X-Men: 'Dark Phoenix' Gets an Animated Trailer; Comicbook.com, October 7, 2018

Jamie Lovett, Comicbook.com; X-Men: 'Dark Phoenix' Gets an Animated Trailer

"In September, 20th Century Fox released the first trailer for Dark Phoenix. Now a fan has taken that trailer and recreated it using footage from X-Men: The Animated Series.

The trailer, which can be seen above, was created by YouTuber Darth Blender. It uses the audio from the Dark Phoenix trailer with visuals from X-Men: The Animated Series."

Drugmakers play the patent game to ward off competitors; Kaiser Health News via NBC News, October 2, 2018

Sarah Jane Tribble, Kaiser Health News via NBC News; Drugmakers play the patent game to ward off competitors

"Yet the patenting of a small change in how an existing drug is made or taken by patients is part of a tried-and-true pharmaceutical industry strategy of enveloping products with a series of protective patents.

Drug companies typically have less than 10 years of exclusive rights once a drug hits the marketplace. They can extend their monopolies by layering in secondary patents, using tactics critics call “evergreening” or “product hopping.”

Lisa Larrimore Ouellette, a patent law expert at Stanford University, said the pharmaceutical industry gets a greater financial return from its patent strategy than any other industry does."

Music Modernization Act Heads to Oval Office; The National Law Reviw, October 5, 2018

Erin S. Hennessy, Annie Allison, Jonathon K. Hance, The National Law Review; Music Modernization Act Heads to Oval Office

"The Music Modernization Act (MMA) is headed to the President's desk for signature following unanimous approval from the House of Representatives and the Senate. The bill, now called the "Orrin G. Hatch Music Modernization Act" (H.R. 1551),  provides a significant update to how artists are paid for their music. The Copyright Alliance plugged the bill as "the most significant improvement of music copyright law in more than a generation, making it easier for creators across the music industry to earn a fair living through their creativity."

The MMA combines the following three separate pieces of legislation to bring music royalties into the modern era:

• The Music Modernization Act of 2018, S. 2334, which updates licensing and royalties for music streaming services;
  
• The CLASSICS Act (Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society Act) which opens up music royalties for pre-1972 songs; and
  
• The AMP Act (Allocation for Music Producers Act) which provides for royalties for music producers and engineers."
  

Publishers Escalate Legal Battle Against ResearchGate; Inside Higher Ed, October 4, 2018

Lindsay McKenzie, Inside Higher Ed; Publishers Escalate Legal Battle Against ResearchGate

"The court documents, obtained by Inside Higher Ed from the U.S. District Court in Maryland, include an “illustrative” but “not exhaustive list” of 3,143 research articles the publishers say were shared by ResearchGate in breach of copyright protections. The publishers suggest they could be entitled to up to $150,000 for each infringed work -- a possible total of more than $470 million.

This latest legal challenge is the second that the publishers have filed against ResearchGate in the last year. The first lawsuit, filed in Germany in October 2017, is ongoing. Inside Higher Ed was unable to review court documents for the European lawsuit.

The U.S. lawsuit is the latest development in a long and increasingly complex dispute between some academic publishers and the networking site."

The popularity of zombies is due to one mistake in Night of the Living Dead; The Verge, September 2, 2017

Andrew Liptak, The Verge; The popularity of zombies is due to one mistake in Night of the Living Dead

[Kip Currier: Yesterday, while updating a public domain lecture for my IP graduate course and having just read this interesting piece in the PittWire about this week's 50th anniversary of the seminal 1968 zombie horror film Night of the Living Dead's world premiere at Pittsburgh's then-Fulton Theater, I came across this fascinating 2017 7-minute Night of the Living Dead - Horrors of Copyright video and played it in class for my students. The video shows how the unforgiving get-it-right-the-first-time-or-else federal copyright registration requirements of the U.S.'s pre-1976 Copyright Act registration system resulted in Night of the Living Dead entering the public domain, due to an unintended mistake by persons associated with the George R. Romero-directed film.

