Posted by: tkerby | August 1, 2011

IPR in the News: July 2011

Copyright, Museums, and Licensing of Art Images

By Kenneth Crews, June 27, 2011, Columbia University Copyright Advisory Office
“This year I completed a study of museum policies and licenses funded by The Samuel H. Kress Foundation.  My work in the issues of copyright ownership, policy options, and appropriate use of art images continues, but in the meantime I am pleased to provide this consolidated list of papers that are the result of the funded project.”

Supreme Court Case Highlights Challenges of Copyright

By Rachel Hatch, Illinois Wesleyan University, June 29, 2011
“BLOOMINGTON, Ill. — Understanding the ins and outs of copyright laws can be as confusing as navigating a continually shifting maze. With the U.S. Supreme Court debating legislation on copyright issues this summer, Illinois Wesleyan librarians shed light on the challenges of upholding copyright in a digital world.”

Lawsuit settled over Seattle’s dancing footprints

By Vanessa Ho, Seattlepi, June 30, 2011
“The answer might have come from an upcoming trial in a lawsuit over Seattle’s iconic “Broadway Dance Steps” sculpture. But two years after the sculptor sued a photographer over copyright infringement, the case has settled.”

Open access and copyright

By Peter Suber, SPARC Open Access Newsletter, July 2, 2011
“From the beginning, OA struggled against the widespread assumption that it must violate copyright law.  But this has been a struggle against perception, not reality.  In fact, steering clear of infringement has always been easier than steering clear of this false assumption and the harm it has caused. ”

Who’s Zoomin’ Who?

By Peggy Hoon, ©ollectanea, July 5, 2011
“In a prior post, I directed your attention to the Georgia State lawsuit and its implications for higher education, particularly digitally delivered resources.”

Law Professors Come Out Against PROTECT IP

By Mike Masnick, Techdirt, July 5, 2011
“Another day, another constituency speaking out against PROTECT IP and the damage that it will do. This time, it’s a large group of law professors (over 90 have signed on so far), including some big names.”

Another Fair Use Debacle: Photographer Settles Bogus Copyright Threat From Artist

By Mike Masnick, techdirt, July 6, 2011
“Last year, we wrote about the absolutely ridiculous situation in which an artist, Jack Mackie, sued a photographer, Mike Hipple, for copyright infringement.”

CC News: The Power of Open

By Jane Park, Creative Commons, July 7, 2011

“Released a couple weeks ago, The Power of Open demonstrates the impact of Creative Commons through stories of successful use of our tools by artists, educators, scientists, and institutions of all types.”

New Copyright Alerts System to Educate Consumers

By Sandra Aistars, Copyright Alliance, July 7, 2011
“A group of content companies and Internet service providers today announced a new consumer education initiative that will coordinate efforts to notify Internet service subscribers when their accounts are being used to download infringing content.”

White House: we “win the future” by making ISPs into copyright cops

By Nate Anderson, ars technica, July 8, 2011
“The White House likes the newly announced “six strikes” voluntary agreement announced today between major copyright holders and Internet access providers. That’s no surprise—the US administration helped to broker the deal.”

I’ll get you, my pretty, and your little copyright too!

By Beth Hutchens, IPwatchdog, July 11, 2011
“Last week, the 8th Circuit handed down a ruling saying that knickknack companies can’t use Warner Brothers’ copyrighted images on their merchandise even if they use public domain elements.”

Artist Sues Artist, and Galleries, for Copyright Infringement

By Sergio Muñoz Sarmiento, Clancco, July 11, 2011
“I’m not one of those people that likes to say, “I told you so,” but I told you so. The copyright litigation roller coaster gets more interesting by the minute, especially when it involves an artist suing another artist.”

Criminal Use is not Fair Use

by Sandra Aistars, Copyright Alliance, July 12, 2011
“The Computer and Communications Industry Association this week issued a white paper attempting to assign economic value to the fair use defense against copyright infringement by presenting combined data of industries that “depend on fair use and other limitations upon the regulatory reach of copyright laws”.”

