The Cult of Jeff Koons by Jed Perl (via CultureCrash) — Jeff Koons is known in the copyright world as a defendant in at least two major decisions involving appropriation art (Rogers v Koons and Blanch v Koons). Here, the New York Review of Books runs a gutting critique of his latest exhibition, a retrospective of his work at the Whitney Museum of American Art in New York City. “Koons, simply put, is Duchamp with lots of ostentatious trimmings. This is not a pretty sight. Duchamp’s readymades have an almost monastic austerity. Koons has bulked them up, transforming the ultimate insider’s art into the art that will not shut up.”

U2 and the Irony of “Permission Rage” — “All those folks busy downloading all that music for all those years that just seemed to be out there for the taking: do you think they were getting anyone’s permission? All the music sitting there on all the torrent sites, waiting to be taken, 24 hours a day—how much of that is up there with anyone’s permission? But oh my goodness, dare to insert 11 U2 songs into my iCloud storage area and suddenly I am Lord High Minister of Permission? Ironic, ain’t it?”

Using Search Results to Fight Piracy — Smith, Sivan, and Telang released a new study this week that examined how the prominence of pirate and legal sites in search results impacts consumers’ choices for infringing versus legal content. Their “results suggest that reducing the prominence of pirate links in search results can reduce copyright infringement.”

Common Ground: How Intellectual Property Unites Creators and Innovators — And if you’re in the DC area in October, consider attending this CPIP conference, with a keynote by Richard Epstein and two days of fascinating panel discussions.

Monkey Selfies & Animal Artists — An interesting take on the frequently discussed monkey selfie from a philosophical perspective.

Yes, Internet TV is near, but there’s too much money in cable to go there — “‘What is the appropriate way to market your product? Is it good to go directly to the consumer? Is it appropriate to be streaming? What is the future, how do we grow these businesses?’ Moonves asked. ‘I don’t think there is a media guy you’ve got up here that isn’t involved every week’ in those discussions.”

The concept of parody and the legitimate interests of parodists and copyright holders — Kluwer Copyright Blog examines a recent CJEU decision concerning parody.

D.C. door swinging Google’s way — It may soon be the case that the best way to get into government work is to start at Google. And vice versa.

Google Is Target of European Backlash on U.S. Tech Dominance — “Accusations are mounting that Google unfairly exploits its dominant position in search, giving a competitive edge to its growing stable of businesses, like YouTube videos, its Google Play app store and its news alerts.”

LouFest 2014: Cake’s John McCrea Talks Follow-Up To ‘Showroom of Compassion,’ Disdain For Tech Companies, State Of Music Industry, And More (via Trichordist) — McCrea: “And there are people, mostly in the tech industry, who say, ‘Oh, music shouldn’t be a job, you should have a day job and then play music on the side.’ But most day jobs don’t allow you to go on tour. So that’s why friends of ours have quit because you can’t just take off from your day job and go on tour for a month. There is a choice. So I see it as rather disingenuous of an industry that is actually monetizing our work and making really good money off it but not even thinking to share that money with artists to tell us that we can’t have a professional career. It is kind of selfish and sh*tty.”

The Classical Cloud (via CultureCrash) — “If I were a music-obsessed teen-ager today, I would probably be revelling in this endless feast, and dismissing the complaints of curmudgeons. No longer would I need to prop a tape recorder next to a transistor radio in order to capture Bruckner’s Sixth Symphony. The thousand-year history of classical music would be mine for the taking. But there is a downside to the glut of virtual product and the attendant plunge of prices. As the composer-arranger Van Dyke Parks has argued, in a recent essay for The Daily Beast, the streaming model favors superstars and conglomerates over workaday musicians and indie outfits. Its façade of infinite variety notwithstanding, it meshes neatly with the winner-take-all economy. And if it ever comes crashing down—streaming services have struggled to turn a profit—hoarding may return to fashion.”

On Scalia’s Aereo Dissent — Devlin Hartline takes a closer look at the dissent from this summer’s Aereo decision and finds it lacking, primarily because it applies case law concerning the reproduction right to a question involving the public performance right.

Book Excerpt: “Showrunners: The Art of Running a TV Show” — Very interesting look behind the scenes of television production. The book combines an informative look at the art of creating and running a TV show with interviews with showrunners from popular shows.

Google Accord With Harvard Tie Fails Judge’s Smell Test — Another cy pres settlement rejected because money from Google would be funded to institutions it enjoys close relationships with. For an in-depth look at this topic, be sure to read Google and Facebook’s new tactic in the tech wars.

More on How a Fox News Lawsuit Might Impact the Future of News — This week, summary judgment motions from parties became publicly available. The lawsuit pits Fox News against media monitoring service TVEyes, with the former alleging the latter runs a commercial service reproducing and distributing copyrighted content without permission. TVEyes is asserting a fair use defense.

