IP & Related
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Unchaining Richelieu’s Monster – Stanford Technology Law Review

This Article proposes a tiered revenue-based copyright regime, which would require copyright holders to select one of two different copyright terms. 

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Let's fix EU copyright law, for innovation and creativity online

The web today is far more than a network or platform - it’s also our collective canvas.


A global public canvas is an exceptional thing. It spurs innovation and creativity. It unlocks opportunity, empowers educators and fuels economies. In the 21st century, we should have laws that enshrine the power of the web.

But in the EU, some laws haven't yet caught up with the web.

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Rate my copyright law - how well does your law support libraries? | EIFL

The EIFL Core Library Exceptions Checklist sets out provisions that every copyright law should have to support library activities and services in the 21st century, such as lending, making an electronic copy of a journal article or book chapter for a user, providing library material for use in virtual learning environments, and undertaking digital preservation.
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Singapore to review legality of VPN technology under the Copyright Act

The Ministry of Law (MinLaw) and Intellectual Property office of Singapore (IPOS) on Tuesday announced a public consultation to gather feedback on the country’s copyright regime over the next two months. The proposed changes to the copyright laws are meant to keep pace with technological developments, which include permission to use text for data analysis even if the copyright owner could not be identified or contacted for consent.
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Copyright Group, In Arguing Against FCC's Set Top Box Proposal, Appears To Argue That VCRs & DVRs Are Also Illegal | Techdirt

Earlier this month, we wrote about how the Copyright Officer had filed a really bizarre and legally dubious comment with the FCC concerning the FCC's plan to open up competition in TV set top boxes, ending cable company's monopoly on those boxes (for which they bring in $21 billion in revenue per year).
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Copyright Alliance Pushes Back Against Critique of Agency's Set-Top Box Analysis - Morning Consult

he Copyright Alliance, a Washington-based group representing content creators and companies, submitted a filing to the Federal Communications Commission on Tuesday that pushed back against what it called a “campaign of misinformation” by the advocacy group Public Knowledge in a dispute over the FCC’s proposed rules for cable set-top boxes.
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A New Approach to Copyright Exceptions and Limitations | ARL Policy Notes

Any discussion with policymakers or rightsholders concerning the possible adoption of new copyright exceptions and limitations invariably centers on how to make sure that the exception is not abused. This leads to lengthy negotiations resulting in complex, difficult-to-use provisions that resemble the tax code. This pattern has been repeated in connection to the exceptions to section 1201 of the Digital Millennium Copyright Act, the TEACH Act for distance education (17 U.S.C. § 110(2)), the Chafee Amendment for the print disabled (17 U.S.C. § 121), and orphan works legislation, to name just a few of the more salient examples.
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Copyright essential to future prosperity

When the Productivity Commission hits the send button next month on its final report into intellectual property arrangements, it will ignite a political and cultural debate on the protection of copyright that has been simmering for years.
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Public “Selective” Knowledge — Medium

Disagreement on law and policy in the field of copyright have become routine. But in the past few weeks, Public Knowledge has crossed the line of civil and intellectual debate, levelling ad hominem attacks against the widely respected U.S. Copyright Office, claiming it “has a long history of being bad at its job, and misrepresenting the law.” But a critical review of Public Knowledge’s own statements reveals that these attacks are baseless, self-serving, and hypocritical.
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A New Approach to Copyright Exceptions and Limitations | ARL Policy Notes

Any discussion with policymakers or rightsholders concerning the possible adoption of new copyright exceptions and limitations invariably centers on how to make sure that the exception is not abused. This leads to lengthy negotiations resulting in complex, difficult-to-use provisions that resemble the tax code. This pattern has been repeated in connection to the exceptions to section 1201 of the Digital Millennium Copyright Act, the TEACH Act for distance education (17 U.S.C. § 110(2)), the Chafee Amendment for the print disabled (17 U.S.C. § 121), and orphan works legislation, to name just a few of the more salient examples.
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A tale of two courts, two countries and two ISPs: iiNet and Cox

It is unusual to get cases in different jurisdictions with such similar facts that they allow us to directly compare the application of law in those jurisdictions. For copyright geeks, the comparison between the US case BMG Rights Management (US) LLC v Cox Communications, Inc and the Australian case Roadshow Films Pty Ltd v iiNet Limited[1] is therefore something to be savoured (both decisions attached below). ISPs in New Zealand and elsewhere have been watching these developments with interest.
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Books. Demonising the Productivity Commission distracts from what's needed now

Kim Williams' speech at the Melbourne Press Club this week is the latest tirade against copyright reform. It's striking to observe such acid being spat at a Productivity Commission inquiry that isn't even finished. Modernising copyright's creaking 100-year-old structure with exceptions suited to our current environment – yes, including fair use – is really important, but there will be time to debate that when we have the report.
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TPP clause 'not making copyright easy to understand'

Under the changes, copyright will be extended from 50 to 70 years in a two-step approach.

Recorded Music, the group which represents the local music industry, supports extending copyright, but chief executive Damian Vaughan told the parliamentary committee hearing submissions on the TPP legislation that the phase-in period was unnecessary.
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And the prize for copyright violation goes to...

