IP & Related
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Copyright Shouldn't Be A Tool of Censorship

Copyright was meant to be an “engine of free expression,” and with the right limits, it can be. But today’s copyright law stifles free speech far too often. Its broad reach, its excessive and unpredictable penalties, and its flawed enforcement mechanisms make tempting tools for anyone seeking to make speech they don’t like disappear from the Internet.
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NI Blog: Copyright law and the extended protection of exploited artistic works | Irish Legal News

The change in the law was introduced following the European Court of Justice’s decision in Flos SpA v Seneraro Casa E Famiglia SpA [C-168/09] [2011] to require member states to protect all original designs by copyright, without limitations, for example, reduction in duration.
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Artists Sue Francesca's Over Copyright Infringement | artnet News

A group of artists and designers has brought a copyright infringement suit against Francesca’s, a retailer of women’s clothing and accessories, and two vendors who do business with them. In a complaint filed on Friday in the US District Court, Southern District of New York, the plaintiffs allege that the companies have been selling enamel pins that duplicate their designs.
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Why Unreleased Marvin Gaye, Supremes, Beach Boys Tracks Are Suddenly Appearing: EU Copyright Law

In 2011, the EU updated copyright law in a way that means officially unreleased material could fall into the public domain 50 years after it was recorded. That would mean any company would be free to release it. In order to keep the copyright to such recordings – the law applies to live as well as studio material – artists and labels have been releasing them in what some fans call “copyright collections.”
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Copyright in Klingon

A significant copyright tussle over the appropriate scope of “fan films” — and, by extension, fan fiction and the whole genre of “fan-generated” works — has erupted in the Central District of California. Late in 2015, Paramount Pictures and CBS Inc., who jointly claim the copyright in the “Star Trek”  motion pictures, sued Axanar Productions, a crowd-formed and crowd-funded production company that raised more than $1 million in donations to create a professional-quality “Star Trek” fan film, for copyright infringement.
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What if we could reimagine copyright? | ANU Press

What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we keep? In short, what might a copyright system designed to further the public interest in the current legal and sociological environment actually look like?
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Aussie Productivity Commission Doubles Down On Fair Use And Serious Copyright & Patent Reform

Back in May we were both surprised and delighted by a thorough and detailed report from the Australian Productivity Commission noting that copyright was broken and harming the public, and that it needed to be fixed 

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Fighting for Fair Use and Safer Harbors: 2016 in Review

In 2016 we witnessed the latest stretch in an ongoing struggle over the shape of copyright law and who it serves - between a law that respects and promotes innovation and free expression, and one that only serves the interests of large copyright holders. This year we welcomed a run of victories for fair use and Internet safe harbors, while looking toward some important battles yet to come.
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UK’s Digital Economy Bill: Effectiveness of Age Verification and Copyright Measures Questioned | JD Supra

After its announcement in May 2016, the multi-faceted UK Digital Economy Bill (‘Bill’) has progressed through Parliament and has recently been considered by MPs at the Publi
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Judge rules parody Louis Vuitton bags don't infringe copyright

That was the bottom line message today from a Manhattan federal appeals court that ruled tote bags painted to look like pricey Louis Vuitton merchandise are parodies, not knockoffs.
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Proposed Copyright Law Changes Are A "Blunt Attack" On Australia's Creatives, Says APRA AMCOS - Music Feeds

APRA AMCOS has labelled the Productivity Commission's suggestion that 'Safe Harbour' laws be expanded "a blunt attack on Australia's creative industries."
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Audit the Copyright Agency, give authors and users new rights: Productivity Commission

Australia's copyright laws would be dramatically simplified, the collecting agency placed on probation, and small copyright owners given a forum in which to take on big corporations under a series of sweeping recommendations to be tabled by the government on Tuesday.
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Trump on Copyright: How the Trump Administration will approach copyright law and potential copyright reforms - IPWatchdog.com | Patents & Patent Law

At the issuance of this report, Congressman Doug Collins, House Judiciary Committee Subcommittee on Courts, Intellectual Property, and the Internet Vice Chair, stated, “Creativity undergirds the 21st century economy, and strong intellectual property rights ensure that our economy benefits from the innovation and pluck of American workers who bring many of our dreams to life
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All you need is copyright: McCartney sues Sony over Beatles music

Former Beatle Paul McCartney has sued Sony's music publishing arm to regain ownership of many of the songs he wrote with fellow Beatle John Lennon including Love Me Do and I Want to Hold Your Hand.
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Research Groups Seek Stronger Protections In EU Copyright Reform Proposal - Intellectual Property Watch

European lawmakers should boost protections for researchers and educators in the European Commission proposal for a directive on copyright in the digital single market, five research organisations said today. Among other things, lawmakers and policymakers must rethink the provisions on text and data mining as well as the exception for use of works in digital and cross-border teaching, they said.
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Research bodies seek changes to EU copyright proposals - University World News

Five key European research organisations have called on legislators to modify current European Union copyright reform proposals, including broadening exceptions from copyright on text and data mining, to facilitate research and innovation in a digital environment – or risk impeding progress in one of the most dynamic parts of the economy.
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Court gives jury mission to explore strange world of copyright and fair use

As noted by Tibbie in last the installment of CopyKat, Judge Klausner from the Central District Court of California sent the Paramount v. Axanar case off to jury trial on January 4, as he denied both parties’ motions to dismiss. Tibbie explained that the fair use defense failed. What could be next?
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Copyrights and Twitter

A friend directed me to a link for an article commenting on Mark Cuban’s claim that all of his tweets are copyrighted and that no one can use them without his permission. The article discusses Cuban’s, and other’s, ignorance for copyright law, and in so doing cites a blog post in which an IP attorney…
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Axanar isn’t fair use, judge finds, setting stage for Star Trek copyright trial

A federal judge in Los Angeles has decided that the copyright lawsuit over the pending Star Trek fan film Prelude to Axanar should move forward. For now, a civil trial is set to begin on January 31, 2017.
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Facebook Updates Music Copyright Procedures

Facebook is reportedly facing pressure from music labels to police copyrighted content on its platform. The social giant is developing a copyright identification system akin to YouTube’s Contend ID, the Financial Times reports.
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Facebook is building a tool to hunt copyright infringing videos

YouTube isn't the only site record labels are taking issue with when it comes to copyright infringement. Financial Times reports that music publishers want Facebook to license music that gets posted on its site and take down any user-submitted videos that contain copyrighted content.
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Federal Court addresses IP issues and implications in technology supply contract | Lexology

In, Peter Vogel Instruments Pty Ltd v Fairlight.Au Pty Ltd [2016] FCAFC 172, the Full Court of the Federal Court of Australia found that trade mark licensing and copyright assignment provisions in a technology supply contract were legally effective.
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Productivity Commission re-ignites copyright wars by recommending 'fair use'

The copyright wars are set to continue, with the government releasing a Productivity Commission report arguing for a relaxation of intellectual property laws.
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Copyright rules make us break the law 80 times a day, says Productivity Commission

If you are anything like the typical Australian, you probably break the copyright law 80 times a day, according to figures included in the Productivity Commission's final report to the government on intellectual property.
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The Biggest Winner from the DU Photocopy Case Is the University, Not Students

The saga of the Delhi University photocopying case has managed to hold the attention of a large and diverse audience for some time now. In 2012, when the publishers first sued the university and the photocopier, there was collective outrage from the student and academic communities.
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