It Took 17 Years: Freelancers Receive $9 Million in Copyright Suit; The New York Times, April 30, 2018

Jaclyn Peiser, The New York Times;It Took 17 Years: Freelancers Receive $9 Million in Copyright Suit

"Seventeen years after nearly 3,000 freelance journalists filed a class-action lawsuit claiming copyright infringement by some of the country’s biggest publishers, the checks are finally in the mail.

The 2,500 writers who made it through the tortuous legal process will start receiving their pieces of a settlement totaling $9 million this week...

The Authors Guild filed the suit — along with the American Society of Journalists and Authors, the National Writers Union and 21 freelance writers named as class representatives — in 2001 after publishers licensed articles by freelancers to the electronic database Lexis/Nexis and other digital indexers without getting the writers’ approval. The publishers include The New York Times, Dow Jones, and Knight Ridder, as well as Reed Elsevier, the provider of Lexis/Nexis.

 

 “For the Authors Guild, this is our bread and butter — to make sure the authors and journalists get paid,” said Mary Rasenberger, the executive director of the Authors Guild."

New privacy rules could spell the end of legalese — or create a lot more fine print; The Washington Post, May 24, 2018

Elizabeth Dwoskin, The Washington Post; New privacy rules could spell the end of legalese — or create a lot more fine print

"“The companies are realizing that it is not enough to get people to just click through,” said Lorrie Cranor, director of the CyLab Usable Privacy and Security Laboratory at Carnegie Mellon University and the U.S. Federal Trade Commission’s former chief technologist. “That they need to communicate so that people are not surprised when they find out what they consented to.”

That has become more apparent in the past two months since revelations that a Trump-connected consultancy, Cambridge Analytica, made off with the Facebook profiles of up to 87 million Americans. Cranor said that consumer outrage over Cambridge was directly related to concerns that companies were engaging in opaque practices behind the scenes, and that consumers had unknowingly allowed it to happen by signing away their rights.

Irrespective of simpler explanations, the impact and success of the GDPR will hinge upon whether companies will try to force users to consent to their tracking or targeting as condition for access to their services, said Alessandro Acquisti, a Carnegie Mellon computer science professor and privacy researcher. "This will tell us a lot regarding whether the recent flurry of privacy policy modifications demonstrates a sincere change in the privacy stance of those companies or is more about paying lip service to the new regulation. The early signs are not auspicious.""

Public Knowledge Welcomes Sen. Wyden’s ACCESS to Recordings Act; Public Knowledge, May 23, 2018

Shiva Stella, Public Knowledge; Public Knowledge Welcomes Sen. Wyden’s ACCESS to Recordings Act

"Today, Senator Wyden (D-OR) introduced the ACCESS to Recordings Act, which would extend federal copyright protection to pre-1972 sound recordings, and in doing so, harmonize them with their modern counterparts. Public Knowledge applauds Senator Wyden for acknowledging the injustices posed by the current system and fighting to rationalize our copyright law.

 The CLASSICS Act, a flawed bill that would hurt consumers, was recently incorporated into the Music Modernization Act, a larger bill addressing other issues in music licensing. Public Knowledge supports the ACCESS to Recordings Act because it provides full federal protection for pre-1972 sound recordings -- something the CLASSICS Act avoids."

No one’s ready for GDPR; The Verge, May 22, 2018

Sarah Jeong, The Verge; No one’s ready for GDPR

"The General Data Protection Regulation will go into effect on May 25th, and no one is ready — not the companies and not even the regulators...

GDPR is only supposed to apply to the EU and EU residents, but because so many companies do business in Europe, the American technology industry is scrambling to become GDPR compliant. Still, even though GDPR’s big debut is bound to be messy, the regulation marks a sea change in how data is handled across the world. Americans outside of Europe can’t make data subject access requests, and they can’t demand that their data be deleted. But GDPR compliance is going to have spillover effects for them anyway. The breach notification requirement, especially, is more stringent than anything in the US. The hope is that as companies and regulatory bodies settle into the flow of things, the heightened privacy protections of GDPR will become business as usual. In the meantime, it’s just a mad scramble to keep up."