Getty Images sues Microsoft over new online photo tool — “In effect, defendant has turned the entirety of the world’s online images into little more than a vast, unlicensed ‘clip art’ collection for the benefit of those website publishers who implement the Bing Image Widget, all without seeking permission from the owners of copyrights in those images,” said Getty.

Intellectual property and economic prosperity: Friends or foes? — Mark Schultz and Adam Mossoff: “Looking at the bigger picture, the broad sweep of economic history indicates that when it comes to economic prosperity and innovation, the U.S. and a few other nations have been doing something right for the past two centuries. The U.S. and Great Britain led the world into unprecedented prosperity and development through the Industrial Revolution, and the U.S. remains responsible for a vast amount of the innovation and creativity driving global prosperity – from the world’s most successful creative industries to smartphones to life-saving drugs.”

Behind the Best Pictures From Ferguson, With Getty Photographer Scott Olson — Olson, who was briefly arrested while covering the protests in Ferguson, Missouri, talks to New York Magazine about some of the popular and powerful photographs he has so far captured.

How Social Media Silences Debate — The New York Times points to a study that finds that people are less likely to express dissent on issues online than they are in person, contrary to what some had predicted.

Meet The Publisher Who Ditched Amazon And Is Selling More Books Than Ever — “In a turn of events that might offer some solace to other publishers, White recently announced that EDC has not only survived the leap into the unknown but just had its best year ever in net revenues. July sales were up 28% over the same month last year, and first-quarter revenues came in 20% higher than 2013’s numbers.”

How do writers find their voices? — Interesting preliminary results from a survey of writers. “One particularly startling finding has been that many writers are unable to ‘see’ the faces of their protagonists. The main character often registers as a blank – or, in one case, pixelated like a censored photograph.”

Will Indie Film Survive? — Scott Timberg: “One of the casualties of our current cultural situation is the erosion of the middle — the middle class, the midlist author, the middlebrow, and the mid-budget film. Independent film, with its interest in boundary pushing and risk-taking, may not seem to belong in that company, but it’s vulnerable to all the same forces.”

The Copyright Office Releases Public Draft of Compendium III — The US Copyright Office this week released its long anticipated new version of the Copyright Compendium, a detailed and comprehensive guide for examiners, as well as the general public, concerning copyright registration. At over 1200 pages, it may not be the best bedtime read, but it should prove invaluable as a reference.

Copyright Review Process Will Continue Into 2015; Education and Circumvention Will Be Next Issues Examined — With just a few weeks remaining before Congress returns from recess, BNA’s Tamlin Bason sat down with Representative Goodlatte to discuss the ongoing copyright review process and what we can expect in the upcoming months.

Why Don’t Today’s Hits Reflect the Times — Interesting article from Billboard. “Why don’t today’s top 40 acts have anything to say? Donovan laments that ‘[The] artists of 1960s and ’70s were much more socially conscious of the feelings and mood of the nation than many of today’s artists.’ Zapoleon adds, ‘Outside of [the] standard themes of love, sex, party and everyday minor social happenings in life, there just aren’t a lot of songs that are relevant to challenges people are facing today, or that talk about contemporary major events in America or the world.’”

Delaware becomes first state to give executors broad digital assets access — The law would allow an estate access to a decedent’s online accounts. Interestingly, the article notes that tech companies like Google, Facebook, and Yahoo oppose the law.

Why Exactly Is There a ‘Jarhead 2’? Hollywood’s Secret-Sequel Economy — Why make a sequel to a movie like Jarhead? It’s still playing big where it matters. The numbers make sense. The EVP’s team looks at DVD rentals, iTunes downloads, streaming numbers, TV distribution, and international markets. When asked of his intel-gathering methods, Ross is transparent: “I got Google.” Online chatter is a vital metric, too. Ross could produce a wartime movie that doesn’t infringe on the legacy of Jarhead, but slapping it with a stagnant IP gives it automatic legs. “It does some marketing for you. You come to it with a built-in consumer. You go on Facebook and people are constantly having dialogue about it,” Ross says.

The Free and the Antifree — A thought-provoking article from n+1 that asserts there is an emerging “antifree” movement that serves as a counter and critique to the “free culture” position.

Special announcement: If you’re a recent law school grad in or interested in DC and copyright, the Copyright Alliance and the Copyright Office are both hiring. Info on the Copyright Alliance legal fellow position here; info on the Copyright Office Barbara A. Ringer Copyright Honors Program here.

The Internet’s Original Sin — Spoiler alert: it’s advertising. A fascinating read that details why the reliance on ad-based business models may be destroying the internet. Ethan Zuckerman points to four downsides to this model: it encourages surveillance, reduces the production of thoughtful content, results in centralization of control, and causes negatives like filter bubbles and echo chambers.

