Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition; [Press Release] U.S. Copyright Office, copyright.gov, June 1, 2017

[Press Release] U.S. Copyright Office, copyright.gov

Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition
Issue No. 666 - June 01, 2017

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Acting Register of Copyrights Karyn Temple Claggett today released a revised draft of the Compendium of U.S. Copyright Office Practices, Third Edition. This draft includes the first proposed updates to the Compendium since its release in December 2014. The public draft is available on the Office’s website at https://copyright.gov/comp3/draft.html. It will go into effect on July 3, 2017.

The Compendium is the administrative manual of the Register of Copyrights concerning the mandate and statutory duties of the Copyright Office under Title 17 of the United States Code. See 37 CFR. § 201.2(b)(7). The proposed updates are the result of a comprehensive review of the Office’s practices and procedures. The draft revisions to the registration chapters clarify how and when the Office communicates with applicants and how it handles duplicate claims, deposit requirements, and claims involving multiple works, among other improvements. The update also provides preliminary guidance for claims involving useful articles based on the Supreme Court’s recent decision in Star Athletica v. Varsity Brands.

The draft revisions to the recordation chapter provide additional guidance for recording notices of termination and information on the Office’s new electronic system for the designation of agents. The draft update also addresses recent changes in the Office’s regulations, including the “mailbox rule” for requests for reconsideration, new procedures for removing personally identifiable information, and changes made by the Office’s technical amendments. For a full accounting of draft Compendium revisions, read more.

Additionally, the Compendium has been reformatted to improve readability for online and offline users. When the revision is released in final form, it will include improved hyperlinks to provide direct access to legal citations and resources on the Office’s website, as well as improved cross-references between chapters.

Public comments on this draft may be submitted from June 1 to June 30 using the provided form. See www.copyright.gov/comp3/draft.html for more information.

How a rigid fair-use standard would harm free speech and fundamentally undermine the Internet; Los Angeles Times, June 1, 2017

Art Neill, Los Angeles Times; How a rigid fair-use standard would harm free speech and fundamentally undermine the Internet

"In a recent Times op-ed article, Jonathan Taplin of the USC Annenberg Innovation Lab claimed that an “ambiguous“ fair use definition is emboldening users of new technologies to challenge copyright infringement allegations, including takedown notices. He proposes rewriting fair use to limit reuses of audio or video clips to 30 seconds or less, a standard he mysteriously claims is “widely accepted.”

In fact, this is not a widely accepted standard, and weakening fair use in this way will not address copyright infringement concerns on the Internet. It would hurt the music, film and TV industries as much as it would hurt individual creators...

Fair use is inextricably linked to our 1st Amendment right to free speech. We are careful with fair use because it’s the primary way consumers, creators and innovators share new ideas. It’s a good thing, and it is worth protecting."

Ivanka Trump's firm seeks new trademarks in China, reviving ethical concerns; CNN Money, June 5, 2017

Jackie Wattles and Jill Disis, CNN Money; Ivanka Trump's firm seeks new trademarks in China, reviving ethical concerns

"Ivanka Trump's business, which mostly makes clothing and accessories, says the latest trademark applications were filed to block others from profiting off of her name, not because she wants to sell the products in China.

But that's still a problem, says Larry Noble, the general counsel for the nonprofit, nonpartisan Campaign Legal Center, a watchdog group.

He said the family's continued ties to their businesses raise questions about whether their profit motives could influence U.S. relations with other countries.

"China knows that to deny these applications would get a negative reaction from the president, and to expedite their approval would get a positive reaction from the president," Noble said."

The U.S. Supreme Court Is Reining in Patent Trolls, Which Is a Win for Innovation; Harvard Business Review, June 2, 2017

Larry Downes, Harvard Business Review; The U.S. Supreme Court Is Reining in Patent Trolls, Which Is a Win for Innovation

"In the last week, the U.S. Supreme Court issued two important rulings limiting patent rights. The decisions, which were both unanimous, significantly scaled back the ability of patent holders to slow innovation by competitors, tipping scales that many legal scholars believe have become badly imbalanced."

Five questions about open science answered; Phys.org, May 30, 2017

Elizabeth Gilbert, Katie Corker, 

Phys.org; Five questions about open science answered

"What is "open science"?

Open science is a set of practices designed to make scientific processes and results more transparent and accessible to people outside the research team. It includes making complete research materials, data and lab procedures freely available online to anyone. Many scientists are also proponents of open access, a parallel movement involving making research articles available to read without a subscription or access fee."

As Computer Coding Classes Swell, So Does Cheating; New York Times, May 29, 2017

Jess Bidgood and Jeremy B. Merrill, New York Times; 

As Computer Coding Classes Swell, So Does Cheating

"In interviews, professors and students said the causes were not hard to pin down.

To some students drawn to the classes, coding does not come easily. The coursework can be time-consuming. Troves of code online, on sites like GitHub, may have answers to the very assignment the student is wrestling with, posted by someone who previously took the course.

“You’ve got kids who were struggling with spending a third of their time on their problem sets with the option to copy from the internet,” said Jackson Wagner, who took the Harvard course in 2015 and was not accused of copying. “That’s the reason why people cheat.”

Complicating matters is the collaborative ethos among programmers, which encourages code-sharing in ways that might not be acceptable in a class. Professors also frequently allow students to discuss problems among themselves, but not to share actual code, a policy that some students say creates confusion about what constitutes cheating."

The Coat of Arms Said ‘Integrity.’ Now It Says ‘Trump.’; New York Times, May 28, 2017

Danny Hakim, New York Times; 

The Coat of Arms Said ‘Integrity.’ Now It Says ‘Trump.’

“Britain’s trademark office would not initially acknowledge the earlier application by Mr. Trump. It provided a copy last month only after The New York Times made a Freedom of Information request, and would not say why the application was rejected, citing a law restricting its ability to release information.

The College of Arms, which oversees coats of arms in England, Wales and Northern Ireland, provided more detail. The emblem originally submitted in 2007 by Mr. Trump to Britain’s trademark office matched one that had been granted to Mr. Davies, an American of Welsh descent who once served as ambassador to the Soviet Union.

“It couldn’t be a clearer-cut case, actually,” said Clive Cheesman, one of the college’s heralds, who oversee coats of arms, their design and their use.

“A coat of arms that was originally granted to Joseph Edward Davies in 1939 by the English heraldic authority ended up being used 10 or 15 years ago by the Trump Organization as part of its branding for its golf clubs,” said Mr. Cheesman, a lawyer by training. “This got them into difficulty.”"