How The Recording Industry Hid Its Latest Attempt To Expand Copyright (And Why You Should Call Your Senator To Stop It); Techdirt, May 21, 2018

Mike Masnick, Techdirt; How The Recording Industry Hid Its Latest Attempt To Expand Copyright (And Why You Should Call Your Senator To Stop It)

"Larry Lessig has a piece over at Wired where he explains how this is really just the latest attempt at copyright extension. Earlier this year, we had noted (happily!) that it appeared that the usual crew of copyright maximalists had appeared to give in, saying they had no intention to push for any sort of copyright term extension this year, meaning that for the first time in decades in the US, some works may actually enter the public domain on January 1st next year. And while the CLASSICS Act isn't a straight-up copyright term extension, it is a form of copyright expansion on old works, done for no other purpose than to give the copyright holders more ways to extract money, without any corresponding public benefit. As Lessig notes, this is explicitly a welfare system for musicians...

Now, I should note that I've seen some recording industry lobbyists mocking Lessig's piece, claiming that how could he be against supporting musicians. This, of course, is the whole setup of this bill. It's designed -- like so many copyright expansions in the past -- to make it hard for people to question, because, really, who doesn't want to support the content creators we like? But that ignores the other side of this equation. Copyright is designed to benefit the public. The whole setup is to give an exclusivity to content creators for a limited time in order to give them the incentive to create.

 For EVERY SINGLE WORK that would be impacted by this bill, that incentive worked. It worked decades and decades ago. Those recordings were all created prior to 1972. So why do they now need more incentive for the works that were already created? And why, if we're giving them more incentive, does the public not get anything back in return? That's the hidden part that the lobbyists and think tank shills for the recording industry are hoping you'll ignore. The "expansion" here is at the expense of the public. And it's a big expense. For no benefit at all. The copyright system was an incentive system for creation, in the recognition that it would then help the public get access to content. But the CLASSICS Act flips that over. It takes away from the public and provides no new incentives to anyone."

Music Modernization Act Gains Momentum in Senate; Variety, May 15, 2018

Ted Johnson and Paula Parisi, Variety; Music Modernization Act Gains Momentum in Senate

"[Smokey] Robinson spoke forcefully on behalf of the MMA and particularly the CLASSICS Act, sharing how a few years ago, he audited the digital services playing his music and found they owed him $250,000. After confronting them, he was offered $12,000 and told, “If you don’t like it, sue us.” Robinson noted there are few artists with the economic means to take on that sort of battle, concluding “We need your help!’”

The legislation passed the House unanimously last month, and it also includes sweeping changes to the licensing regime for digital music services. A Senate version was recently introduced.

The Senators seemed inclined to provide that help."

Patent and trademark office coming to Durango; The Durango Herald, May 18, 2018

Patrick Armijo, The Durango Herald; Patent and trademark office coming to Durango

"Several workshops with officials from the U.S. Patent and Trademark Office in Alexandria, Virginia, are planned for Tuesday and registration for the workshops has been extended until Monday.

The workshop schedule includes: 

9:15-10:30 a.m.: An Overview of Patents, Trademarks, Copyrights and Trade Secrets. 

10:45 to noon: Conducting Preliminary Federal Trademark Search Using USPTO Website.

1:30 to 2:30 p.m.: Seven-Step Strategy for Preliminary U.S. Patent Search Using USPTO Databases.  

2:45 to 3:15 p.m.: Non-USPTO Solicitations and Invention Promotion Scams: Asking the Right Questions.

