Copyright vs. Conscience: Lawyering Up Isn’t Always the Right Move; PetaPixel, August 21, 2018

Blair Bunting, PetaPixel; Copyright vs. Conscience: Lawyering Up Isn’t Always the Right Move

"You read stories about photographers going after copyright abuse all the time, and it’s nearly always justified. In this case, I hope you can agree with me that seeking monetary compensation through legal recourse was not the right move. Sometimes you have to step back and remember that this may be a business, but it’s a business that relies on people. Once in a while, you have to remember that everyone featured in a photograph is a human, and as such all deserve compassion.

Rest in peace, Old Man."

Face-PALM: US Patent and Trademark Office database down for 5 days and counting; The Register, August 20, 2018

Richard Speed, The Register; Face-PALM: US Patent and Trademark Office database down for 5 days and counting

"The Patent Application Locating and Monitoring (PALM) database forms the backbone of a distressingly large number of US Patent and Trademark Office (USPTO) systems and, during some maintenance at 04:30 ET on 15 August, "experienced an issue".

More than five days on, PALM is still down. As such, this is more akin to the Titanic experiencing an iceberg "issue" rather than a straightforward turn it off and on again.

Systems impacted include the USPTO's Electronic Filing System (EFS), the Public and Private Patent Application Retrieval (PAIR) systems and the Electronic Patent Assignment (ePAS) among others.

36 hours after the outage began, the USPTO kicked off its contingency systems so users could at least still file patents (in theory), if not access saved submissions. Users were not convinced."

Legal Counsel: Can you copyright a tweet?; The Oklahoman, August 19, 2018

Terry L. Watt, PhD, The Oklahoman; Legal Counsel: Can you copyright a tweet?

"Although there is no clear rule concerning the ability to copyright tweets, it is likely that in most cases they are not eligible. Still, when in doubt, getting permission from the author is always advised."

The Key to the Sharp Objects Mystery Is in the Music; Esquire, August 12, 2018

Matt Miller, Esquire; The Key to the Sharp Objects Mystery Is in the Music

[Kip Currier: HBO's 8-episode "Sharp Objects" is a thought-stirring, unflinching exhumation on the roles of "memory" and "place" in people's lives, as witnessed via the POV of childhood trauma survivor-cum-journalist Amy Adams' tragi-heroine. Music plays an inseparable role in the show's haunting story-telling and this Esquire article sheds fascinating light on the creative, collaborative spirit between director Jean-Marc Vallée and rock music icon band Led Zeppelin, whose songs stand out memorably in some key episodes.]

"Miraculously, [Led Zeppelin] liked the idea so much they approved not one but four songs; they also gave Vallée free reign to play as much of the tracks as he wanted and even layer them over each other to make his own atmosphere. “I think I fell on the floor,” Jacobs says of when she got the call, hearing that the songs had been approved. “Like, wow, this was so unprecedented, because they rarely ever let you use more than one song, and [we could] use the songs multiple times.”

The difference with Sharp Objects was Vallée’s approach to his soundtracks, which isn’t music as background music, but rather an integral part of the story and characterization."

How Aretha Franklin’s ‘Respect’ Became a Battle Cry for Musicians Seeking Royalties; The New York Times, August 17, 2018

Ben Sisario, The New York Times; How Aretha Franklin’s ‘Respect’ Became a Battle Cry for Musicians Seeking Royalties

"It was Aretha Franklin’s first No. 1 hit, the cry of empowerment that has defined her for generations: “Respect.”

But for the roughly seven million times the song has been played on American radio stations, she was paid nothing.

When Ms. Franklin died on Thursday at age 76, fans celebrated the song all over again as a theme for the women’s rights movement. But in the music industry, “Respect” has also played a symbolic role in a long fight over copyright issues that, advocates say, have deprived artists like Ms. Franklin of fair royalty payments...

[Aretha Franklin] also added what became the song’s signature line: “R-E-S-P-E-C-T / Find out what it means to me.” 

Ms. Franklin’s reinvention of Mr. Redding’s song has continued to fascinate critics. Peter Guralnick, the author of books like “Sweet Soul Music: Rhythm and Blues and the Southern Dream of Freedom,” noted that she transformed the original meaning “not so much by changing the lyrics, as by the feeling that she imparted on the song — so that ‘Respect’ became a proclamation of freedom, a proclamation of feminism, a proclamation of an independent spirit.”"

Cosplayers at Steel City Con, Pittsburgh, Pennsylvania, August 10-12, 2018

[Kip Currier]

Cosplayers at Steel City Con, Pittsburgh, Pennsylvania, August 10-12, 2018

Steel City Con's summer event was August 10-12, 2018 at the Monroeville Convention Center in suburban Pittsburgh. The Q & A session with film and stage star Kathleen Turner (Body Heat; Romancing The Stone; Serial Mom; Broadway's Who's Afraid of Virginia Wolff?) was entertaining and refreshingly candid, as The Pittsburgh Post-Gazette described here.

