Copyright in tattoos - a prickly legal question; Lexology, June 4, 2018

Nicole Smalberger, Adams & Adams; Lexology; Copyright in tattoos - a prickly legal question

[Kip Currier: Posted this story today for my IP and "Open" Movements course. Tattoo-related copyright issues have fast become a topic of fascination--and often, surprise--for the inked and non-inked...]

"Would it ever occur to you that a third party might be able to claim rights in your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case.

A tattoo is an artistic work. If it is original and reduced to a material form (which it very arguably is when it is inked into your skin), copyright subsists. In the case of artistic works, it is the artist or creator of the work who owns the copyright, namely the tattoo artist and not the person on whom the tattoo appears, irrespective of the fact that the latter has paid for his/her tattoo. In short, when you pay your tattoo artist, you pay for the tattoo, not the copyright subsisting in it.

This issue has come up for legal consideration in the United States..."

10 million patents: A celebration of American innovation; Director's Forum: A Blog from USPTO's Leadership, Thursday, June 14, 2018

Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Director's Forum: A Blog from USPTO's Leadership
10 million patents: A celebration of American innovation

"On June 19, the U.S. Patent and Trademark Office will issue patent number 10 million—a remarkable achievement for the United States of America and our agency. More than just a number, this patent represents one of ten million steps on a continuum of human accomplishment launched when our Founding Fathers provided for intellectual property protection in Article 1, Section 8, Clause 8 of our Constitution.

Appropriately, patent number 10 million will be the first issued with a new patent cover design, which we unveiled in March at South by Southwest in Austin, Texas. It was created by a team of USPTO graphic designers including Rick Heddleston, Theresa Verigan, and led by Jeff Isaacs."

10 Million Patents; Patents Through History, U.S. Patent and Trademark office (USPTO), 2018

Patents Through History, U.S. Patent and Trademark office (USPTO); 10 Million Patents

"The United States Patent and Trademark Office (USPTO) will issue the 10 millionth utility patent in summer 2018. This milestone of human ingenuity perhaps exceeds even the Founding Fathers’ expectations when they called for a patent system in the Constitution to “promote the Progress of Science and useful Arts.” Follow the timeline below for important moments, notable inventors, changing patent designs, and other interesting facts over more than two centuries of innovation in America."

“We rely on a quilt of rights”: inside Starbucks’ trademark strategy"; World Trademark Review, June 14, 2018

World Trademark Review; 

“We rely on a quilt of rights”: inside Starbucks’ trademark strategy"

"To counter rampant infringement, the company relies on “a quilt of rights”, including trademark, patent, copyright and design rights, and will often initiate claims that include more than one type of intellectual property. However, before initiating claims, a number of factors are considered. “The team is good about checking in with each other, to ensure consistency in our approach across the globe,” Oktay explains. “We have developed a reputation as vigilant enforcers of our brand rights, but we temper our enforcement with soft approaches in most cases. Most infringement can be resolved amicably in our experience, and a soft approach helps.”

The team comprises four lawyers and eight paralegals, all of whom are based in Seattle, with the exception of one lawyer in Shanghai. “Nearly half of our global enforcement – nearly 1,200 matters – occurs in China, so having a lawyer there is necessary.” As to the characteristics of the team, Oktay is proud that the company hires bright people who are dedicated to its mission. “The paralegals, who handle an enormous volume of work, are truly outstanding at what they do. And, a sense of humour is paramount to success in this group!”"

Expert in Native American intellectual property joins ASU Law Indian Legal Program; Arizona State University, June 11, 2018

Arizona State University; Expert in Native American intellectual property joins ASU Law Indian Legal Program

"In 2007, [Trevor Reed] moved to New York and enrolled at Columbia, beginning a decade-plus of music-inspired study that would result in three master’s degrees, a PhD and a Juris Doctor. He initially went to Columbia hoping to break into the music industry, figuring his best shot at a career in the arts would require being in either New York or Los Angeles.

“When I got there, it opened up so many new issues for me,” Reed said. “It just so happens that Columbia owns this massive archive of Native American musical recordings that I don’t know if anybody had really ever heard about. When I learned about that, it sparked an interest in wanting to return music and other types of archival collections, artifacts and other types of intellectual property back to Native American tribes.”

That led to the Hopi Music Repatriation Project, a joint project of the Hopi Tribe and Columbia University, which Reed began leading as a master’s degree student. Think Indiana Jones, the fictitious archaeologist and university professor, but the complete opposite. Instead of “Raiders of the Lost Ark,” plundering wondrous works from indigenous cultures, it was “Returners of the Lost Art.” The project focused not only on returning recordings and rights, but also working with tribal leaders, educators and activists to develop contemporary uses for the materials.

“I stayed on at Columbia well after my business degree had finished, and I joined the PhD program in ethnomusicology, which is essentially the anthropology of music,” Reed said. “And we just set to work on this project, and it carried through law school, and I was able to refine my work in copyright and cultural property. It’s been an interesting ride.”"

Europe's New Copyright Rules Will Be Devastating to the Internet as We Know It; Motherboard, June 14, 2018

Karl Bode, Motherboard; Europe's New Copyright Rules Will Be Devastating to the Internet as We Know It

"The formal death of net neutrality and the AT&T-Time Warner merger have received plenty of justified attention this week for the numerous ways they will negatively impact free speech and internet competition. But activists, startups, and businesses alike warn that a new copyright proposal out of the European Union has the potential to cause even greater damage to the internet as we know it.

The EU proposal in question is an attempt to shore up existing problems with EU copyright law. But the poorly crafted nature of the effort could have a profoundly negative impact on everything from your ability to share hot memes to the survival of new startups."

5 Common Copyright Misconceptions Held by Photographers; PetaPixel, June 6, 2018

Allen Murabayashi, PetaPixel; 

5 Common Copyright Misconceptions Held by Photographers

"The most recent version of the Copyright Law of the United States (December 2016) weighs in at a whopping 354 pages. And while there are areas of ambiguity, the basics and benefits of copyright registration for photographers are well-documented. Unfortunately, well-documented doesn’t mean well-understood, so we asked attorney (and former photo rep) Leslie Burns to weigh in on a number of common copyright misconceptions that still persist, and why you should register your copyright."