 3:15-4:15 p.m.: A local panel for resources on patent and trademark issues with Ken Freudenberg, an intellectual property attorney; Ryan Finnigan, co-founder of the Maker Lab at the Powerhouse Science Center; Mark Radtke, assistant regional director for the Rocky Mountain Regional Patent and Trademark Office in Denver; John Wolgamott, president of StoneAge Inc.; and Roger Zalneraitis, executive director of La Plata Economic Development Alliance."

‘Westworld’ Season 2: Seven Big Things We Still Don’t Know at Midseason; The New York Times, May 21, 2018

Scott Tobias, The New York Times; ‘Westworld’ Season 2: Seven Big Things We Still Don’t Know at Midseason

[SPOILERS BELOW]





"Delos cares about its intellectual property. The theme parks are merely a means to an end — that much was clear from the first season, even clearer from the second, in which recovering Dolores’s father, Peter Abernathy (Louis Herthum), has been a top priority.”

Hasbro trademarks Play-Doh's distinctive "sweet, slightly musky" scent; CBS, May 18, 2018

CBS; Hasbro trademarks Play-Doh's distinctive "sweet, slightly musky" scent

"Hasbro has trademarked the scent of Play-Doh. The toy company on Friday announced that the United States Patent and Trademark Office has recognized Play-Doh's distinctive smell with a registered trademark, something rarely issued for a scent."

Law Professors Urge Senate Judiciary Committee to Reject or Amend CLASSICS Act; Public Knowledge, May 15, 2018

Press Release, Public Knowledge; Law Professors Urge Senate Judiciary Committee to Reject or Amend CLASSICS Act

"Yesterday, more than 40 intellectual property law professors sent a letter to the Senate Judiciary Committee’s Chairman Chuck Grassley (R-IA), Ranking Member Dianne Feinstein (D-CA), and all members of the committee, urging them to reject or, at a minimum, amend the CLASSICS Act to ensure that its provisions are in line with existing federal copyright law.

The Senate recently combined the Classics Act, a flawed bill that hurts consumers, with the Music Modernization Act, a bill that creates a database of songwriters and performers to ensure that creators receive fair compensation for their work. Public Knowledge supports the Music Modernization Act, but agrees with these law professors that the CLASSICS Act harms the public interest. Public Knowledge contends that the CLASSICS Act fails to provide full federal protection for pre-1972 sound recordings, making it out of sync with the rest of copyright law. 

The following can be attributed to Meredith Rose, Policy Counsel at Public Knowledge:

 “The expert consensus is clear: The CLASSICS Act is a problematic attempt to shortcut full federalization of pre-1972 copyrights. At best a half-measure, at worst a ploy to avoid difficult but necessary conversations about artist and consumer rights, CLASSICS complicates the status of legacy recordings without any countervailing benefit to protect nonprofit users and archivists. We welcome the insight of the more than 40 professors on this letter and look forward to working to bring true reform and harmonization to these works.”  

You may view the letter here. You may also view Meredith Rose’s testimony from today’s hearing on “Protecting and Promoting Music Creation for the 21st Century” for more information on the CLASSICS Act and why it should be amended or rejected from the Music Modernization Act."

Congress' Latest Move to Extend Copyright Protection Is Misguided; Wired, May 18, 2018

Lawrence Lessig, Wired; Congress' Latest Move to Extend Copyright Protection Is Misguided

"That this statute has nothing to do with the constitutional purpose of “promot[ing] Progress” is clear from its very title. The “Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act” (or CLASSICS) is as blatant a gift without any public return as is conceivable. And it's not just a gift through cash; it's a gift through a monopoly regulation of speech. Archives with recordings of music from the 1930s or 1940s would now have to clear permission before streaming their musical content even if the underlying work was in the public domain.

Yet there is no registry of these owners anywhere. And while massive digital suppliers, such as Apple Music and Spotify, could probably afford to carry the burden, no public or non-profit website could even begin to bear the cost of assuring they were not committing a crime. The act doesn’t harmonize American law with international law. Indeed, it creates more disharmony. No other jurisdiction creates a similar right anywhere. The act is simply a gift, paid for by further weakening the ability of archivists to keep our culture accessible. That’s why more than 40 professors of intellectual property of all political stripes signed a letter this week asking Congress to reject the CLASSICS Act."

