IP & Related
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Money for nothing: copyright law, YouTube, and the future of music [Part I] | FT Alphaville

This is the first of two pieces on the European Copyright Directive and its potential effects on the structure of the music industry.

The European Copyright Directive has an image problem. Well, at least, Article 13 of it does.

The legislation, which passed through European Parliament in September, and is currently in a consultation phase, is designed to protect content creators from exploitation by the internet giants. Many, however, are not happy.
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Mitsubishi Heavy Industries BrandVoice: How New Technology Is Democratizing Access To Space

The chances are today you’re going to listen to some music. And perhaps you’re listening to someone else’s music stream being played at work, in a café, office, auto workshop or the hairdresser’s? If so, they may be breaking the law by playing music publicly without a commercial licence.
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Lindsey Buckingham Sues Bandmates for Kicking Him Out of Fleetwood Mac | Hollywood Reporter

In a new lawsuit that is hardly typical, journalist Hillary Johnson is claiming to be the copyright co-owner of numerous taped interviews with Gilda Radner, the Saturday Night Live star who tragically died of cancer in 1989.

Johnson says these Radner interviews, conducted three decades ago to assist Radner in writing an autobiography, were incorporated into the recently released motion picture, Love Gilda, from Magnolia Pictures, 3 Faces Films and CNN Films. The plaintiff is now suing these production companies for infringement.
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‘Meme bans’ and ‘link taxes’: a copyright reform explainer | The Star

The European Union’s recent, sweeping changes to its copyright legislation aims to stop the rampant piracy of content, such as movies and music, while finding ways for artists and creators to get fairly compensated for their work when it is used or shared online. It also aims to create a more sustainable environment for news outlets, whose works proliferate online for free through links on the internet.
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EU’s copyright reforms caught in tangled web | The Star

“The internet’s hair is fully on fire” announced tech bible TechCrunch days ahead of an anticipated European Parliament (EP) approval of internet copyright reforms.

The reforms were expected to correct, at long last, the revenue imbalance between creators of online news, music and other content, and the handful of giant internet “platforms” that exploit that content at little or no cost.
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Not just Europe: EU Copyright Directive will censor the world's internet /

The EU's catastrophic new Copyright Directive is steamrollering towards completion, and that should worry every internet user, not just those in the EU.

Article 13 of the Copyright Directive requires online services to crowdsource a database of "copyrighted works" (anyone can add anything to these databases, with no penalties for falsely claiming copyright over public domain works, or works that don't belong to you).

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WIPO Broadcasting Treaty Unfit For Needs, Might Jeopardize Access To Culture, Scholar Says

The seminar held on 3-4 October in Geneva by Knowledge Ecology International featured Bernt Hugenholtz, professor of intellectual property law and former director of the Institute for Information Law of the University of Amsterdam. He described “three general weaknesses” in the current draft treaty text [pdf] discussed in the WIPO Standing Committee on Copyright and Related Rights (SCCR): economic, conceptual, and pragmatic.
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New North American Trade Deal Has Bad News for Canadian Copyright

Earlier this week, the U.S. Trade Representative announced a replacement deal for the North American Free Trade Agreement, the nearly 25-year-old trade deal between the U.S., Mexico, and Canada. Amid the long list of tariff-free products and restriction-free cheese names [PDF] in the new trade deal, called simply the United States-Mexico-Canada Trade Agreement  or USMCA, there’s a whole section called “intellectual property,” full of new mandates on what the signatories must do with regard to copyrights, patents, and trademarks.
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Justin Trudeau's NAFTA concessions include 20 year copyright extension /

Donald Trump has wrung many concessions out of Justin Trudeau on the NAFTA renegotiation, but none is more nonsensical and potentially damaging than a 20 year copyright term extension that will bring copyright in line with the US's extreme copyright system, where copyright endures for the life of the author plus 70 years, meaning that nearly every work created in US history will disappear due to commercial irrelevance, rather than being made available for scholars and other users by libraries and other nonprofits.
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Judge Rules in Favor of MoMA’s Copyright Infringement Suit Against Bowery Teashop MoMaCha - Artforum International

A Lower East Side tea shop formerly known as MoMaCha has been issued a preliminary injunction to stop using its name, logo, and website, momacha.com, as US district judge Louis L. Stanton sided with almost all of the accusations of copyright infringement brought forth by New York’s Museum of Modern Art against the business, reports Artnet.
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Copyright Act needs update for 21st century | Stuff.co.nz

OPINION: Copyright is hard to understand for most New Zealanders and well, for many of us, just a little boring. That's understandable - but for our writers, artists, musicians and creative businesses it matters a lot.

In fact it keeps many of them awake at night because it's what pays their bills and gives them the right to choose what they do with their work.

That's why the imminent release of the government discussion paper on the first review of our Copyright Act in over a decade is so important to our creative sector.
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Homebuilder prevails in copyright suit that sought $3M | 2018-09-20 | The Indiana Lawyer

A federal judge has ruled against a company reputed as a “copyright troll” in its lawsuit against a Jasper luxury homebuilder. The suit had sought more than $3 million in damages and fees, alleging the homebuilder infringed the company’s copyrighted architectural floor plans.