One of the most illustrative and informative aspects of the video is a comparison of the public domain-dwelling-ghouls-cum-zombies in Night of the Living Dead with the 1818-published Frankenstein of Mary Wollstonecraft Shelley that inspired the Frankenstein's monster portrayed and popularized by famed actor Boris Karloff in the 1931 James Whale-directed classic. As the Horrors of Copyright video points out, Karloff's iconic expression of Shelley's 19th century Frankenstein is still owned by Universal today and still protected under U.S. copyright law because of the longer copyright protection periods of the U.S. Copyright Act of 1976 and the 20-year copyright-extending Sonny Bono Copyright Term Extension Act of 1998.]

"Zombies are everywhere, with blockbuster TV shows like The Walking Dead and in Game of Thrones, and films such as 28 Days Later, World War Z, Zombieland, and many others. That popularity stems directly from George R. Romero’s 1968 film Night of the Living Dead. A new video essay from Kristian Williams delves into how one mistake with the film’s release led to the renaissance of zombie stories that terrify and entertain us.

That popularity is due in part to the fact that when Night of the Living Dead was released, its distributor forgot to place a copyright indicator when it changed the title from Night of the Flesh Eaters to its current moniker. According to copyright law at the time, leaving that symbol and the year off meant that it entered the public domain. “The film’s entry into the public domain became the ultimate distribution tool,” says Williams, because theaters, video stores, and TV stations could air it at no cost.

Here, you can watch it right now on YouTube, or download it off of the Internet Archive..."

Romero Lives!; PittWire, October 1, 2018

PittWire; Romero Lives!

"In an ironic twist, even though Romero and his team were professional filmmakers, they knew little about the business of film. It was marketed without a copyright and was distributed willy-nilly. The upside: It was constantly being shown at many venues.

The downside: No one made a dime."

Librarians from across the Pacific gather for conference on open access, collaboration; University of California Berkeley Library News, September 24, 2018

Virgie Hoban, University of California Berkeley Library News; Librarians from across the Pacific gather for conference on open access, collaboration

"This past week, more than 60 librarians from universities across the Pacific descended upon the UC Berkeley campus, converging for a two-day deep dive into the experiments and achievements of fellow librarians working toward a more open, connected world.

The Pacific Rim Research Libraries Alliance, or PRRLA, is a group of libraries that share important resources and ideas in hopes of improving the state of scholarly research around the world. The alliance meets annually to exchange stories about various technologies and programs — and the strides and bumps along the way."

Compromise Music Modernization Act Will Bring Old Sound Recordings into The Public Domain, Tiptoe Towards Orphan Works Solution; TechDirt, September 19, 2018

Mike Masnick, TechDirt; Compromise Music Modernization Act Will Bring Old Sound Recordings into The Public Domain, Tiptoe Towards Orphan Works Solution

"So, this new amended bill creates a very minor tiptoe towards an orphan works concept, just with sound recordings and only for "certain noncommercial uses of sound recordings that are not being commercially exploited." This is way, way, way too limited, but it's a start. Under the rules, someone engaged in non-commercial use (and boy, I can't wait to see the litigation fights over what counts as commercial v. non-commercial use...), has to make a "good faith, reasonable search" to see if a work is being commercially exploited. Following that, they have to file a notice with the Copyright Office announcing their intention to use the sound recording, allowing a 90 day period for someone to object. If there are no objections then, the work may be used in such non-commercial projects. This is extremely limited (way too much so), but hopefully will be useful to sites like the Internet Archive and various libraries. It would be nice if it went much further, but considering that no attempt to deal with orphan works has ever gone anywhere, this seems like at least a tiny step in the right direction. At the very least, hopefully it can be used to show that the world doesn't collapse when there is a way to make use of orphan works when the copyright holder cannot be found."