States Offer Information Resources: 50+ Open Data Portals; Forbes, April 30, 2018

Meta S. Brown, Forbes; States Offer Information Resources: 50+ Open Data Portals

"The United States federal open data portal, data.gov, launched in May, 2009, with just 47 datasets. It was not an instant hit.

 Today, with more 200,000 datasets, it’s a lot more popular. Still, real-life demands for information about our governments, people and economy exceed the supply of available data.

The creation of a centralized portal for federal government data has fostered open data initiative across the country. Dozens of cities have established their own open data portals (here are 90 examples).

 In the 50 years since the federal Freedom of Information Act was passed, US states have been gradually introducing similar laws (see freedom of information laws by state). Likewise, many are now developing state-level open data portals.


These state data resources vary in style and depth. Some look much like data.gov, and include a wide variety of datasets. But not every state has a comprehensive data portal yet, let alone deep selections of data.

Here’s a listing of general and geographic open data portals for US states, plus the District of Columbia and Puerto Rico..."

Europe’s open-access drive escalates as university stand-offs spread; Nature, May 17, 2018

Holly Else, Nature; Europe’s open-access drive escalates as university stand-offs spread

"Bold efforts to push academic publishing towards an open-access model are gaining steam. Negotiators from libraries and university consortia across Europe are sharing tactics on how to broker new kinds of contracts that could see more articles appear outside paywalls. And inspired by the results of a stand-off in Germany, they increasingly declare that if they don’t like what publishers offer, they will refuse to pay for journal access at all. On 16 May, a Swedish consortium became the latest to say that it wouldn’t renew its contract, with publishing giant Elsevier.

Under the new contracts, termed ‘read and publish’ deals, libraries still pay subscriptions for access to paywalled articles, but their researchers can also publish under open-access terms so that anyone can read their work for free.

Advocates say such agreements could accelerate the progress of the open-access movement. Despite decades of campaigning for research papers to be published openly — on the grounds that the fruits of publicly funded research should be available for all to read — scholarly publishing’s dominant business model remains to publish articles behind paywalls and collect subscriptions from libraries (see 'Growth of open access'). But if many large library consortia strike read-and-publish deals, the proportion of open-access articles could surge."

New Guidelines For Tech Companies To Be Transparent, Accountable On Censoring User Content; Intellectual Property Watch, May 7, 2018,

Intellectual Property Watch; New Guidelines For Tech Companies To Be Transparent, Accountable On Censoring User Content

"The Electronic Frontier Foundation (EFF) called on Facebook, Google, and other social media companies today to publicly report how many user posts they take down, provide users with detailed explanations about takedowns, and implement appeals policies to boost accountability.

EFF, ACLU of Northern California, Center for Democracy & Technology, New America’s Open Technology Institute, and a group of academic experts and free expression advocates today released the Santa Clara Principles, a set of minimum standards for tech companies to augment and strengthen their content moderation policies. The plain language, detailed guidelines call for disclosing not just how and why platforms are removing content, but how much speech is being censored. The principles are being released in conjunction with the second edition of the Content Moderation and Removal at Scale conference. Work on the principles began during the first conference, held in Santa Clara, California, in February.

“Our goal is to ensure that enforcement of content guidelines is fair, transparent, proportional, and respectful of users’ rights,” said EFF Senior Staff Attorney Nate Cardozo."

Meet IP Nani, Modi Government's Intellectual Property Mascot; India Times, May 17, 2018

Bobins Abraham, India Times; Meet IP Nani, Modi Government's Intellectual Property Mascot

"Minister of Commerce and Industry Shri Suresh Prabhu has launched the government's Intellectual Property (IP) mascot – IP Nani – at the conference on National Intellectual Property Rights Policy in New Delhi. 