I had some illuminating IP-related conversations with several vendors at the Con and will have a post about that soon.

Cosplayers representing diverse genres and characters were in abundance...and I snagged some great photos of them (thanks for the impressive clarity, Google Pixel 2 camera!).

Sundry denizens of the Star Wars universe roamed the Con: 

Yes...Even Stormtroopers can't put down their phones:

DC heroes, anti-heroes, and villains posed proudly:

Marvel characters from The Avengers (plus Your Friendly Neighborhood Spider-Man, on loan from Sony) may have been on the lookout for Infinity Stones...and Thanos:

While the Guardians of the Galaxy in attendance (Mantis, Gamora, and Star Lord--with Baby Groot perched on his shoulder) may have been looking for teammates Drax and Rocket, as well as a script and a director for their eagerly-anticipated Threepeat flick:

[*Spoiler Alert*] 
Three of these four characters (Nick Fury, Wasp, Ant-Man, and Black Panther) disappeared with a snap in 2018's Avengers: Infinity War and Ant-Man and The Wasp.
Know which one didn't disappear?

See you in July 2019, Spider-Man: Far From Home...

Some of Marvel's most famous mutants--soon to be joining the Marvel Cinematic Universe (MCU)--were in the house:

Frank "The Punisher" Castle looked battle-tested and battle-ready:

Wizards with wands wandered the walkways:

Along with eclectic characters--like Ghost Spider (formerly Also Known As Spider-Gwen), Deadpool-cum-painter-Bob-Ross, and Captain Morgan (representing the Rum-imbibing community):

Raytheon CEO: Why Your Own Employees Could Be Your Greatest Threat; Fortune, August 14, 2018

Thomas A. Kennedy, Fortune;

Raytheon CEO: Why Your Own Employees Could Be Your Greatest Threat

"Is there a bounty on your intellectual property?

It’s more likely than you think. Earlier this month, news broke that FBI agents investigating a case of corporate cyber theft seized a handbook revealing what China was willing to pay to “individuals or entities who can provide certain technologies.”

Nation-states have been using cyber hacking to actively target valuable intellectual property, or IP, for years. However, what may be startling to the public is that state-sponsored IP theft is so organized and methodical; criminal hackers receive catalogs of the most-wanted technologies, referred to as “collection requirements,” each with associated bounties.

For business, university, and research lab leaders, it begs a couple of questions: Do any of your employees have such handbooks? And if they were stockpiling and exporting sensitive data, would you know before it was too late?"

Two skyline photo cases, two different results; Lexology, August 9, 2018

Thompson Coburn LLP - Mark Sableman, 

Lexology; Two skyline photo cases, two different results

"Two cases involving photographs of city skylines illustrate what is, and isn’t, copyright infringement."

Intellectual Property The Hard Way: Part I; Forbes, August 7, 2018

Mary Juetten, Forbes;

Intellectual Property The Hard Way: Part I

  

[Kip Currier: Cautionary real-world tale about the vital need for Intellectual Property literacy, and "consulting with a lawyer on a regular basis", as the author of this article--the first in a Forbes series of "IP Tales from the Crypt"-esque stories--encourages.]

"In the startup tips series, both the need for intellectual property (IP) protection and foundational protections, like employment and contract agreements were outlined. However, I would like to shift gears now and start a series of lessons learned or in some cases, IP horror stories. If you are interested in contributing please see below.

I spoke with New Orleans lawyer, Andrew Legrand of Spera Law about an interesting cautionary tale concerning an artist who had developed a logo for a small business about ten years prior and the business that paid for it but did not have the rights assigned.  In other words, you do not necessarily get what you pay for. There will be a theme in our stories where clients either do not know that they need to identify and protect their IP or they consciously decide that it’s not worth the time or money."

A Presentation on Legal Issues for Podcasters - Who Owns What?; Lexology, August 3, 2018

Wilkinson Barker Knauer LLP - David Oxenford,

Lexology; A Presentation on Legal Issues for Podcasters - Who Owns What?

"Last week, I spoke at Podcast Movement 2018 – a large conference of podcasters held in Philadelphia. My presentation, Legal Issues In Podcasting – What Broadcasters Need to Know, was part of the Broadcasters Meet Podcasters Track. The slides from my presentation are available here. In the presentation, I discussed copyright issues, including some of the music rights issues discussed in my articles here and here, making clear that broadcaster’s current music licenses from ASCAP, BMI, SESAC and even SoundExchange don’t provide them the rights to use music in podcasts. Instead, those rights need to be cleared directly with the holders of the copyrights in both the underlying musical compositions as well as in any sound recording of the song used in the podcast."
 

