In a dark corner of the Trans-Pacific Partnership lurks some pretty nasty copyright law; Washington Post, 9/3/15

David Post, Washington Post; In a dark corner of the Trans-Pacific Partnership lurks some pretty nasty copyright law:

"The copyright issue relates to so-called “orphan works.” As a consequence of many factors — the absurdly long term of copyright protection [life of the author plus 70 years — see my comments here on the liberation of Sherlock Holmes, after a lo-o-ong time, from his copyright shackles], along with the elimination of copyright notice, or copyright registration, requirements as preconditions for copyright protection — there are literally millions upon millions of works — books, letters, songs, articles, poems . . . — created in the ’30s, ’40s, or ’50s that are (a) still protected by copyright, and for which (b) it is virtually impossible to ascertain who owns the copyright, or even whether the copyright is still in force...

The solution is pretty obvious — a true legislative no-brainer: Amend the Copyright Act to eliminate statutory damages for these orphan works. Surely even Congress can see how idiotic it is that this class of invisible rights holders can keep this treasure trove of information out of the public’s hands, and there has indeed been significant movement recently (including a Copyright Office proposal to this effect) toward just such a change.

So what does all this have to do with the TPP? I’m glad you asked. It appears that the latest version of the treaty contains, buried within its many hundreds of pages, language that could require the U.S. to scuttle its plans for a sensible revision of this kind.[I say that this “appears” to be the case, because, of course, the text of the TPP has not been revealed to the public, so all we have are leaked versions appearing from time to time on WikiLeaks.]...

These (and other — poke around at the KEI site for more evidence) copyright provisions in the TPP are pretty dreadful and continue the disturbing trend of making copyright bigger, longer and stronger just when public policy demands the opposite...

[And as an ironic footnote to all this, part of the reason we’re in all this mess, as I mentioned at the start, is that we no longer have a sensible regime for copyright notice and copyright registration. Why don’t we? Because of another international agreement, the Berne Convention on Literary Property, that we acceded to in 1989 (and which prohibits all “copyright formalities).”] We would have been much, much better off on our own on that one."

Inspiration Or Appropriation? Behind Music Copyright Lawsuits; NPR, 9/5/15

Allyson McCabe, NPR; Inspiration Or Appropriation? Behind Music Copyright Lawsuits:

"Where do you draw the line between inspiration and appropriation when it comes to musical compositions? That question is at the heart of several high-profile court cases, including the recent "Blurred Lines" trial and a current copyright-infringement lawsuit involving "Stairway to Heaven." But it isn't always easy to prove a song is yours – particularly when you're up against one of the biggest rock and roll bands of all time."

Disney, Marvel, Lucasfilm & Sanrio slice into cake-frosting seller; ComicBookResources.com, 9/4/15

Kevin Melrose, ComicBookResources.com; Disney, Marvel, Lucasfilm & Sanrio slice into cake-frosting seller:

"Disney, Marvel and Lucasfilm have joined with Sanrio to stop a company from selling unlicensed cake frosting featuring their incredibly lucrative properties.

As first reported by THR, Esq., the entertainment giants filed a trademark- and copyright-infringement lawsuit against George and Danielle Wilson, whose Wilson Cake Imaging offers printed, edible frosting sheets and cake toppers depicting a wide range of characters and performers."

Copyright Office’s online registration hasn’t worked for almost a week; Washington Post, 9/3/15

Peggy McGlone, Washington Post; Copyright Office’s online registration hasn’t worked for almost a week:

"The U.S. Copyright Office’s electronic registration system has been down since Friday, costing the office an estimated $650,000 in lost fees and causing headaches for approximately 12,000 customers.

The outage is part of a bigger computer failure at the Library of Congress, the federal agency that oversees the national library, provides Congress with research advice and operates the Copyright Office, a major player in the global digital economy.

Scheduled maintenance on the library’s James Madison Building resulted in buildingwide power outages, officials said. The library’s information technology office is trying to restore the systems, but officials can’t say when service will return.

“This is pretty significant, and we have to do everything to make sure this never happens again,” said U.S. Register of Copyrights Maria Pallante about the computer crisis. “It’s ridiculous.”"

Outage slams copyright registration system at Library of Congress; FCW, 9/2/15

Adam Mazmanian, FCW; Outage slams copyright registration system at Library of Congress:

"The online system used to register initial copyright claims at the Library of Congress is down. Users looking to obtain copyright on books, art, music, film and other creative works are going to have to mail in paper copies of registration forms for the time being.

The system went down Aug. 29 after scheduled maintenance on the Library's James Madison building, which involved a power shutdown. An equipment failure during the restart resulted in the system, called eCO, going offline, according to a spokesperson for the Architect of the Capitol. The eCO website informs users that there is no "estimated time for service resumption." The spokesperson told FCW via email that the CIO team is "working to restore the system as quickly as possible.""

Can open data prevent a global food shortage?; Guardian, 9/2/15

Sean Hargrave, Guardian; Can open data prevent a global food shortage? :

"As the world goes from seven billion mouths to feed to nearly 10 billion by 2050, the pressure is on to produce 70% more food than today without harming the environment.

It is a huge task that has prompted the G8 countries and 120 governments and organisations around the world to to set up and support the Global Open Data for Agriculture and Nutrition (Godan) initiative. It encourages governments to open up data and help each other’s farmers learn from the information. According to its programme director, Martin Parr, it is the only way a growing population will be fed.

“The world needs a new agricultural revolution and that’s going to come through a data revolution,” he says."

Why Shouldn't Copyright Be Infinite?; Electronic Frontier Foundation (EFF), 9/1/15

Maira Sutton, Electronic Frontier Foundation (EFF); Why Shouldn't Copyright Be Infinite? :

"Australia National University’s Dr. George Barker suggested that New Zealand could do well by strengthening its copyright legislation. He warned against the fair dealing exceptions that have crept into the law and asked, “Why not have copyright law like property law—i.e. it lasts forever?”

That is a good question. And it is an important one as New Zealand and other countries consider extending the term of copyright under the Trans-Pacific Partnership agreement. Current New Zealand law maintains copyright in written and artistic works for 50 years after the death of the writer. Copyright in film and sound recordings is shorter, lasting 50 years from the works being first made available. While the text of the TPP is not yet public, it appears that the agreement would extend copyright’s duration to 70 years from the death of the creator.

So why shouldn’t copyright be infinite?"