to have exclusive use of the word ugg in all countries except Australia."
Ugg boots started out as an icon of the Australian surfing culture in the late 1960s and has since developed into an international fashion footwear item."
http://news.smh.com.au/breaking-news-national/ugg-under-copyright-threat-20100602-wzw0.html
"The commonly used name for Australia's iconic sheepskin boots, "uggs", could be under threat of another copyright claim.
American company Deckers tried to claim the name in 2003, but the national trademark regulator ruled the term was generic and could apply to any kind of sheepskin boot.
Deckers, which owns the name Ugg Australia in other countries, has reportedly made a second attempt with IP Australia to prevent local companies from using the name.
(IP Australia is the agency that grants rights in patents, trade marks, and designs.)
It has also threatened action against Australian companies selling ugg boots on internet sites such as eBay.
Labor MP Sharryn Jackson says the government should do what it can to prevent the company from acquiring the copyright in Australia.
"Ugg boots are an Aussie icon and it is a generic term used for sheepskin boots," she told parliament.
"It's wrong that an organisation like this is able to use its strength and size to try to force an Australian industry out of business.
"Or for them to have exclusive use of the word ugg in all countries except Australia."
Ugg boots started out as an icon of the Australian surfing culture in the late 1960s and has since developed into an international fashion footwear item."
http://news.smh.com.au/breaking-news-national/ugg-under-copyright-threat-20100602-wzw0.html
Friday, June 4, 2010
Librarians Do Gaga At The University Of Washington (VIDEO) ... Awkward Or Amazing?; Huffington Post, 6/4/10
Huffington Post; Librarians Do Gaga At The University Of Washington (VIDEO) ... Awkward Or Amazing?:
"A group of University of Washington librarians and library science students have made their own rendition of Lady Gaga's "Poker Face" -- library-style, of course."
http://www.huffingtonpost.com/2010/06/04/librarians-do-gaga-at-the_n_601161.html
"A group of University of Washington librarians and library science students have made their own rendition of Lady Gaga's "Poker Face" -- library-style, of course."
http://www.huffingtonpost.com/2010/06/04/librarians-do-gaga-at-the_n_601161.html
Does Fashion Need Copyright Protection?; New York Times, 5/27/10
Catherine Rampell, New York Times; Does Fashion Need Copyright Protection?:
"Johanna Blakley, of the University of Southern California’s Norman Lear Center, recently gave a TED talk on the “culture of copying” in fashion, and why this industry (in addition to those for some other creative works, like food preparation) has been able to thrive even without copyright protection."
http://economix.blogs.nytimes.com/2010/05/27/does-fashion-need-copyright-protection/?scp=1&sq=copyright&st=cse
"Johanna Blakley, of the University of Southern California’s Norman Lear Center, recently gave a TED talk on the “culture of copying” in fashion, and why this industry (in addition to those for some other creative works, like food preparation) has been able to thrive even without copyright protection."
http://economix.blogs.nytimes.com/2010/05/27/does-fashion-need-copyright-protection/?scp=1&sq=copyright&st=cse
Wednesday, June 2, 2010
U.S. Attorney Moves to Confiscate HTMLComics.com; ComicBookResources.com, 6/2/10
Brigid Alverson, ComicBookResources,com; U.S. Attorney Moves to Confiscate HTMLComics.com:
"The U.S. Attorney for the Middle District of Florida has filed a civil complaint asking to confiscate the domains, including HTMLComics.com, that Gregory Steven Hart used to post copyrighted comics on the internet.
Hart posted scans of comics from Marvel, DC, and other publishers on his websites for the public to read for free, without registration or payment. He insisted that his actions were legal and that his site was the internet equivalent of a library. The FBI confiscated Hart's computers in April, and his sites have been down since then.
The complaint filed on May 26 lists six of Hart's domains, including HTMLComics.com, ComicBooksFree.com and PlayboyMonthly.com, as defendants and asks that they be forfeited to the United States of America. When asked if Hart himself was going to be charged, Steve Cole, the spokesman for the U.S. Attorneys office, said "There are no criminal charges or plans to arrest him."
Court papers obtained by CBR reveal that the FBI began investigating Hart in July 2009 because of complaints that he was posting comics on the internet without the permission of the copyright holders. Publishers had started sending Hart cease-and-desist letters in January 2009, asking him to take down the comics, but instead, he posted more. "Initially, the estimated number of issues available on the site exceeded 40,000," the complaint says, and by June 2009 the site claimed to host over 100,000 issues.
The complaint includes information from FBI Special Agent Lawrence Wolfenden, who investigates computer crimes for the Tampa Field Office of the FBI:
As recently as March 31, 2010, Agent Wolfenden has been able to view numerous comic books through the HTMLComics.com website, including various books of the following titles: Astonishing X-Men, X-Men: Divided We Stand, The Simpsons, Aliens vs Predator vs Terminator, Army of Darkness, Dilbert, Peanuts, Batman, Superman, Spiderman [sic], Watchmen, and Mad Magazine.
In January and February 2009, Bongo Entertainment, Inc., (holder of the copyright for "The Simpsons"), United Feature Syndicates (which owns "Peanuts" and "Dilbert"), Warner Brothers/DC Comics, and Marvel Comics Group all sent cease-and-desist letters to Hart. Warner Brothers and Marvel followed up with second letters in March and June 2009, respectively, yet Hart did not remove the comics.