Europe's Copyright Reforms Are More Than (Just) A Boring Policy Change; NPR, September 27, 2018

Andrew Flanagan, NPR; Europe's Copyright Reforms Are More Than (Just) A Boring Policy Change

"In the "Information Wants To Be Free" corner, you have advocates like Cory Doctorow, who is of the opinion that regulations on the Internet can have a stifling effect on freedom of expression. They want to preserve the web "as a place where we can fight the other fights" like "inequality, antitrust, race and gender, speech and democratic legitimacy," as Doctorow put it in a recent podcast. (Doctorow obliquely references a 2004 copyright dispute around Woody Guthrie's "This Land Is Your Land," which Guthrie, in an unconfirmed statement, said he didn't "give a dern" if others performed.) Doctorow's point is that creativity is best when it's unanchored from profit motive, and thus available to be copied freely. (Doctorow himself walks the walk, making his novels available for no charge.) James Rhodes' recent experience with music that wasn't even protected by copyright isn't exactly encouraging in this regard.

Meanwhile, some copyright holders are very much interested in being paid for their creations. Lisa Alter, a visiting professor at Yale Law School and practicing attorney who specializes in music copyright, tells NPR: "Obviously, whenever there's something new, there will be a period of time where systems are worked out and glitches, but I don't see those insurmountable in the year 2018." As to situations like the one Rhodes experienced with his Bach video? "Could there ever be a erroneous takedown? Sure, but then you let them know and they should put it back up," she says. "But I don't see it being an epidemic. And the technology will get better, the filtering system will improve."

Don’t Make the Register of Copyrights into a Presidential Pawn; Electronic Frontier Foundation (EFF), September 25, 2018

Elliot Harmon, Electronic Frontier Foundation (EFF); Don’t Make the Register of Copyrights into a Presidential Pawn

"The Register of Copyrights Selection and Accountability Act (H.R. 1695) passed the House of Representatives last year, and now, the Senate is looking to take the bill up. Under H.R. 1695, the Register of Copyrights would become a presidential appointee, just like the directors of Executive Branch departments. Naturally, the president would appoint a Register who shares their interpretation of copyright law and other policy stances, and the nomination could come with a highly partisan confirmation process in the Senate.

The Copyright Office is at its best when it has no political agenda: it’s a huge mistake to turn the Office into another political bargaining chip. The Register of Copyrights has two important, apolitical jobs: registering copyrightable works and providing information on copyright law to the government. The Office serves officially as an advisor to Congress, much like the Congressional Research Service (both offices are part of the Library of Congress). It has never been the Register’s job to carry out the president’s agenda. That’s why the Copyright Office is situated in Congress, not in the Executive Branch."

Copyright enforcement in the United States; Lexology, June 25, 2018

Hunton Andrews Kurth LLP - Jeff C. Dodd, Jonathan D. Reichman and Susanna P. Lichter, Lexology; Copyright enforcement in the United States

 

[Kip Currier: Informative, succinct primer and overview of key aspects of U.S. copyright law enforcement.]

Open-access journal editors resign after alleged pressure to publish mediocre papers; Science, September 4, 2018

Jop de Vrieze, Science; Open-access journal editors resign after alleged pressure to publish mediocre papers

[Kip Currier: Post #3,500, in 11 years of blogging about IP and "Open" Movements on this site.]

"The conflict is salient because this week 11 European national funding organizations announced that beginning in 2020, research they fund should only be published in open-access journals, which make articles publicly available, as opposed to traditional journals, which sometimes block access to nonsubscribers. To maintain a level of quality, scientists will be directed to publish only in journals in the Directory of Open Access Journals."

Scholastic fixes greedy copyright rule in this year's awards; BoingBoing, September 25, 2018

Rob Beschizza, BoingBoing; Scholastic fixes greedy copyright rule in this year's awards

"Last year, 8th-grader and cartoonist Sasha Matthews discovered that the Scholastic Awards had a nasty rule buried in the fine print: all the childrens' work submitted for consideration became the property of Scholastic. This year, Scholastic fixed the rules, only taking a license to publish the entries. It's a big victory for the kids and a smart decision by the company."

