‘Hand to God’ Play Sued by Abbott and Costello Heirs Over Use of ‘Who’s on First?’; New York Times, 6/4/15

Andrew R. Chow, New York Times; ‘Hand to God’ Play Sued by Abbott and Costello Heirs Over Use of ‘Who’s on First?' :

"The Broadway play “Hand to God” has ridden its foul-mouthed humor, as well as a wry use of Bud Abbott and Lou Costello’s “Who’s on first?” baseball routine, to five Tony nominations.

But the estate of Abbott and Costello is trying to catch the play stealing just days before the Tony ceremony on Sunday. The comedians’ heirs on Thursday sued over the play’s use of the famous routine.

“Filing a lawsuit on the eve of the Tony awards is obviously nothing more than a stunt,” the play’s lead producer, Kevin McCollum, said in an email. “Frankly, we welcome the attention.”

The federal lawsuit, filed in the Southern District of New York, is claiming copyright infringement against the playwright Robert Askins, the producers and the promoters. The estate said cease-and-desist requests were sent after the play opened on Broadway in April, and it is seeking damages and lawyers’ fees."

Review: ‘Notes of a Native Song’ Is Stew’s Homage to James Baldwin; New York Times, 6/4/15

Charles Isherwood, New York Times; Review: ‘Notes of a Native Song’ Is Stew’s Homage to James Baldwin:

"The concept, according to Stew, who wrote the lyrics and text and collaborated with Heidi Rodewald on the music, is to present Baldwin “as a blues singer,” although the music is primarily rock-driven, as was the case with their “Passing Strange,” which opened at the Public Theater and subsequently moved to Broadway. Stew also jokes that he might be accused of “spiritual copyright infringement” in creating that show, because he has long been inspired by Baldwin’s own journey. As with Baldwin, who wrote most of his work during a long exile from America spent mostly in France, Stew’s artistic development took place partly in Europe and was dramatized in “Passing Strange.”

He certainly needn’t worry about actual copyright infringement in “Notes of a Native Song.” For the most part, the details of Baldwin’s life are alluded to haphazardly; don’t expect anything close to a linear biography, or even a nonlinear one."

Medicine’s Hidden Roots in an Ancient Manuscript; New York Times, 6/1/15

Mark Schrope, New York Times; Medicine’s Hidden Roots in an Ancient Manuscript:

"Scholars are just beginning to pore over the text, the oldest known copy of Galen’s “On the Mixtures and Powers of Simple Drugs.” It may well provide new insights into medicine’s roots and into the spread of this new science across the ancient world...

Little is known of the history of the manuscript in Baltimore, formally known as the Syriac Galen Palimpsest, from its recycling in the 11th century until the 1920s, when it was sold to a private collector in Germany. After that, the manuscript fell again from public view until 2002, when it was purchased by a collector in a private sale. He has not been publicly identified.

In 2009, the Galen Palimpsest was lent to the Walters Art Museum for spectral imaging of its leaves by an independent group of specialists, which would reveal the erased Galen undertext. Each page is photographed digitally at extremely high resolution with varying colors and configurations of light, which in various ways illuminate the inks, grooves from writing and parchment itself. Computer algorithms exploit these variations to maximize the visibility of the undertext.

The resulting images went online under a “creative commons” license, meaning that anyone can use the material free for any noncommercial purpose. Once the images were online, William Noel, who was the curator of manuscripts and rare books at the museum, began organizing members of the tiny community of scholars who study Syriac scientific texts to study the new material."

‘The Last Bookaneer,’ by Matthew Pearl; New York Times Sunday Book Review, 5/29/15

John Vernon, New York Times Sunday Book Review; ‘The Last Bookaneer,’ by Matthew Pearl:

"The novelistic conceit of “The Last Bookaneer” is based on the historical fact that until the passage of the International Copyright Act of 1891, the pirating of books, especially books by British authors, was common in America. Set at the time of the act’s passage, Pearl’s novel tells a one-last-heist story of two rival pirates, Penrose Davenport and a mysterious malefactor called Belial, who separately leave for Samoa, where Robert Louis Stevenson is finishing what promises to be his final novel. (Stevenson and his family did indeed spend his last years in Samoa.) Each bookaneer hopes to steal Stevenson’s manuscript and sell it to a New York publisher before the law goes into effect on July 1, which means they’re engaged in a race against time...