Southern District of Indiana Judge Tanya Walton Pratt granted summary judgment Wednesday to Kerstiens Homes & Designs Inc., of Jasper, and affiliated entities that were sued by Design Basics, LLC, and its affiliates. 
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The EU Copyright Directive: Round 2 - Lexology

The EU Parliament has now voted in favour of an amended version of the Copyright Directive. The original draft directive had been rejected by the…
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Art, AI & Infringement: A Copyright Conundrum | Techdirt

I don't want to waste any space with a long introduction, other than to say it's always incredibly frustrating when artists come up with inventive new ways to produce artwork, only to have those efforts met with stupid intellectual property issues. Experimentation is key to the artistic world and we've begun to see how artists are incorporating technology into what they produce. This should be exciting, but all too often that excitement is plagued by legal issues.
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Victoria Leachman on Twitter: "This is something I've been working on for a while - it's a pdf of a copyright duration and ownership flow chart unpicking the NZ Copyright Act 1994 for @Te_Papa If y...

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Richard Prince defends reuse of others’ photographs | The Art Newspaper

Both are from Prince’s 2014 New Portraits series, in which he enlarged and printed Instagram posts with such images. One uses a Donald Graham photograph, Rastafarian Smoking a Joint, and the other Eric McNatt’s photograph of the musician and artist Kim Gordon. Before enlarging the posts, Prince deleted some comments and added one of his own but left the photographs largely unaltered. Graham and McNatt sued, alleging copyright infringement.
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Artist Richard Prince blames his iPhone in copyright case

Controversial artist Richard Prince is back in court for an ongoing copyright case over two photographs used in his 2014 “New Portraits” series that were taken by artists Donald Graham and Eric McNatt. Prince — who took the images from Instagram and printed them largely unaltered with a comment he added — is arguing that his iPhone is a “paintbrush.”
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How Lowe's, The Liebherr Group And QuarterSpot Are Winning With Customer-Facing AI

With a presidential signature this morning, the Music Modernization Act — now officially called the Orrin G. Hatch-Bob Goodlatte Music Modernization Act of 2018 — has become law, having passed the Senate last month. This is the largest piece of copyright legislation to pass in decades, although its purpose is to plug holes in existing copyright law rather than effect a sweeping overhaul.
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Frankfurt Book Fair 2018: What Everyone Needs to Know About Copyright

Once the domain of Hollywood lawyers, the digital age has increasingly made copyright a more public-facing issue. And for years now, stakeholders in the U.S. have spoken of the need to update copyright law for the digital age—largely without results. Where does the copyright debate stand in the U.S. today? PW recently caught up with UCLA law professor Neil Netanel, author of Copyright: What Everyone Needs to Know (Oxford Univ. Press) to talk about copyright, and copyright reform.
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New Copyright Exceptions Treaty Proposed By Civil Society; Seeking Country Support

Negotiations on possible exceptions to copyright for specific actors such as libraries, archives, universities and research institutions at the World Intellectual Property Organization have been stalling for years. Last week, a group of civil society organisations published a proposed draft treaty text for copyright exceptions for educational and research activities. Now they are seeking support from WIPO members to shoulder the text.
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Publishers accuse ResearchGate of mass copyright infringement

ResearchGate, a popular for-profit academic social network that makes it easy to find and download research papers, is facing increasing pressure from publishers to change the way it operates.

On Tuesday, the American Chemical Society and Elsevier, two large academic publishers, launched a second legal battle against the Berlin-based social networking site -- this time not in Europe, but in the U.S.
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What Copyright? Balenciaga Responds to City Merch Copying Lawsuit —

Balenciaga did nothing wrong in showing New York City souvenir-inspired bags (and sweatshirts) as part of its Resort 2018 collection and then selling them for upwards of $1,000. That is what the American arm of the famed Paris-based design house is arguing in response to the lawsuit it was hit with in July by New York-based City Merchandise, Inc. The plaintiff, which describes itself as "one of the country’s largest souvenir wholesalers,” alleges that the Demna Gvasalia-helmed fashion brand infringed its federally registered copyright by replicating its version of a New York City cityscape design and is seeking an array of monetary damages from Kering’s fastest-growing brand as a result.
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Europe's Copyright Reforms Are More Than (Just) A Boring Policy Change : NPR

Earlier this month, British pianist James Rhodes received a notification from Facebook. A short video he had recorded and uploaded of himself playing a passage of Bach's Partita No. 1 had been flagged by Facebook's copyright identification system as belonging to Sony Music, resulting in 47 of the video's 71 seconds being muted.
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To fix Canadian copyright, let creators claim their rights back after 25 years /

Copyright markets are -- and always have been -- broken. People make art because they have to, and there's always a middle-man ready to take advantage of the oversupply of willing creators to grab our rights and pay us peanuts.
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Senate passes copyright bill to end 140-year protection for old songs

For the last decade, the Congressional debate over copyright law has been in a stalemate. Content companies have pushed for stronger protections, but their efforts have been stopped by a coalition of technology companies and digital rights groups.
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