How Silicon Valley is erasing your individuality — “Rhetorically, the tech companies gesture toward individuality — to the empowerment of the ‘user’ — but their worldview rolls over it. Even the ubiquitous invocation of users is telling: a passive, bureaucratic description of us. The big tech companies (the Europeans have lumped them together as GAFA: Google, Apple, Facebook, Amazon) are shredding the principles that protect individuality. Their devices and sites have collapsed privacy; they disrespect the value of authorship, with their hostility toward intellectual property.”
Labor and Creativity — CreativeFuture’s Adam Leipzig reflects on the critical role labor unions play in our creative culture. “In our rush toward an uncertain future – a future in which creativity and vibrant culture should play a salutary and transformative role – it’s worth remembering the value of creative people in large numbers. Labor unions have protected and enhanced the world we live in and have granted creative people the opportunity to make a living.”
Judge Explains KinderGuides Copyright Case Decision — “Judge Jed Rakoff last week finally issued a written legal opinion in a closely-watched copyright case involving unauthorized ‘children’s guides’ to four classic works, needing just 12 pages to dispatch with defendant Moppet Books’ claims that their works were protected by fair use.”
The Israel Supreme Court adopts the conceptual separability test of the US Copyright Office, rejecting the Star Athletica standard — An interesting case note from IPKat. “After conducting a comparative law analysis, the Supreme Court adopted a three-fold test for copyrightability. The first prong is whether the article is eligible to be registered as a design. If the answer is ‘yes’, then the court should turn to the second prong, whether the work may be separated from the article. If the answer is ‘no’, then the third prong kicks in, namely, whether the work is copyrightable under the Copyright Law.”
Copyright Office Publishes Archive of Briefs and Legal Opinions — Finally, the Copyright Office has published a treasure trove of copyright law documents for your weekend reading pleasure.