Seeking a Vulgar Trademark? Better Wait for Supreme Court Review; Bloomberg News, August 1, 2018

Susan Decker, Bloomberg News; Seeking a Vulgar Trademark? Better Wait for Supreme Court Review

"The U.S. Patent and Trademark Office has placed suspensions on trademark applications that contain “scandalous or vulgar” words while it considers whether to ask the Supreme Court to look at the issue...

There’s always the chance that the trademark office will put other roadblocks in front of applications even if the “scandalous” standard goes away, like saying that the trademark doesn’t really identify the source of a good or service, or that it’s only an ornamental use.

And there’s no indication the ruling has led to a rise in applications for what many would consider hate speech, Baird said. One reason -- you have to pay the application fees and show you actually are using the trademark."

A conversation with Kareem Abdul-Jabbar at the 2018 Trademark Expo; Director's Forum: A Blog from USPTO's Leadership, August 6, 2018

Guest blog by Linda Hosler, Deputy Program Manager for USPTO partnerships;
A conversation with Kareem Abdul-Jabbar at the 2018 Trademark Expo

"On July 27 and 28, guests poured in to the Smithsonian’s National Museum of American History to participate in the 2018 National Trademark Exposition. This free biennial event supports the USPTO’s mission of educating the public about the vital role intellectual property protections—in this case trademarks— play in our increasingly competitive global marketplace. More than twenty exhibitors, including government entities, non-profits, small businesses, and corporations from all over the country provided thought-provoking interactive displays and educational workshops.

Keynoting at this year’s expo was NBA All-Star, author, and entrepreneur, Kareem Abdul-Jabbar. I had the opportunity to sit down with Abdul-Jabbar to find out what made him the industry giant he is today—not surprisingly, it is much more than his 7 foot 2 inch stature."

Why Pittsburgh’s Innovation and Performance team takes an open-source approach to open data; Technical.ly, August 1, 2018

Tara Matthews, Technical.ly; Why Pittsburgh’s Innovation and Performance team takes an open-source approach to open data

"This is a guest post by Tara Matthews, the senior digital services analyst at the City of Pittsburgh's Department of Innovation and Performance.

Picture it: Pittsburgh, Pennsylvania. October 2015.

It was the birth of what would be named the Western Pennsylvania Regional Data Center (also known as the WPRDC, also known as “Whopper Duck”), an all-star collaboration between the City of Pittsburgh, Allegheny County and the University of Pittsburgh.

This put us in the unique position of hosting not just city and county data, but data from non-governmental organizations such as the Carnegie Library and Bike PGH, as well as other local service providers such as the Port Authority of Allegheny County. This required a specialized set-up, which is why WPRDC is based in CKAN, an open-source data management system that allowed for a completely custom configuration.

The Data Center launch coincided with the kickoff of the city’s Open Data program, managed by the city’s Department of Innovation and Performance."

How your employees can – and must – protect intellectual property; The Globe and Mail, July 18, 2018

Jeff McDowell, The Globe and Mail; How your employees can – and must – protect intellectual property

"Unfortunately, protecting IP is an area where Canada lags globally. Only 10 per cent of small and medium-sized businesses in Canada have IP, and only 9 per cent have IP strategies.

The Canadian government is helping reverse this trend with its new national IP strategy, which supports local innovators through increased resources and legislation. But it’s Canadian companies ourselves who need to see the value in protecting IP − to keep our employees motivated and validate their innovations, to protect our businesses’ hard-won knowledge and to keep strong companies growing and thriving in the Canadian economy."

Make a Name for Yourself: 4 Expert Tips for Choosing a Name and Trademark; Entrepreneur, August 2, 2018

Darpan Munjal, Entrepreneur; Make a Name for Yourself: 4 Expert Tips for Choosing a Name and Trademark 

"A recent Harvard Law Review study highlighted the upwards of 6.7 million U.S. trademark applications (registered 1985 to 2016) that had been made over the last three decades and suggested that we might soon be at the point of actually running out of trademark options...

Choosing an effective trademark means a trademark that's unique. With upwards of 6.7 million trademarks out there, and only 171,476 words in the English dictionary, you need to start thinking outside the box."

Report – Patent Abuse A Leading Cause Of High Drug Prices In US; Intellectual Property Watch, August 3, 2018

David Branigan, Intellectual Property Watch; Report – Patent Abuse A Leading Cause Of High Drug Prices In US

"The report, “Overpatented, Overpriced: How Excessive Pharmaceutical Patenting is Extending Monopolies and Driving up Drug Prices,” was produced by the New York-based Initiative for Medicines, Access & Knowledge (I-MAK)...