Harper’s Publisher Standing Firm in His Defense of Print and Paywall — “His thesis is built on three pillars. The web is bad for writers, he said, who are too exhausted by the pace of an endless news cycle to write poised, reflective stories and who are paid peanuts if they do. It’s bad for publishers, who have lost advertising revenue to Google and Facebook and will never make enough from a free model to sustain great writing. And it’s bad for readers, who cannot absorb information well on devices that buzz, flash and generally distract.”

Reading Literature on Screen: A Price for Convenience? — “In most respects, there was no significant difference between the Kindle readers and the paper readers: the emotional measures were roughly the same, and both groups of readers responded almost equally to questions dealing with the setting of the story, the characters and other plot details. But, the Kindle readers scored significantly lower on questions about when events in the story occurred. They also performed almost twice as poorly when asked to arrange 14 plot points in the correct sequence.”

Warner Bros. Wins Appeal Over Fictional Technology in ‘Dark Knight Rises’ — Though not copyright, an interesting IP case involving the developer of a product suing the Batman studio for including in the film a product that used the same name. Spoiler alert: things did not end well for the developer. Said the Seventh Circuit, “Trademark law protects the source-denoting function of words used in conjunction with goods and services in the marketplace, not the words themselves.”

The Cult of Sharing — “None of the users of the new profit-driven services are under any delusion that they are transacting with others—the term sharing economy even highlights this fact. What’s crucial to realize is that proponents of ‘sharing’ are reinventing our understanding of economic relations between individuals so that they no longer imply individualism, greed or self-interest. Instead, we’re led to believe that commerce conducted on their platforms is ultimately about generosity, helpfulness, community-building, and love.

Is Spotify Killing Music? — “British singer-songwriter Billy Bragg has compared YouTube to Big Brother. ‘Rather than a huge boot stamping on a human face forever,” he said at a London press conference in June, “it’s a corporation that changes its logo every week.’”

No one cares about manufacturing costs — “Amazon wants to sell ebooks profitably at $9.99. In order to do that, they need publishers to sell them the books at some number less than that. It’s the same negotiation Home Depot has with Black & Decker. Except that you don’t see Home Depot setting up websites that selectively quote George Orwell to make their point.”

Orwell estate hits back at Amazon’s corporate ‘doublespeak’ — “Jean Seaton, director of the Orwell prize, an award for political writing set up in honour of the author, was equally outraged. ‘That Amazon should manipulate Orwell against the interests of writers and their publishers is dystopian and shameless,’ she said today. ‘Orwell, before he had any money, gave a lot of it away to poor and young and struggling writers. Amazon has no interest in writers and wants to throttle publishers. It is marching towards becoming a monopoly book and consequently a monopoly ideas provider – in order to maximise its commercial interest. A world in which all thought has to be bought from one place is Orwellian.’”

Stop Writing Dystopian Sci-Fi—It’s Making Us All Fear Technology — The future is fun, the future is fair.

Plot thickens as 900 writers battle Amazon — “Some writers wholeheartedly supported the letter but were afraid to sign, Mr. Preston said. A few signed it and then backed out, citing the same reason… Mr. Preston’s longtime writing partner, Lincoln Child, is among those with qualms.’I am very apprehensive,’ Mr. Child said. ‘Not all David and Goliath stories end happily for the little guy. But I think Doug did the right thing.’”

Kurt Sutter Attacks Google: Stop Profiting from Piracy (Guest Column) — The Sons of Anarchy producer pens a passionate call to action for his fellow creative professionals, highlighting the dangers of Google, which, as he puts it, “is in the process of systematically destroying our artistic future, and more importantly, the future of our children and grandchildren.”

Mossoff on Intellectual Property Rights as Property — Legal scholar Adam Mossoff writes an introduction to the recently published Intellectual Property and Property Rights, which “presents the three basic analytical frameworks in which intellectual property rights are defined or justified as property rights – historical, conceptual, and normative.” A good introduction for those interested in the academic discussion of IP and property.

‘Academic Urban Legends’ — Not copyright related, but should be of interest to those who engage in copyright scholarship. The article points out that the belief that spinach is high in iron is a myth. Scholars have long pointed out that the myth was caused by German scientists in the 1930s after they accidentally put a decimal point in the wrong place. But that story is also a myth, perpetuated by academic sloppiness in citation practices.

Of Macaques and Men: [obligatory monkey pun subtitle here] — Matthew David Brozik weighs in on #monkeyselfie. “Is it possible that Wikimedia and some lawyers have not heard of joint authorship?” he asks. “This legal fiction is surely preferable to the alternative, which denies Slater the full benefits of his efforts. The monkey did the smallest part of the work. The man deserves the reward.”