In a November 2009 telephone conversation, Hart told Marvel's legal counsel that he had designed the HTMLComics.com website and maintains the files on its servers; that he did not own physical copies of the comics on the site but had received them as digital files from other people; and that he had not gotten permission from the publishers to display the comics. He also said that the site gets 400,000 to 500,000 hits, or about 8,000 unique visitors, per day. "Hart advised that if no company agreed to a revenue-sharing arrangement, he would continue to operate the site without charging users to view the comics," the complaint states.
On April 13, 2010, Agent Wolfenden was able to read four issues of the Marvel comic "The New Avengers," with cover dates ranging from May 2009 to August 2009, at HTMLComics.com.
On April 20, 2010, FBI agents served a warrant on Hart's home in Tampa, Florida, seizing papers and "numerous pieces of digital storage, such as hard drives, computers, and DVDs, on which are stored copyright-protected images." The papers included a cease-and-deist order from Thomas E. Niedrich, an attorney at the Washington, DC law firm Crowell & Moring, and records documenting Hart's ownership of the websites in question. During the search, Hart said that he was the owner and developer of HTMLComics.com and several associated sites, that the sites were hosted on computers at his house, and that the site PlayboyMonthly.com, which displays issues of "Playboy" and "Maxim" magazines, was also registered to him.
The complaint notes that that the cover price on the comics ranges from 25 cents to $3.00, and the cost of Marvel's digital subscription service is $10 per month, and concludes that Hart's site is harming the copyright holders. Given that the sites are "facilitating property" for Hart's violations of copyright law, the U.S. attorney has asked that they be forfeited "for disposition according to law.""
http://www.comicbookresources.com/?page=article&id=26494
"The U.S. Attorney for the Middle District of Florida has filed a civil complaint asking to confiscate the domains, including HTMLComics.com, that Gregory Steven Hart used to post copyrighted comics on the internet.
Hart posted scans of comics from Marvel, DC, and other publishers on his websites for the public to read for free, without registration or payment. He insisted that his actions were legal and that his site was the internet equivalent of a library. The FBI confiscated Hart's computers in April, and his sites have been down since then.
The complaint filed on May 26 lists six of Hart's domains, including HTMLComics.com, ComicBooksFree.com and PlayboyMonthly.com, as defendants and asks that they be forfeited to the United States of America. When asked if Hart himself was going to be charged, Steve Cole, the spokesman for the U.S. Attorneys office, said "There are no criminal charges or plans to arrest him."
Court papers obtained by CBR reveal that the FBI began investigating Hart in July 2009 because of complaints that he was posting comics on the internet without the permission of the copyright holders. Publishers had started sending Hart cease-and-desist letters in January 2009, asking him to take down the comics, but instead, he posted more. "Initially, the estimated number of issues available on the site exceeded 40,000," the complaint says, and by June 2009 the site claimed to host over 100,000 issues.
The complaint includes information from FBI Special Agent Lawrence Wolfenden, who investigates computer crimes for the Tampa Field Office of the FBI:
As recently as March 31, 2010, Agent Wolfenden has been able to view numerous comic books through the HTMLComics.com website, including various books of the following titles: Astonishing X-Men, X-Men: Divided We Stand, The Simpsons, Aliens vs Predator vs Terminator, Army of Darkness, Dilbert, Peanuts, Batman, Superman, Spiderman [sic], Watchmen, and Mad Magazine.
In January and February 2009, Bongo Entertainment, Inc., (holder of the copyright for "The Simpsons"), United Feature Syndicates (which owns "Peanuts" and "Dilbert"), Warner Brothers/DC Comics, and Marvel Comics Group all sent cease-and-desist letters to Hart. Warner Brothers and Marvel followed up with second letters in March and June 2009, respectively, yet Hart did not remove the comics.
In a November 2009 telephone conversation, Hart told Marvel's legal counsel that he had designed the HTMLComics.com website and maintains the files on its servers; that he did not own physical copies of the comics on the site but had received them as digital files from other people; and that he had not gotten permission from the publishers to display the comics. He also said that the site gets 400,000 to 500,000 hits, or about 8,000 unique visitors, per day. "Hart advised that if no company agreed to a revenue-sharing arrangement, he would continue to operate the site without charging users to view the comics," the complaint states.
On April 13, 2010, Agent Wolfenden was able to read four issues of the Marvel comic "The New Avengers," with cover dates ranging from May 2009 to August 2009, at HTMLComics.com.
On April 20, 2010, FBI agents served a warrant on Hart's home in Tampa, Florida, seizing papers and "numerous pieces of digital storage, such as hard drives, computers, and DVDs, on which are stored copyright-protected images." The papers included a cease-and-deist order from Thomas E. Niedrich, an attorney at the Washington, DC law firm Crowell & Moring, and records documenting Hart's ownership of the websites in question. During the search, Hart said that he was the owner and developer of HTMLComics.com and several associated sites, that the sites were hosted on computers at his house, and that the site PlayboyMonthly.com, which displays issues of "Playboy" and "Maxim" magazines, was also registered to him.
The complaint notes that that the cover price on the comics ranges from 25 cents to $3.00, and the cost of Marvel's digital subscription service is $10 per month, and concludes that Hart's site is harming the copyright holders. Given that the sites are "facilitating property" for Hart's violations of copyright law, the U.S. attorney has asked that they be forfeited "for disposition according to law.""
http://www.comicbookresources.com/?page=article&id=26494
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