IP & Related
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Google says we need more ‘fair use’, but ex-RIAA man isn’t so sure | Complete Music Update

So, have you recovered from this week’s big party yet? It’s a raucous affair isn’t it? Fair Use Week, I mean. I’ve been partying non-stop since Monday morning and I’m truly exhausted. I might take the day off to undertake some casual copyright infringement. Or not, maybe.
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Nintendo sues go-kart company over copyright infringement | The Japan Times

Nintendo Co. filed a lawsuit Friday against Tokyo-based go-kart service MariCar for alleged copyright violations.

In the suit, filed with the Tokyo District Court, Nintendo claims MariCar is renting unauthorized costumes of Nintendo game characters such as Super Mario to its customers and using pictures of them to promote its business.
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Public Knowledge Launches Copyright Educational Video Based on Frozen’s “Let it Go” - Public Knowledge

Today, Public Knowledge proudly released its new copyright educational video entitled, “Let Them Go.” The video is a parody of the well-known Disney song “Let It Go,” with revised lyrics that educate viewers on important topics in copyright, namely copyright term extension, intermediary liability, and fair use. Clips throughout the video also illustrate numerous fair uses and other adaptations of “Let It Go.”
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EFF to Copyright Office: Safe Harbors Work

The “notice-and-takedown” process for addressing online copyright infringement isn’t perfect: it’s often abused to remove lawful speech from the Internet. But it many cases this process, described in Section 512 of the Digital Millennium Copyright Act (DMCA), works pretty well—particularly because of the safe harbors that protect Internet services that comply with the law. That’s why it’s so frustrating that major media and entertainment companies are still pushing the Copyright Office to recommend throwing away the safe harbors and instead order Internet platforms to filter users’ communications.
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T Bone Burnett Delivers Scathing Message to Copyright Office, Urging Reform: 'Our Culture Is At Stake'

T Bone Burnett today submitted a five minute video to the U.S. Copyright Office that issued a scathing critique of current copyright laws, taking aim at "mega corporations and web moguls" that "are enriching themselves off the artistic, cultural and economic value everyone else creates," and urging Congress to fix a copyright system that he says threatens the ability of artists and creators to make a living.
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Copyright and transformative works: how will new laws affect creators of the future? | OpenMedia

The doors to creativity have been thrown open in the age of the Internet. Mashups, remixes, and transformative works are easier than ever to make — with digital tools and access to culture in the hands of millions, making sense of the world around us through art is a game we can all play.
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Is Megaupload's 'Crime' a Common Cloud Hosting Practice? - TorrentFreak

Five years ago the US Government launched a criminal case against Megaupload and several of its former employees. One of the main allegations in the indictment is that the site only deleted links to copyright-infringing material, not the actual files. Interestingly, this isn't too far off from what cloud hosting providers such as Google Drive and Dropbox still do today.
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Canada lags in online piracy fight: U.S. copyright group

Ineffective laws that lag behind international standards have made Canada a hot spot for online piracy and copyright infringement, according to a group of rights holders that has again placed this country on its global watch list.
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The song remains the same: Exceptionalists against the application of the law

In a recent article for the San Francisco Daily Journal I examine Google v. Equustek: a case currently before the Canadian Supreme Court involving the scope of jurisdiction of Canadian courts to enjoin conduct on the internet.
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Facebook is pushing record labels to let you soundtrack your videos

How can Facebook and Instagram make their amateur videos more interesting than those you see on Twitter or Snapchat? A killer soundtrack. That’s why Facebook is now pressing record labels even harder for a licensing deal.
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Push to amend copyright rules

An alliance of 47 organisations, including 15 universities, has written to the Communications Minister to implore that he take action on copyright law.
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Clear statement from educational sector: we need a better copyright reform - International Communia Association