Copyright Librarian Position: U.S. Naval War College Library at the U.S. Naval War College, Newport, Rhode Island; Deadline for Application: September 28, 2018

The U.S. Naval War College Library at the U.S. Naval War College, Newport, Rhode Island, is recruiting for the position Copyright Librarian. The announcement will be posted on USAJobs website and run from September 24^th to September 28^th.  Applications are made online at USAJobs. Be prepared to submit your resume and college transcripts as part of your application package. To find job openings at the Naval War College search on the keywords Naval War College or Newport Rhode Island. Individuals interested in this position can learn more about the application process by visiting USAJobs and can begin by creating their account and uploading their resume and other required documentation.  Applicants, including Department of Navy employees, will be required to submit both eligibility and qualification supporting documents at the time of application.

The Institution: The Naval War College (NWC) is a Professional Military Education (PME) institution serving the nation, the Department of Defense and the U.S. Navy.  It is accredited by the New England Association of Schools and Colleges to grant a master’s degree in national security and strategic studies.  The NWC Library, named in honor of Rear Admiral Henry Effingham Eccles, recently adopted a Learning Commons model with the completion of a new, state-of-the-art 86,000 square foot facility that brings together under one roof the Library, Writing Center, Information Resources Department (IT), Dean of Students, Café, and Bookstore. 

The Library is composed of both general and classified library collections serving approximately 650 resident students and 5,000 distance education students. The print collections contain over 200,000 books and documents covering naval and military science, history and strategy, management, economics, international relations, international law, oceanography, and political science. Regional studies, leadership and ethics, cybersecurity, and irregular warfare have been given increased emphasis over the last decade. The Classified Library contains over 53,000 titles, including Joint and Naval Warfare Publications, including doctrine, Joint Electronic Library, and the Joint Doctrine, Education, and Training Information System.

The Position: This is a newly created position located in the Circulation Department of the Naval War College (NWC) Library, an organizational component of the Office of the Provost, and reports to the Head of Circulation.  The Circulation Department is primarily concerned with collection management, circulation, print and electronic reserves, document delivery services, and copyright.

The incumbent serves as a knowledgeable and service-oriented licensing and copyright professional who leads the copyright program for the NWC.  This includes performing a variety of functions and processes that relate to the implementation of copyright policy, formulation of procedures, licensing negotiation, workflows, and obtaining copyright permissions for all forms of published and unpublished materials requested by all NWC faculty and staff.

Typical duties include:

• Manages the NWC's copyright requirements and serves as the NWC copyright subject matter expert.  Develops and communicates copyright policies and procedures to the NWC students, staff and faculty, making adjustments, providing instruction, and making recommendations for changes.
• Develops, organizes and delivers seminars, programs, modules, and workshops to educate faculty, students, and other campus partners about copyright, scholarly communication, author’s rights, and licensing issues and practices in tandem with the Research and Instruction Librarians.
• Collaborates with members of the NWC faculty, staff, and senior leadership in researching and processing copyright permissions for courseware readings and electronic reserves.
• Responds to licensing queries from within the Library and across the NWC and keeps up-to-date on copyright law, licenses and fair dealing.  Liaises with the Staff Judge Advocate's Office and General Counsel’s Office to provide copyright direction to NWC students, Staff and Faculty.
• Monitors the cost-effective use of funds for obtaining copyright permissions for the NWC and by recommending the outright purchase of materials when appropriate.
• Maintains copyright clearance, permission, and disapproval files as required by the Federal Records Management program implemented by the College and U.S. Code and copyright law.
• Liaises with other Joint Professional Military Education and academic institutions to develop and promote community engagement tools.  Liaises with other college and university copyright positions to maintain currency, identify best practices, and share information

Required Qualifications and Competencies:  Your resume must provide evidence of sufficient experience and/or education, knowledge, skills, and abilities to perform the duties of this position. For more details see the job positing when it is released in USAJobs.