In his asides, Pearl can be smart and inventive. He clearly knows the quirky history of books, especially those by the great 19th-century writers. The voice of his narrator, a bookseller by trade, is authentic and convincing, with just the right dash of stuffiness and complaint. In fact, the best thing about “The Last Bookaneer” may be the opportunity it provides for its author to comment on writers, bibliophiles and publishers, with sly allusions to today’s changing and threatened book culture. The closure of a bookshop, Fergins remarks, is a “failure of mankind — a sign . . . that bookshops will one day disappear altogether and be replaced by mail order.”"

How copyright law threatens your right to repair your car; Vox, 5/28/15

Timothy B. Lee, Vox; How copyright law threatens your right to repair your car:

"The DMCA prohibits anyone from "circumventing" electronic locks that prevent copying of copyrighted content, including software. The law was designed for the kind of copy-prevention schemes used by DVDs and online music stores like iTunes.

But the software baked into your car is also copyrighted. In theory, that means carmakers could invoke the DMCA to shut down third-party diagnostic tools, shut out independent mechanics, and prevent customers from repairing their own vehicles. Earlier this year, the Electronic Frontier Foundation filed a petition with the Librarian of Congress, which has the authority to grant DMCA exemptions, to allow customers and independent mechanics to repair their vehicles without the permission of automakers.

Most automakers oppose the petition. General Motors, for example, argues that the ban on tinkering with car software is an important safety feature. "The proposed exemption presents a host of potential safety, security and regulatory concerns that proponents have not fully considered," the carmaker says.

They point out, for example, that someone could use software to disable a car's airbag and then sell the vehicle to another customer, who would have no way of knowing the airbag wouldn't deploy in an accident.

This isn't a crazy argument. The software on your smartphone or PC can't get anyone killed. The software in your car can. So it's worth being concerned about the safety risks of unauthorized software tampering.

But people have had the ability to modify their cars in potentially dangerous ways since long before the invention of software."

No more DIY farmer? John Deere copyright battle brings farm equipment ownership in question; Kankakee Daily Journal, 5/30/15

Dennis Moran, Kankakee Daily Journal; No more DIY farmer? John Deere copyright battle brings farm equipment ownership in question:

"Deere & Co. is among major manufacturers engaged in a U.S. Copyright Office battle, one over sophisticated electronic systems.

At issue is access to the software controlling much of the operation of modern cars, trucks and tractors. The software is copyright-protected and, beyond that, locked to prevent hackers and do-it-your-selfers from altering or copying it.

The people and organizations asking the Copyright Office to permit access to the software say it's a matter of fully "owning" the tractor or car you paid for, and that open access would enable consumers to make do-it-yourself repairs without having to go through authorized repair shops with software access codes.

Deere isn't the only company fighting the proposed change — General Motors, the Association of Global Automakers and Eaton Corporation are among the half dozen or so companies and manufacturer associations filing briefs in opposition — but it seems to have become the whipping boy for the opposition with one provocative online story making the rounds.

"We Can't Let John Deere Destroy the Very Idea of Ownership," reads a headline for an opinion piece on Wired, a popular magazine that reports on the culture of emerging technologies."

Appropriation art meets Instagram: Is copyright law ready?; MSNBC, 5/26/15

Christopher Buccafusco, MSNBC; Appropriation art meets Instagram: Is copyright law ready? :

"Prince is an appropriation artist; he takes other people’s works and repurposes them in new, slightly different ways. The field of appropriation art dates back to Marcel Duchamp’s Fountain, a signed and dated urinal laid flat on the ground, and it includes Sherrie Levine’s re-photographing of famous Walker Evans images. An appellate court in New York recently declared that Prince’s modifications to photographs taken by Patrick Cariou were fair use, insulating Prince from liability for copyright infringement.

In his new work, Prince isn’t borrowing from established artists—he may be borrowing from you. His new show in New York’s Frieze Art Fair includes blown up images taken (I assume, without authorization) from other people’s Instagram accounts. According to The Washington Post, Prince left the images and the usernames intact, but he substituted his own, somewhat unusual comments beneath the images.

Will the original Instagram users be upset? They might be after they hear that Prince’s works sold for $90,000 each. Will they successfully be able to sue him? Probably not.

Again, the reason why will be the fair use doctrine. Copyright law gives people rights to encourage creativity. Although copying someone else’s creative work without paying for it is often against the law, certain kinds of copying isn’t. The fair use doctrine protects some kinds of copying when doing so is beneficial to society. For example, a reviewer can reproduce a portion of a book or movie in order to criticize it."