US and other authorities are missing the woods for the trees by not pursuing the biggest violator of copyright on the Internet: Google.
Nearly a month ago, the owner of Kickass Torrents was arrested in Poland. Since then the popular meta-search engine Torrentz closed its doors and rights holder Rightscorp won a court battle against Cox Communications, leading to it warning every ISP in the US that it would be coming after all of them.
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Open Content at the Getty: Three Years Later, Some Lessons Learned

Three years ago this week the Getty announced the launch of our Open Content Program, making available 4,600 high-resolution images from the Getty Museum and Getty Research Institute collections for anyone to use, modify, and publish anywhere for any purpose. In his announcement, our president Jim Cuno hinted that more content would be made freely available for reuse in the months to follow, including digital publications and other knowledge resources.
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Publishers Lose Another Round in GSU Copyright Case

In a brief, nine-page final order, the judge in the long-running Georgia State University e-reserves case has rejected the publisher plaintiffs’ bid for injunctive relief, and affirmed that the publishers must pay GSU's legal fees and costs.
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The Indie Designer’s Copyright Plight

This July, Los Angeles artist Tuesday Bassen posted a photo to Twitter showing her original designs next to suspiciously similar products made and sold by retailer Zara. Soon, news reports of her legal fight led to a swarm of allegations against the global fast-fashion company, with more than 40 designs identified by independent artists as their own—despite their claims that Zara had not paid any licensing fees. 
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Singapore to review VPN role in copyright infringement | ZDNet

Singapore has issued a consultation paper aimed at collecting public feedback on proposed changes to the country's copyright laws, which can include a review of IT tools deemed to help consumers bypass geo-blocks.
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24 Organisations Publish Open Letter on Essential Copyright Reforms | Australian Digital Alliance

An Open Letter from a diverse group of 24 organisations from across the Australian education, cultural and technology sectors was delivered to Senator Fifield, Minister for Communications and the Arts on Friday 19 June, congratulating him on his re-election and urging the prompt tabling of the Copyright Amendment (Disability Access and Other Measures) Bill.
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Of NARS and SNARS and copyright fair dealing - Lowndes Jordan

In Sky Network Television Limited v Fairfax New Zealand Limited [2016] NZHC 1883 (12 August 2016), Justice Fogarty has found for the defendant, Fairfax, refusing SkyTV’s interim injunction application for copyright infringement.
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Change to copyright law for industrially manufactured artistic works

Section 52 of the CDPA contains an exception limiting copyright protection for certain artistic works when they have been industrially manufactured. This means that when more than 50 copies of these artistic works are made, the current period of protection is limited to 25 years, compared to other artistic works which are protected by copyright for the lifetime of the creator plus 70 years.
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It's Guest Blog Wednesday featuring Tom Kennedy! - Scott Kelby's Photoshop Insider

For those who may not know me, allow me to share a bit about myself. I’m the Executive Director of American Society of Media Photographers (ASMP), this country’s leading trade association representing independent photographers working across commercial and editorial genres. I’m also an internationally known visual journalist with extensive print, broadcast, and online journalism experience, including positions as Managing Editor for Multimedia at The Washington Post, and Director of Photography at the National Geographic Society. Along the way, I have created, directed, and edited visual journalism projects that have earned Pulitzer Prizes, as well as EMMY, Peabody, and Edward R. Murrow awards.
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"Common Knowledge: Epistemology and the Beginnings of Copyright Law" by Jonathan Scott Enderle

Literary critics’ engagement with copyright law has often emphasized ontological questions about the relation between idealized texts and their material embodiments. This essay turns toward a different set of questions—about the role of texts in the communication of knowledge. Developing an alternative intellectual genealogy of copyright law grounded in the eighteenth-century contest between innatism and empiricism, I argue that jurists like William Blackstone and poets like Edward Young drew on Locke’s theories of ideas to articulate a new understanding of writing as uncommunicative expression.
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The Music Industry's New War Is About So Much More Than Copyright

The DMCA, says the letter, "is broken and no longer works for creators." The letter takes aim specifically at Section 512 of the law, which gives user-generated content platforms "safe harbor" from liabilities related to copyright infringement. In other words, artists say, YouTube profits off pirated copies of their music. That directly diminishes songwriters’ and artists’ earnings while allowing "major tech companies to grow and generate huge profits by creating ease of use for consumers to carry almost every recorded song in history in their pocket via a smartphone." YouTube, Google, and Alphabet aren't mentioned by name, but it's obvious which "major tech companies" they're talking about
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Recording Industry Whines That It's Too Costly To Keep Copyright Terms At Life Plus 50, Instead Of Life Plus 70 | Techdirt

Okay. I've heard lots of crazy arguments from the record labels, but I may have found the craziest. We've discussed how ridiculous it is that the TPP includes a provision saying that every country that signs on must make sure the minimum copyright term is life plus 70 years. This will impact many of the countries that negotiated the agreement, which currently have terms set at life plus 50. This was a key point that the recording industry and Hollywood fought hard for. When even the Copyright Office recognizes that life plus 70 is too long in many cases, the legacy industries recognized that getting copyright term extension through Congress in the US might be difficult -- so why not lock stuff in via international agreements?
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3D Printing DENIED - Patents and Copyright Law

One massive step forward in development in the world of making, and a law sends the creative world back a step. You could argue that relying on expired patents and copyright to make money is more copy work than creative, but is the UK beating a dead horse to save old designs from being shoddily copied for profit?
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