The Naval War College is an Equal Opportunity, Affirmative Action Employer.

For additional information about the position please contact Ms. Lori Brostuen, Deputy Director at 401-841-2642 or email lori.brostuen@usnwc.edu.

What is Article 13? The EU's divisive new copyright plan explained; Wired, September 17, 2018

Matt Reynolds, Wired; What is Article 13? The EU's divisive new copyright plan explained

"To help clear things up, here’s WIRED’s guide to the EU Directive on Copyright."

Five Lessons From The Toy Wars: How Intellectual Property Laws Can Restrict Your Career Mobility; Forbes, September 23, 2018

Michael B. Arthur, Forbes; Five Lessons From The Toy Wars: How Intellectual Property Laws Can Restrict Your Career Mobility

"Orly Lobel’s new book You Don’t Own Me recounts the knock-down, drag-out and still unfinished "toy wars" between Mattel, distributor of Barbie dolls, and nearby rival MGA Entertainment, distributor of the Bratz collection. The book shows how those wars “challenge the right and freedom to leave jobs, compete with incumbent companies, control ideas and innovate.” What Lobel calls "the criminalization of employment mobility" is a serious problem, and this article offers some first steps to protect yourself from its grasp."

Pittsburgh is filled with people trying to win patents. PPG is at the front of the line. One of an occasional series: Patented in Pittsburgh; The Pittsburgh Post-Gazette, September 20, 2018

Courtney Linder, The Pittsburgh Post-Gazette; Pittsburgh is filled with people trying to win patents. PPG is at the front of the line.
One of an occasional series: Patented in Pittsburgh

"Between 2005 and 2015, PPG was awarded 583 patents, the most in the Pittsburgh region, and certainly enough to warrant the structure PPG has crafted to protect its secrets until it has the force of a U.S. patent seal...

Pittsburgh universities churning out patents 

Between 2008 and 2017, Pittsburgh's research universities have tripled their patent generation and doubled the number of technology licenses granted for commercial use."

U.S. and Europe Regulators Make Some Waves Towards Copyright Protection; Forbes, September 19, 2018

Nelson Granados, Forbes; U.S. and Europe Regulators Make Some Waves Towards Copyright Protection

"It seems regulators are starting to make waves towards more effective regulations for media and entertainment professionals and creatives to be fairly rewarded. There will be opposition and hurdles to overcome. For example, the EU's Copyright Directive still has to be reviewed and endorsed by the EU Commission and EU member states. Nevertheless, some of the top tech companies like Google, which can play a key role in copyright enforcement, appear to be open to ride the wave with copyright holders. Suddenly, there is light at the end of the tunnel."

Man Who Uploaded Deadpool to Facebook May Get Six Months in Prison; Gizmodo, September 17, 2018

Jennings Brown, Gizmodo;

Man Who Uploaded Deadpool to Facebook May Get Six Months in Prison

"A California court will soon decide sentencing for a man who posted the entirety of Deadpool on his Facebook page. If the U.S. government gets its way, the man will spend half a year in prison."

China is stealing American intellectual property. Trump's tariffs are a chance to stop it; Los Angeles Times, September 17, 2018

Charlene L. Fu and Curtis S. Chin, Los Angeles Times; China is stealing American intellectual property. Trump's tariffs are a chance to stop it

"Whatever else one might think of President Trump’s actions, he is confronting China about its unfair trade practices and theft of American intellectual property when too many others shy away from the truth for fear of Chinese reprisal."

Inventors Corner: Here's why you should search for patent; Sioux Fall Business Journal, September 19, 2018

Jeffrey Proehl, Sioux Fall Business Journal; Inventors Corner: Here's why you should search for patent

"Jeffrey Proehl is a registered patent attorney with Woods, Fuller, Shultz & Smith P.C. in Sioux Falls. 

The searching of patents and published patent application publications may be performed for a number of purposes, but there are two primary types of searches that are requested by inventors and businesses for their developments."