Louis Vuitton Wins Trademark and Copyright Counterfeiting Case in Canada

By Mandour & Associates, Intellectual Property News, July 12, 2011
“San Diego – The Federal Court in Canada has recently awarded the largest ever judgment in a trademark counterfeiting and copyright infringement case.”

Setting the Record Straight on PROTECT IP

by Sandra Aistars, Copyright Alliance, July 14, 2011
“Since the introduction of the PROTECT IP Act we frequently see articles and blog posts that severely mischaracterize and make false assertions about the legislation.”

Fashion Industry Testifies in Favor of Design Copyright Protections (Again)

By Katherine Boyle, Washington Post, July 18, 2011
“For a few moments, the fashion savants in the room must have wondered whether Rep. Bob Goodlatte (R-VA) would butcher the introduction. It wouldn’t have been the first time Lazaro Hernandez, designer and co-founder of Proenza Schouler, heard his celebrated young label mispronounced.”

The “Graduated Response” Deal: What if Users Had Been At the Table?

By Corynne McSherry, Electronic Frontier Foundation, July 18, 2011
“As was widely reported last week, several major internet access providers (including, very likely, yours) struck a deal last week with big content providers to help them police online infringement, educate allegedly infringing subscribers and, if subscribers resist such education, take various steps including restricting their internet access.”


By José Freire, Artnet, July 18, 2011
“Last week, Artnet Magazine broke the story of the copyright lawsuit between photographers Janine Gordon and Ryan McGinley.”

Fair Use Connected to Economic Strength, Study Shows

By Carrie Sager, Intellectual Property Brief, July 19, 2011
A new study shows that industries that rely on fair use have weathered the recession better than the economy as a whole, and have seen significant growth in recent years.”

Kodak Seeks to Generate Funds from Patent Portfolio Sale

By Mandour & Associates, Intellectual Property News, July 21, 2011
“San Diego – With traditional photography and photo processing becoming a thing of the past, it’s no wonder that Eastman Kodak is looking toward new opportunities whenever possible.  With its re-focus on the digital market, the 131-year-old company is seeking to sell patents to generate revenue.”

Black Macaques and a Camera Cause a Copyright Uproar

By Mark Tratos, Intellectual Property Brief, July 21, 2011
“It has always been suggested that if you put 100 chimpanzees in room with 100 typewriters, they will eventually write all the sonnets of Shakespeare.  According to photographer David Slater though, if you put a pack of macaques in the jungle with a camera, you will own the copyright to any pictures that they take.”

Crafters urged to get educated on copyrights

By Amy Lorentzen, Seattle Times, July 22, 2011
“As a crafter, you put time, talent and care into each creation. Experts say you should also spend a few moments making sure you’re not violating any copyrights and protecting your own original work.”

It Was Never About The Money, Stupid

By Rick Falkvinge, Torrent Freak, July 24, 2011
“Two reports on the copyright monopoly have caught my attention this week. The first expresses angry disbelief at the fact that people will still pirate to a large extent, even if the price per copy is under one dollar.”

Will Christian Louboutin be a Fashion Victim in Trademark Infringement Case?

By Mandour & Associates, Intellectual Property News, July 26, 2011
“Orange County – Back on April 10, we posted a story about fashion designer Christian Louboutin’s trademark infringement complaint against Yves St. Laurent’s (YSL) use of similar red-soles in its shoe line.”

Would Fashion Copyright Have Made Kate Middleton’s Knockoff Wedding Dress Illegal?

By Mike Masnick, Techdirt, July 27, 2011
“Right after the big royal wedding a few months back, Susan Scafidi, the law professor who is one of the leading supporters of putting in place a totally unnecessary and economically damaging “fashion copyright,” used the wedding to support her arguments for fashion copyright.”

What the 1930s fashion industry tells us about Big Content’s “six strikes” plan

By Timothy B. Lee,  ars technica, July 28, 2011
“Does the “Copyright Alerts” system announced by major copyright holders and ISPs earlier this month run afoul of antitrust law? That possibility was first suggested to us by law professor James Grimmelmann.”


Book Launch: “Reclaiming Fair Use”

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