Speaking on the occasion, the Minister said that protection of Intellectual Property Rights is critical for building a knowledge-based society...

Mascot IP Nani is a tech-savvy grandmother who helps the government and enforcement agencies in combating IP crimes with the help of her grandson “Chhotu” aka Aditya. The IP mascot will spread awareness about the importance of Intellectual Property Rights (IPRs) among people, especially children, in an interesting manner."

Why ‘Fahrenheit 451’ Is the Book for Our Social Media Age; The New York Times, May 10, 2018

Ramin Bahrani, The New York Times;  

Why ‘Fahrenheit 451’ Is the Book for Our Social Media Age

[Kip Currier: Looking forward to seeing this May 19th-debuting HBO adaptation of Ray Bradbury's ever-timely Fahrenheit 451 cautionary intellectual freedom tale, starring Michael B. Jordan as a book-burning-fireman-turned-book-preserver.]

"Burning books in the film posed a legal challenge. The cover art of most books is protected by copyright, and in most cases we were unable to obtain permission to display it — let alone burn it on camera. So the art directors for my film designed countless original book covers that we could burn."

Free textbooks? Federal government is on track with a pilot program.; The Washington Post, May 8, 2018

Danielle Douglas-Gabriel, The Washington Post; Free textbooks? Federal government is on track with a pilot program.

"Proponents of open-educational resources have said the investment from Congress could further efforts to save students money on course materials. The cost of print textbooks soared 65 percent in the past decade, although prices are moderating, according to the Bureau of Labor Statistics. Academic publishers have maximized profits from college textbooks by setting high prices to recoup their investment and to offset limited sales.

Against that backdrop, open-source textbooks have emerged as a cost-effective solution for cash-strapped students. Open-educational resources include many of the same digital textbooks, streaming videos, tests and software that are produced by big-name publishers. Students can download the material free or print copies for a nominal price.

OpenStax, a nonprofit tied to Rice University in Houston, is one of the largest providers of open-source books. The company relies on funding from philanthropists, such as the Gates Foundation, to produce peer-reviewed digital textbooks for free and print versions for up to $55."

USPTO Designates Durango, Colorado Public Library a Patent and Trademark Resource Center; Press Release, U.S. Patent and Trademark Office (USPTO), May 15, 2018

Press Release, U.S. Patent and Trademark Office (USPTO); USPTO Designates Durango, Colorado Public Library a Patent and Trademark Resource Center

"The United States Patent and Trademark Office (USPTO) today announced the grand opening of the newest Patent and Trademark Resource Center (PTRC) at the Durango Public Library in Durango, Colorado on Tuesday May 22, 2018. A free public program

(link is external), “Researching Patent and Trademark Information: Essential Information You Need to Protect Your Intellectual Property” will be presented.

The Durango Public Library will be the second PTRC in the State of Colorado. It will serve residents in southwestern Colorado and northern New Mexico. The Durango Public Library is in the Four Corners region of Colorado, which includes the Ute Mountain Ute and Southern Ute Nations. The library will support entrepreneurs throughout the region seeking patent and trademark protection for their intellectual property. USPTO-trained librarians will assist patrons using the agency’s patent and trademark databases.

PTRCs are a nationwide network of public, state, and academic libraries that provide free services, including assistance in accessing patent and trademark documents, help in using USPTO databases, and aid in identifying resources on the USPTO website. They support inventors, intellectual property attorneys and agents, business people, researchers, entrepreneurs, students, historians, and members of the public unable to visit USPTO campuses. PTRCs also host public seminars on IP topics for novice and experienced innovators.

The PTRC Program began in 1871 when federal law first provided for the distribution of printed patents to public libraries. The addition of the Durango Public Library to the PTRC network makes a total of 86 resource centers located in 48 states, the District of Columbia, and Puerto Rico.

