Fair use, says a federal judge: “A father who live-streamed his son’s birth on Facebook and proceeded to sue for copyright infringement several media outlets that used the clips has lost his case.” [Joe Mullin, ArsTechnica]
- “Copyright Trolls Now Threatening College Students With Loss of Scholarship, Deportation” [Timothy Geigner, TechDirt]
- Use the phrase “Law Firm 2.0”? Better cease and desist [Carolyn Elefant, MyShingle]
- “How A Supreme Court Case On Cheerleader Costumes and Copyright Could Impact Prosthetic Hands” [Mike Masnick, TechDirt]
- Have you violated your competitor’s legal rights when you buy search engine advertising with its name as keyword? [Eric Goldman on Edible Arrangements case]
- Trader Joe’s keeps battling the Canadian knockoff/reseller Pirate or Irate Joe’s [Lowering the Bar]
- “Unified Patents files legal challenges against top three patent trolls of 2016” [Joe Mullin, ArsTechnica]
At least if you’re in Britain or Europe: “Mid-century design classics, such as Charles Eames chairs, Eileen Gray tables and Arco lamps are set to rocket in price [in Britain and Europe], following EU regulations which came into force this week that extend the copyright on furniture from 25 years to 70 years after the death of a designer.” Low-cost knockoffs of Mies van der Rohe’s Barcelona chair, for example, will be banned until 2039, 70 years after his 1969 death. [The Guardian] Alex Tabarrok has some thoughts on why consumers might rightly be seen as getting the short end, and notes this (via Daily Mail): “Companies which publish design books may have to get numerous licences to reproduce photos because designs have come under copyright.”
On Wednesday I took part in a panel discussion on the intellectual property issues associated with media commentary on the Olympics, which enjoy a distinctively favorable IP regime: a 1978 federal law gives the U.S. Olympic Committee stronger rights over the word “Olympics” than it would get under ordinary trademark law, including wider scope to go after parody and other situations that will sometimes arguably be fair use. Other panelists include Cato’s Julian Sanchez and Jim Harper, and the moderator was Cato’s Kat Murti. The audience Q&A included a question from noted media law attorney Paul Alan Levy. You can watch here:
Plausible-looking copyright takedown complaints have demanded that site operators take down particular posts on the grounds that they are not original, but reprint the copyrighted work of a journalist that had earlier appeared elsewhere. The posts tend to be ones that are critical of someone’s reputation. But it’s hard to establish that the journalists exist, and the demands cite backdated links on fake news sites apparently created for the purpose with names that sound like legitimate media outlets. [Patrick Coffee, AgencySpy/AdWeek; Tim Cushing, TechDirt]
- Upcoming evening panel on the Olympics and aggressive trademark/copyright policing, with Jim Harper, Julian Sanchez, and me, Kat Murti moderating [at Cato, August 24]
- “We are drowning in law.” New reform project from Philip K. Howard’s Common Good [Take-Charge.org]
- “Extremely Rare Deadly Balloon Tragedy Leads to Familiar Calls for More Regulation” [Scott Shackford, Reason]
- FTC, reversing its administrative law judge, asserts widened authority over data security practices in LabMD case [James Cooper, earlier here, etc.]
- Baltimore police matters, gerrymandering, historic preservation and more in my latest Maryland roundup at Free State Notes;
- “Shark-Attack Lawsuit Raises Interesting Questions, Like What Were You Doing in the Ocean to Begin With” [Lowering the Bar]
Missed this one from January: “Before I Can Fix This Tractor, We Have to Fix Copyright Law.” Section 1201 of the Digital Millennium Copyright Act makes it surprisingly complicated as a legal matter to perform repairs on software-containing products [Kyle Wiens, Slate]
As I went walking I saw a sign there.
And on the sign it said “(C) — Guthrie estate”
But on the other side it didn’t say nothing,
That side was made for you and me.
“Following their successful actions to bring the songs ‘Happy Birthday’ and ‘We Shall Overcome’ into the public domain, New York law firm Wolf Haldenstein Adler Freeman & Herz are now taking on a similar action for the Woody Guthrie classic, ‘This Land Is Your Land.'” [IP Flow/Mimesis Law]
Back in 2004, when the successors in interest of Guthrie’s heirs threatened the writers of a politically oriented parody with copyright litigation, Fred von Lohmann of the Electronic Frontier Foundation wondered what Guthrie himself would have thought of the action, given that he once used a copyright notice that said:
This song is Copyrighted in U.S., under Seal of Copyright # 154085, for a period of 28 years, and anybody caught singin it without our permission, will be mighty good friends of ourn, cause we don’t give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that’s all we wanted to do.
The lyrics of “My Land,” including the “No Trespassing” verse lightly altered above, are here, complete with copyright assertion.
“The Language Creation Society has filed an amicus brief challenging Paramount’s claim of copyright over the Klingon language in its lawsuit against Axanar, a fan-produced film set in the Star Trek universe….The amicus brief is peppered with Klingon words and phrases.” [Ed Krayewski, Reason] More: Ken White, Popehat. Update: suit moves forward.
Daniel McCall of Liberty Maniacs has put out a parody image in which the likeness of presidential candidate Bernie Sanders is lined up as the latest in a row of figures such as Marx, Lenin, and Mao. Yesterday, invoking the campaign’s trademark and copyright interests, a Seattle lawyer named Claire Hawkins “has demanded that McCall stop purveying this image.” It’s the latest in a series of aggressive moves by campaigns and candidates including Hillary Clinton, Ben Carson, and Ron Paul, as well as the Republican National Committee, to assert intellectual property as a reason for taking down works that play on their image in either unfavorable or favorable ways as a means of expression. [Paul Alan Levy, Consumer Law & Policy; Ron Coleman, Likelihood of Confusion]