Yesterday COMMUNIA sent a joint letter to MEPs working on the copyright reform dossier. It is supported by 34 organisations and 17 individuals, all advocates of quality education. In the letter we note our concerns on the phrasing of a new education exception to copyright, as included in the proposal for a directive on copyright in the Digital Single Market.
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Court awards $34,822 for copyright infringement - and $400,000 for bad behaviour - Intellectual Property - Australia

Australasian Performing Right Association Ltd (APRA) represents Australian and New Zealand musicians and is responsible for the granting of licences for performances of its members' musical works. In 2014, APRA granted John Dion (also known by the alias John Denison) a licence to hold the Soulfest concerts on the condition that licence fees were paid in advance.
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Copyright Law Versus Internet Culture

Throughout human history, culture has been made by people telling one another stories, building on what has come before, and making it their own. Every generation, every storyteller puts their own spin on old tales to reflect their own values and changing times.
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Alex Sims: NZ needs the same copyright exemption as US law allows - Opinion - NZ Herald News

Industries that rely on copyright law comprise a decent proportion of New Zealand's economy. Think of software and video game developers, publishers, design, digital media, and film and video, among others.
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What is Fair? Karen Chester from the Productivity Commission | Electronic Frontiers Australia

This post is a speech given by Karen Chester, Deputy Chair of the Productivity Commission, to the Australian Digital Alliance Forum at the National Library of Australia on 24th February 2017. It is licensed under a Creative Commons Attribution 3.0 Australia (CC-BY 3.0 AU) licence.
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Celebrate fair use, but don't misunderstand it. - The Illusion of More

Not that copyright stories should hope to compete with the drama coming out of Washington these days, but it’s more than likely that copyright policy and news will now be viewed through that multi-faceted, jittery lens; and the political climate certainly provides new context for creating freshly distorted views on various topics.
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Why Australian Schools Need Fair Use - International Communia Association

Like almost all nations, education is crucial to the future economic and social well-being of Australia. These are exciting times for education, but the benefits of the digital era will not be fully realised in our classrooms unless greater flexibility is introduced into our copyright laws. The rules around copyright were designed in the age of the photocopier; these are not working in the age of the iPad and the 3D printer, and are holding back innovation in schools.
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CJEU: EU can conclude Marrakesh Treaty without involving member states

A treaty that allows organisations to adapt some copyrighted publications for the blind and visually impaired can be concluded by the European Union acting on its own without involving member states, the Court of Justice of the European Union (CJEU) has said.
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Content industry organisations unite against proposed copyright changes

In a joint statement, The Copyright Agency, APRA AMCOS, Screenrights, the Australian Society of Authors, the Australian Recording Industry Association, FreeTV Australia, News Corp, Foxtel, Australian Screen Association, Screen Producers Australia and the Australian Publishers Association described the commssion’s recommendations on copyright, as laid out in its recent intellectual property report, as “based on faulty premises and misunderstandings.”
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Opinion | Statutory damages in copyright law: “On forgetting how to read a statute”

My colleague Sam Bray, who is one of the nation’s leading remedies experts, and also someone whose judgment I very much trust, passes along this note highly recommending Prof. Tomas Gómez-Arostegui’s “What History Teaches Us About U.S. Copyright Law and Statutory Damages
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Search Engines & Copyright Holders Ready Voluntary Anti-Piracy Code - TorrentFreak

Google and other search companies are close to striking a voluntary agreement with entertainment companies to tackle the appearance of infringing content links in search results. Following roundtable discussions chaired by the UK's Intellectual Property Office, all parties have agreed that the code should take effect by June 1, 2017.
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Copyright waiver for visually impaired persons greenlit by EU court

A copyright waiver that is intended to facilitate visually-impaired access to literature has been given the go-ahead by the European Court of Justice (ECJ), after eight member states filed a dispute.
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Copyright compliance and infringement in ResearchGate full-text journal articles

ResearchGate is increasingly used by scholars to upload the full-text of their articles and make them freely available for everyone. This study aims to investigate the extent to which ResearchGate members as authors of journal articles comply with publishers' copyright policies when they self-archive full-text of their articles on ResearchGate.
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