A list of current PTRC libraries can be found on the USPTO's Web site at www.uspto.gov/ptrc."

The Blurred Lines of Copyright Law Are Limiting Musical Creativity; The Recorder, Law.com, May 14, 2018

Christopher J. Buccafusco, The Recorder, Law.com; The Blurred Lines of Copyright Law Are Limiting Musical Creativity

"The real issue, however, is that pop musicians simply may be running out of creative space. And this problem is being exacerbated by the behaviors of what we might call “legacy” interests—parties who own copyright interests in already-created songs but who won’t be making any new music.

I have argued, with my colleagues Stefan Bechold and Christopher Sprigman, that any field of creative production has a certain “innovation space.” This space represents the world of possible solutions to a given creative problem. At the beginning of a field, whether sonata form or smartphone design, the innovation space is wide open. Anyone is free to do almost anything. Over time, however, portions of the innovation space get filled by intellectual property rights. The earliest creators fill up the innovation space with their copyrights and patents, limiting the options for newcomers. Newer creators are faced with a dilemma in which they must either find a portion of the innovation space that hasn’t been claimed or pay a license fee to one of their predecessors."

Japan wants to teach kids how to patent their ideas; Nikkei Asian Review, May 14, 2018

Natsuko Segawa, Nikkei Asian Review; Japan wants to teach kids how to patent their ideas

"[The Japanese government] revised its curriculum guidelines in March 2017, calling on elementary and junior high schools to voluntarily begin intellectual property education in the 2018 academic year, which began in April.

Beginning with the 2020 school year, elementary school textbooks will devote more space to intellectual property matters. Junior high school textbooks will follow a year later.

One lesson could be on how to legally quote or sample copyrighted works. Another could be to let children think about how to improve everyday objects, say a bookend."

Copyright infringement lawsuits make Indy skyline photo worth a lot more than 1,000 words; IndyStar, May 8, 2018

Mark Alesia, IndyStar; Copyright infringement lawsuits make Indy skyline photo worth a lot more than 1,000 words

"There have been about 200 infringement cases, including two judgments of $150,000 apiece in Bell's favor. Usually, companies or their liability insurance settle the claim. Those who don't settle or don't respond will become part of his steady stream of copyright infringement lawsuits in federal court in Indianapolis. 

Just in higher education, Bell has gone after Indiana University, Purdue University, the University of Indianapolis and Marian University. Even the University of Washington.

"It happened to be a professor on the University of Washington staff that used it," Bell said. "He was promoting a conference he was having in Indianapolis.""

Romance writer ignites copyright war after securing ownership of the word ‘cocky’; New York Daily News, May 10, 2018

Leonard Greene, New York Daily News; Romance writer ignites copyright war after securing ownership of the word ‘cocky’

[Kip Currier: Another "teachable moment" about confusion between copyrights and trademarks...The article writer repeatedly talks about "copyright", though this is clearly a trademark issue.

A tip-off too is when the reporter says people are petitioning the U.S. Patent and Trademark Office to cancel the copyright: the U.S. Copyright Office--as the eponymous name helpfully telegraphs--handles copyrights.]

"Faleena Hopkins, author of "Cocky Cowboy," "Cocky Soldier," "Cocky Biker" and "Cocky Brothers" insists she's not being full of herself by cornering the market on cocky.

She says she's just protecting her brand.

"I receive letters from readers who lost money thinking they bought my series," Hopkins tweeted after the cocky copyright clash. "I'm protecting them and that's what trademarks are meant for...

In the meantime, more than 20,000 people have signed a petition to the U.S. Patent and Trademark Office asking it to cancel the "cocky" copyright."

