Can you hold copyright in federal law?; Washington Post, 2/8/17

David Post, Washington Post; Can you hold copyright in federal law?

"Unfortunately, I think Judge Chutkan got the copyright analysis correct on this one; there is simply no provision in the Copyright Act that can be read to strip protection for works that become, after their creation, incorporated into the law.

It is a very unfortunate state of affairs. Almost 10 years ago, in response to a similar copyright claim (by the state of Oregon, no less) asserting copyright in the text of its laws, I wrote that “it  is completely outrageous that in 2008 [!!] we do not have a complete and authoritative compendium of all of the laws of the 50 States, and the federal government, available at no cost on the Internet.” It was true then, and it is true now; the idea that one has to purchase a copy of relevant regulatory requirements that you are required, by law, to comply with is outrageous — and the fact that one can consult a hard copy of the regulations at the Office of the Federal Register in Washington does not make it less so."

The Kylie Minogue vs Kylie Jenner trademark battle; BBC News, 2/7/17

BBC News; 

The Kylie Minogue vs Kylie Jenner trademark battle

"Jenner, who first shot to fame in the US reality TV show Keeping Up With the Kardashians, has been trying to trademark the name Kylie in the US.

But she has been blocked by the veteran Australian pop star Minogue, best known for hits such as I Should Be So Lucky and Can't Get You Out Of My Head."

How to access 375,000 beautiful, copyright-free images from New York’s Metropolitan Museum of Art; Quartz, 2/8/17

Thu-Huong Ha, Quartz; 

How to access 375,000 beautiful, copyright-free images from New York’s Metropolitan Museum of Art

"New York’s Metropolitan Museum of Art has released 375,000 images of works from its collection, with no restrictions on what you can do with them. The images, all of art in the US public domain, were previously available online, but with some stipulations about commercial use. You can find them at the digital collection, with “Public Domain Artworks” checked in the left-hand column."

Penn State joining Open Textbook Network to support affordable course content; Penn State News, 1/31/17

Penn State News; 

Penn State joining Open Textbook Network to support affordable course content

"Penn State University Libraries is joining the Open Textbook Network to help support Penn State faculty’s use of and students’ availability to free, openly licensed academic course content.

“Penn State’s membership in the Open Textbook Network supports faculty and students’ access to a large volume of free, openly licensed course content, available online, to help reduce students’ overall cost of attendance,” Joe Salem, the University Libraries’ associate dean for Learning, Undergraduate Services, and Commonwealth Campus Libraries, said. “Joining the Open Textbook Network was one of the recommendations of the University’s Open Educational Resources Task Force as part of a multi-faceted approach to supporting open and affordable course content throughout the curriculum.”

The Open Textbook Network (OTN) helps support colleges and universities’ instructional use of open textbooks and practices. Its Open Textbook Library is the premiere resource for peer-reviewed academic textbooks, all of which are free, openly licensed and complete, according to its website...

Penn State is among the largest universities to join OTN, which was established in fall 2015, and an early supporter among its peer institutions. Other Big Ten Academic Alliance members participating in OTN include the University of Iowa, the University of Minnesota, Ohio State, Purdue, Rutgers, and the Milwaukee and Stout campuses of the University of Wisconsin system."

Restoration Hardware accuses Crate and Barrel of stealing trade secrets; Chicago Tribune, 1/31/17

Ally Marotti, Chicago Tribune; Restoration Hardware accuses Crate and Barrel of stealing trade secrets

"Now Restoration Hardware is trying to stop Crate and Barrel from opening a food and beverage operation in any of its stores for a year.

Crate and Barrel "effectively sought to steal a page from the successful RH playbook," using inside information such as how to sell coffee and wine in the same store in which customers buy stemware and settees, the suit alleges.

Also named as defendants were Crate and Barrel CEO Douglas Diemoz and another top executive, Kimberly Ahlheim, both former Restoration Hardware executives who are accused of stealing trade secrets and breaching contracts with their former employer.

The gallery's planning took years and was risky, court documents say. For much of that time, Diemoz, though based in California, was involved in the company's new business initiatives. The lawsuit says he signed an agreement when he left Restoration Hardware, agreeing not to use the company's proprietary information and not to recruit employees for at least a year."

A Rare Pacific Islander Captivates Its Neighborhood; New York Times, 2/1/17

Serena Solomon, New York Times; 

A Rare Pacific Islander Captivates Its Neighborhood

"According to Emori Tokalau, a governmental liaison to Taveuni’s clan leaders, only the flower’s custodian can tell the true legend. That is Ratu Viliame Mudu, the chief of Somosomo village on the island’s western side.

Mr. Tokalau described the custodianship “as a form of copyright,” giving the holder authority to grant permission for outsiders to visit the flower or use its likeness. He had to get the chief’s approval before using the tagimoucia on his office letterhead, he said.

To receive permission, one must arrive at the village with a sevusevu — a gift or offering — often the traditional root drink kava. A small ceremony is performed, with men in sarongs and women in long skirts gathered around."

We Want a Copyright Office that Serves the Public; Electronic Frontier Foundation (EFF), 2/2/17

Kerry Sheehan and Mitch Stoltz, Electronic Frontier Foundation (EFF); 

We Want a Copyright Office that Serves the Public

"The Copyright Office, and those who lead it, should serve the public as a whole, not just major media and entertainment companies. That’s what we told the leadership of the House Judiciary Committee this week. If Congress restructures the Copyright Office, it has to put in safeguards against the agency becoming nothing more than a cheerleader for large corporate copyright holders...

We’re pleased to see both the Librarian of Congress and the House Judiciary Committee reaching out beyond the traditional players in copyright policymaking, to seek public input on decisions that impact everyone. But that’s just the first step – we need to make sure they’re giving the public’s feedback adequate consideration and that their final decisions represent the interests of everyone. We’ll be watching what they do, and speaking up to make sure that the interests of the public – including Internet and technology users, consumers, and independent creators – are protected."