“Spanning twelve drugmakers and a range of conditions such as cancer, arthritis, stroke, and diabetes, the study captures an industry-wide trend of pharmaceuticals ‘evergreening’ their products with excessive patents so they can artificially extend monopolies and boost profits—at the expense of American families and the budgets of public and private payers around the country,” according to the press release."

G.M. Used Graffiti in a Car Ad. Should the Artist Be Paid?; The New York Times, July 17, 2018

Alan Feuer, The New York Times; G.M. Used Graffiti in a Car Ad. Should the Artist Be Paid?


"The law, however, is struggling to catch up with the change in taste and culture, especially when it comes to the issue of when graffiti — an ephemeral form of art — deserves the safeguards of a copyright. This month a federal judge in California will entertain exactly that question as he hears oral arguments in a copyright lawsuit that could determine if graffiti wins new protections, or if companies can use it for commercial purposes without having to compensate the artists who create it."

The Real Deal: Using Found Content ; Lexology, August 1, 2018

Frankfurt Kurnit Klein & Selz PC - Terri Seligman, Lexology; The Real Deal: Using Found Content

[Kip Currier: Informative article with tips on deciding how and when to use images found on the Net.

In my IP course I've shared the "teachable moment" story of a savvy business friend who was getting a start-up up and running about a decade ago and asked me "if it's OK to just scrape images from the Internet to use on the company's website?" You can anticipate my response, which always elicits a knowing laugh from the students--and reinforces the importance of considering potential copyright and risk management issues.]

"As reported by MediaPost, replacing the use of stock images with crowdsourced photos from real people is gaining popularity with major brands. The attraction is obvious: photos from real consumers can be more "authentic, local and real" than stock imagery.

But it's important to keep some rules of the road in mind to avoid the potential of liability for use of found content."

Trade Secret Thief Hid Files In Digital Photo Of Sunset; Intellectual Property Watch, August 2, 2018

Intellectual Property Watch; Trade Secret Thief Hid Files In Digital Photo Of Sunset

"The criminal complaint alleges that on or about July 5, Zheng, an engineer employed by General Electric, used an elaborate and sophisticated means to remove electronic files containing GE’s trade secrets involving its turbine technologies. Specifically, Zheng is alleged to have used steganography to hide data files belonging to GE into an innocuous looking digital picture of a sunset, and then to have e-mailed the digital picture, which contained the stolen GE data files, to Zheng’s e-mail account."

New Vice Chancellor Named as Pitt Marks Another Record-breaking Year in Innovation; PittWire, August 1, 2018

PittWire;

New Vice Chancellor Named as Pitt Marks Another Record-breaking Year in Innovation

 

"These and 20 other innovative and impactful discoveries — all developed at the University of Pittsburgh — were the basis for the formation of 23 startup companies that were formed, or “spun out,” in fiscal year 2018, according to Pitt’s Innovation Institute. The institute is headed by Evan Facher, who held the position of interim director until being named director and vice chancellor for innovation and entrepreneurship earlier this week...

 “It’s a big deal that universities are now developing the technology that’s going to propel us into the future,” said Joe Marcanio, who has been guiding University innovators as an Innovation Institute entrepreneur-in-residence since 2015. “My job is to stand behind them and help them avoid the mistakes I learned the hard way.”...

The year in kudos

Pitt rose to No. 21 — up from 27th last year and 35th in 2015 — among the top universities worldwide to be granted U.S. utility patents for a new or improved product, process or machine. Neighboring Carnegie Mellon University, a fellow anchor in Pittsburgh’s innovation ecosystem, was No. 40 in annual rankings compiled by the National Academy of Inventors and the Intellectual Property Owners Association.

In March, Pitt alumnus and trustee Bob Randall (A&S ’65) announced a $2 million gift to accelerate student entrepreneurship through the Big Idea Center at Pitt.
A new Innovation Igniter workshop outlines the path to licensing an innovation or forming a startup company. The two-hour workshop is open to faculty, staff and students who are curious about commercialization.

The first cohort of a revamped Blast Furnace student accelerator program completed the nine-week program in June. Ten teams pitched their business ideas at a June 29 final event at the University Club. The Innovation Institute will host @PITTINNOVATES Open on Sept. 20 to introduce its 2018-19 academic year programming and funding opportunities.

Finally, the Innovation Institute came home a winner from the recent Deshpande Symposium for Innovation and Entrepreneurship in Higher Education, receiving the 2018 Exemplary Practice in Technology Commercialization Award in recognition of its work in accelerating innovations to the market."