How copyright law hides work like Zora Neale Hurston’s new book from the public; The Washington Post, May 7, 2018

Ted Genoways, The Washington Post; How copyright law hides work like Zora Neale Hurston’s new book from the public

"Now, according to the Vulture introduction, the Zora Neale Hurston Trust has new representation, interested in getting unpublished works into print and monetizing those archives. That’s great, from a reader’s perspective, but it also reveals a larger problem where scholarship of literature between World War I and II is concerned. It’s mostly due to the Walt Disney Co.’s efforts to protect ownership of a certain cartoon mouse. Over the years, the company has successfully worked to extend copyright restrictions far beyond the limits ever intended by the original authors of America’s intellectual property laws. Under the original Copyright Act of 1790, a work could be protected for 14 years, renewable for another 14-year term if the work’s author was still alive. In time, the maximum copyright grew from 28 years to 56 years and then to 75 years. In 1998, Sonny Bono championed an extension that would protect works created after 1978 for 70 years after the death of the author and the copyright of works created after 1922 to as long as 120 years.


This worked out great for Disney — which, not coincidentally, was founded in 1923 — but less so for the reputations of authors who produced important work between the 1920s and 1950s. Because copyright law became such a tangle, many of these works have truly languished. Here, Hurston is the rule rather than the exception. I have a file that I’ve kept over the years of significant unpublished works by well-known writers from the era: William Faulkner, Langston Hughes, William Carlos Williams, Hart Crane, Sherwood Anderson and Weldon Kees, among others. The works aren’t really “lost,” of course, but they are tied up in a legal limbo. Because of the literary reputations of those writers, their unpublished works will eventually see the light of day — whenever their heirs decide that the royalties are spreading a little too thin and there’s money to be made from new works. But other important writers who are little-known or unknown will remain so because they don’t have easily identifiable heirs — or, worse, because self-interested, or even uninterested executors, control their estates."

10 intellectual property tips for startup companies; Pittsburgh Business Times, April 30, 2018

John Thomas and Jeremy Harrison  – Vorys, Pittsburgh Business Times; 10 intellectual property tips for startup companies

"Obtaining and securing intellectual property (IP) rights is often not a high priority with startup companies. Rather, startups commonly focus most efforts on obtaining financing, building a brand, and effective marketing strategies. 

Securing company IP, however, such as patents, trade secrets, trademarks, and copyrights, is vital since doing so creates a legal barrier to competition. Company IP can be a revenue generator through strategic licensing or IP transfer, and is often crucial in valuation for venture funding purposes. 

The following are some tips and strategies for startups to manage company IP."

[Podcast] HOW TO PROTECT YOUR INTELLECTUAL PROPERTY | CAPE TALK RADIO; Cape Talk Radio, 2018

[Podcast] Cape Talk Radio; HOW TO PROTECT YOUR INTELLECTUAL PROPERTY | CAPE TALK RADIO

"How can creatives defend their work from intellectual property theft? Partner, Steven Yeates, talks to Cape Talk’s Mpho Molotlegi about patents, designs, copyright and trade marks – and provides practical examples for monetising your creative assets."

Blurred Lines Songwriters Have Got to Give It Up for the Gaye Family: Pharrell Williams v. Frankie Christian Gaye; The National Law Review, April 27, 2018

Jodi Benassi, The National Law Review; Blurred Lines Songwriters Have Got to Give It Up for the Gaye Family: Pharrell Williams v. Frankie Christian Gaye

"The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s judgment after a jury trial, ruling that the song “Blurred Lines” infringed Marvin Gaye’s 1970s song “Got To Give It Up.” Pharrell Williams, et al. v. Frankie Christian Gaye, et al., Case No. 15-56880 (9th Cir., Mar. 21, 2018) (Smith, J) (Nguyen, J, dissenting)...

Judge Nguyen issued a strong dissent, stating that the decision allowed the Gayes to accomplish what no one has before: copyrighting a musical style. In her view, the two works were not objectively similar as a matter of law under the extrinsic test because they differed in melody, harmony and rhythm. She believed the majority established a dangerous precedent that strikes a devastating blow to future musicians and composers everywhere."