Posts Tagged ‘copyright’

Creator royalties on art in public spaces

Creators of art displayed in parks and other public spaces have been using assertions of copyright to demand cash from, or play favorites among, private persons and groups seeking to carry on video or photography in those spaces. Aaron Renn: “Any city installing public art should ensure that the agreement with the artist provides for unconditional royalty free pictures and videos, or the art shouldn’t be installed.”

Free speech roundup

  • Video now online of Nadine Strossen at Cato speaking on her new book Hate: Why We Should Resist It with Free Speech, Not Censorship. And John Samples kicks off series of blog posts about book [first, second]
  • Press vs. President: “the more tightly regulated media landscape of the early 1970s” played directly into Nixon’s hands [Matt Welch]
  • Romance writer’s bid to stop authors from using word ‘cocky’ fails in court [Alison Flood/Guardian, earlier]
  • “New law forces Google to suspend political ads in Washington state” [Timothy Lee, ArsTechnica]
  • “The Minnesota criminal harassment statute is equally dubious, applying when a person sends two or more tweets ‘with the intent to abuse, disturb, or cause distress.’ Really…?” [Venkat Balasubramani, Technology and Marketing Law Blog] “Crime in D.C. to Negligently Cause ‘Significant Mental Suffering’ by Saying Two Non-Political Things About Someone” [Eugene Volokh] “NY State Legislators Unanimously Pass A Cyberbullying Bill That Can’t Be Bothered To Define Cyberbullying” [Tim Cushing, TechDirt; Eric Turkowitz]
  • Blame failings of copyright law, not scholarly neglect, for long inattention to Zora Neale Hurston manuscript [Ted Genoways, Washington Post/Valley News]

March 21 roundup

  • Popehat’s Patrick tells the story of how, representing a bank, he resisted a serial litigant rather than pay her off [Twitter thread]
  • News of suits motivated by attorneys’ fees may be slow to reach Harvard [“Bill of Health”, dismissing “idea of opportunistic lawsuits to enforce the ADA” as “somewhat farfetched” since federal law does not grant damages]
  • Tim Sandefur on the Indian Child Welfare Act [Cato Regulation magazine, earlier]
  • $3.5 million gift from leading trial lawyer Elizabeth Cabraser launches new Berkeley Center for Consumer Law and Economic Justice [Berkeley Law School]
  • “The South African government will soon discover the extremely complex technical headache of expropriating land without compensation.” [Johann Kirsten and Wandile Sihlobo, Quartz]
  • Speak not of trolls: “Lawyer who filed 500-plus copyright cases in federal court calls $10K sanction ‘judicial error'” [ABA Journal]

December 6 roundup

  • Torts class hypotheticals come to life: tipsy axe-throwing, discussed in this space last June, is coming to D.C. [Jessica Sidman, Washingtonian] One guess why Japanese “slippery stairs” game show might not translate easily to Land O’ Lawyers [Dan McLaughlin on Twitter]
  • “California lawyer pleads guilty in $50M visa scam” [Debra Cassens Weiss, ABA Journal]
  • Claim: longstanding practice in Louisiana and Oregon of not requiring jury unanimity for felony convinctions reflects states’ racial past [Angela A. Allen-Bell, Washington Post]
  • “Judge Halts Copyright Troll’s Lawsuit Against A Now-Deceased Elderly Man With Dementia And An IP Address” [Timothy Geigner]
  • David Henderson reviews Richard Rothstein book on history of federal encouragement of housing segregation, The Color of Law [Cato Regulation magazine]
  • Class action: sellers of cold-pressed juice should have disclosed that it was high-pressure-processed [Elaine Watson, Food Navigator USA]

Law of the Nursery

‘It’s my toy’ – property law
‘You promised me’ – contract law
‘He hit me first’ – criminal law
‘Daddy said I could’ – constitutional law

— the late Harold Berman of Harvard Law School, via John McGinnis, Law and Liberty.

Some others, via social media:

‘Mama said NO’- Supreme Court decision — Cathy Maddox on Twitter
‘Last week you said’ – case law — Dave Ferguson on Twitter
‘Stop repeating everything I say’ – copyright law — John Althouse Cohen
‘Make him turn it down’ — nuisance law

Scrubbing consumer reviews: “Decline and fall of the dumb copyright trick”

One thing professionals “have tried to do to avoid negative online reviews is to find ways of claiming some kind of copyright in any review posted by a former client, then suing the negative reviewer for copyright infringement….Finally, the courts are catching up.” [Ron Coleman, Likelihood of Confusion; Pamela Chestek; Eric Goldman in 2013 on Goren dispute with Ripoff Report]

November 1 roundup

  • Antitrust crackdown on Big Tech based on predictions of where markets may head in future? Just don’t [Alan Reynolds in part three of series; parts one and two]
  • Copyright holder sends mass demands to IP address holders, but for lower amounts and as “fines” rather than settlements. A move away from troll model, or refinement of it? [Timothy Geigner, TechDirt]
  • Among the many issues far afield from Bill of Rights that ACLU is up to lately: defending drive-by ADA filing operations against remedial legislation [ACLU, earlier on its drift from civil liberties mission]
  • Texas AG sues arguing unconstitutionality of Indian Child Welfare Act (ICWA); case involves blocking of “adoption [that] has the support of the boy’s biological parents and grandmother, Paxton said.” [Texas Tribune] More: Timothy Sandefur, NR;
  • More local and personal than my usual fare, I ramble about my education and upbringing, why I live where I live, as well as some policy matters [Frederick News-Post “Frederick Uncut” local-newsmaker podcast with Colin McGuire and Danielle Gaines]
  • “What’s the Difference between ‘Major,’ ‘Significant,’ and All Those Other Federal Rule Categories?” [Clyde Wayne Crews, Jr., CEI]