'Happy Birthday' song copyright is not valid, judge rules; Los Angeles Times, 9/22/15

Christine Mai-Duc, Los Angeles Times; 'Happy Birthday' song copyright is not valid, judge rules:

" a stunning reversal of decades of copyright claims, a federal judge in Los Angeles has ruled that Warner/Chappell Music does not hold a valid copyright claim to the "Happy Birthday To You," song.

Warner had been enforcing its copyright claim since it paid $15 million to buy Birch Tree Group, the successor to Clayton F. Summy Co., which owned the original copyright. Royalties on the song bring in about $2 million a year for Warner, according to some estimates.

Judge George H. King ruled Tuesday afternoon that a copyright filed by the Summy Co. in 1935 granted only the rights to specific arrangements of the music, not the actual song itself.

"Because Summy Co. never acquired the rights to the Happy Birthday lyrics," wrote King. "Defendants, as Summy Co.'s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics."

"'Happy Birthday' is finally free after 80 years," said Randall Newman, an attorney for the plaintiffs, which included a group of filmmakers who are producing a documentary about the song. "Finally, the charade is over. It's unbelievable.""

PETA wants court to grant copyright to ape that snapped famous selfie; ArsTechnica.com, 9/22/15

David Kravets, ArsTechnica.com; PETA wants court to grant copyright to ape that snapped famous selfie:

"People for the Ethical Treatment of Animals (PETA) is trying to turn copyright law on its head: in this instance, with the mug of a macaque monkey named Naruto, whose selfies went viral and have been seen around the world.

PETA filed suit Tuesday, asking the courts to declare Naruto the rightsholder and hence an owner of property: a copyright.

David Slater, the British nature photographer whose camera was swiped by the ape in the Indonesian jungle, said he has been granted copyright protection in the UK for the photos. He said he was "very saddened" over PETA's lawsuit (PDF) in the United States.

This is the second time this year animal rights groups have asked the US courts to bestow onto monkeys the legal status that humans enjoy. Last month, a New York state court ruled against two chimpanzees represented by the Nonhuman Rights Project that claimed they were being deprived of their civil liberties while being housed at a university research facility.

The copyright case comes a year after regulators from the US Copyright Office agreed with Wikipedia's conclusion that a monkey's selfies cannot be copyrighted. The office said works "produced by nature, animals, or plants" cannot be granted that protection."

Big new copyright fair use decision involving part owner of Miami Heat; Washington Post, 9/17/15

Eugene Volokh, Washington Post; Big new copyright fair use decision involving part owner of Miami Heat:

"I blogged about this case back when the magistrate judge issued his report, but today the U.S. Court of Appeals for the 11th Circuit affirmed (Katz v. Chevaldina), and concluded that defendant Irina Chevaldina’s use of the photo shown above is a fair use. The twist: The subject of the photo, Raanan Katz, bought the photo after it was published and used by Chevaldina, and then sued her in his capacity as now-owner of the photograph. No dice, said the court, concluding — in my view correctly — that Chevaldina’s use was a “fair use” and thus not an infringement..."

Rapper Rick Ross Loses 'Everyday I'm Hustlin'' Copyright Claim; Reuters via New York Times, 9/16/15

Reuters via New York Times; Rapper Rick Ross Loses 'Everyday I'm Hustlin'' Copyright Claim:

"Rapper Rick Ross cannot copyright the words "Everyday I'm hustlin'," a U.S. judge has ruled, putting an end to his claim against music group LMFAO for selling T-shirts with the similar catch-phrase "Everyday I'm shufflin'."

In a ruling released on Tuesday in Miami federal court, U.S. District Judge Kathleen Williams said Ross's slogan, a prominent part of his 2006 debut hit "Hustlin'," is a short expression that courts have repeatedly said cannot be copyrighted...

In her order on Tuesday, Williams said that "Hustlin'," as a song, is protected by copyright. But Ross' three-word slogan, is made up of ordinary words and cannot be copyrighted, she said. The judge compared it to other music catch-phrases from the past, such as "you got the right one, uh-huh," "holla back," and "we get it poppin'," saying it is a "short expression of the sort that courts have uniformly held uncopyrightable.""

Why I gave up my copyright: Kirill Medvedev; Guardian, 9/17/15

Kirill Medvedev, Guardian; Why I gave up my copyright: Kirill Medvedev:

"The Russian poet has been releasing his work free of ownership since 2004, insisting that publishers can only make editions without contracts and without his consent. He explains how opening his poems up to piracy is both a political protest and a liberating step towards intellectual sovereignty"

Appeals court strikes a blow for fair use in long-awaited copyright ruling; ArsTechnica.net, 9/14/15

Joe Mullin, ArsTechnica.net; Appeals court strikes a blow for fair use in long-awaited copyright ruling:

"The US Court of Appeals for the 9th Circuit today issued a ruling that could change the contours of fair use and copyright takedown notices.

In an opinion (PDF) published this morning, the three-judge panel found that Universal Music Group's view of fair use is flawed. The record label must face a trial over whether it wrongfully sent a copyright takedown notice over a 2007 YouTube video of a toddler dancing to a Prince song. That toddler's mother, Stephanie Lenz, acquired pro bono counsel from the Electronic Frontier Foundation. The EFF in turn sued Universal in 2007, saying that its takedown practices violated the Digital Millennium Copyright Act.

The judges ruled today that copyright holders "must consider the existence of fair use before sending a takedown notification.""

Copyright Office seeks your comments on its crazy, broken plan to deal with orphan works; BoingBoing.net, 9/14/15

Cory Doctorow, BoingBoing.net; Copyright Office seeks your comments on its crazy, broken plan to deal with orphan works:

"In June, the U.S. Copyright Office announced a widely criticized proposal to create a licensing system to clear these rights, with the goal of facilitating full-text access to copyrighted works for nonprofit and educational uses. The Copyright Office is currently soliciting comments on its proposal.

It’s a good thing that they’re soliciting comments: the proposal the Copyright Office came up with is an unworkable mess, filled with restrictions and gaps in coverage. It doesn’t solve the orphan works problem -- instead, it makes the problem worse, and adds a tax on cash-strapped, desperate libraries to the mix.

The Copyright Office needs to hear why its proposal is a bad idea. Comments are due to the Office by October 9, 2015. I submitted mine (below). You can submit yours online."