Aereo files emergancy motion on remand arguing it’s a cable provider entitled to Section 111 compulsory license — via Shades of Gray‘s Naomi Gray comes the just-filed memorandum of law from Aereo in support of its argument that, despite two years strenuously claiming otherwise, it is, actually, a cable provider. But only under the Copyright Act, where it can get the benefit of a below market rate compulsory license for transmitting copyrighted works, not under FCC regulations, which would subject it to retransmission consent and a host of other obligations.

Space Creators: Building the Guardians of the Galaxy — The Credits takes a closer look at some of the craftspeople involved in producing the big-screen version of Guardians of the Galaxy, opening in theaters today.

Copyright.gov — Did you see the redesigned web site for the US Copyright Office yet? Looks pretty sharp!

Ultra Records Responds to Michelle Phan & Kaskade Copyright Controversy — “When a music artist or songwriter signs to Ultra, it is our responsibility to protect what they have created. Enforcing copyrights is fundamental to the survival of artists, writers and producers, and to Ultra’s ability to continue to invest in and support them, so that they can continue to bring great music to music fans around the world. Whatever Ultra collects enforcing these important rights is shared with its artists according to their agreements.”

Should there be a system for resolving small copyright claims? — A look at last week’s House Judiciary IP Subcommittee’s hearings on copyright remedies and the question of whether Congress should create an expedited process for resolving copyright disputes involving low dollar amounts. Last year, the US Copyright Office released a report recommending just that.

We’re All Waiting, BitTorrent — “Funny how some technology companies like BitTorrent are always extolling the unlimited power of technology – except when it can be used to help creators by preventing the unauthorized distribution of their creative content.”

Garrett Brown: An Interview with a Visionary-Part 1 — Nick Friedman speaks with Garrett Brown, a cinematographer and inventor of the Steadicam, an innovation which, in the words of Stanley Kubrick (who famously used it in The Shining) “would revolutionize the way films are shot.”

Great Photos, Little Cash: The Problem of “Small Claims” in Copyright — Coinciding with the House Judiciary IP Subcommittee’s hearing on copyright remedies, attorney Tara Aaron highlights a recent default judgment against a website that had allegedly infringed a photographer’s copyrights. Though the court awarded the photographer statutory damages and attorney fees, because the award of attorney fees was limited by local rules, the photographer still ended up short. It’s a good case study for the need for a “small claims” procedure.

“Notice & Notice” does Not Contribute to a Balanced Copyright System — A comparison between the US notice-and-takedown system and Canada’s new notice-and-notice system and why the first is better for creators.

Disney’s corporate synergy, 1957 and today — Screenwriter John August shares an interesting chart from 1957 showing how “the various elements of the Walt Disney company fit together.” This holds true still today. “The company makes money in many ways, but feature films are still the key drivers. You don’t get Cars merchandise without the movie. The success of Frozen is an example of how Disney can capitalize on a hit film by using it in other divisions: Disneyland attractions, TV tie-ins (Once Upon a Time), music, books, merchandise, and possibly a Broadway musical.”

Report on the responses to the Public Consultation on the Review of the EU Copyright Rules — Like the US, the European Union is currently in the process of reviewing its copyright laws. Here is the result of a public consultation process that concluded earlier this year, generating nearly 10,000 responses. “The consultation covered a broad range of issues, identified in the Commission communication on content in the digital single market , i.e.: ‘territoriality in the Internal Market, harmonisation, limitations and exceptions to copyright in the digital age; fragmentation of the EU copyright market; and how to improve the effectiveness and efficiency of enforcement while underpinning its legitimacy in the wider context of copyright reform’.”

“Fifteen years of utter bollocks”: how a generation’s freeloading has starved creativity — A great essay from author Chris Ruen, whose excellent book Freeloading: How our insatiable appetite for free content is starving creativity has recently been released in the UK. “Any desperate excuse was good enough, so long as it justified the original campaign. Otherwise, the people who fought against copyright in this battle would have to confront the fact that they were never carrying the flag for freedom or ‘openness’, but for aggression, entitlement and selfishness masked by superficial delusions of grandeur.”

5 Major Publications that Cover Copyright Well — From Jonathan Bailey at PlagiarismToday, a nice list of mainstream news sources with above average copyright coverage.

Aereo Hits Roadblock in Effort to Become Cable System — Back in the District Court following the Supreme Court’s remand, Aereo pursued a new line of argument: that it is a cable system, and thus entitled to carry broadcast programming under the Copyright Act’s Section 111 compulsory license. This week, the Copyright Office rejected that argument (though it provisionally accepted the application until the court rules on the issue). Aereo still has the option of bringing the question to the FCC, but that would subject it to a host of regulations, including the need to negotiate retransmission consent with the broadcasters.

DMCA’s protection of copyright management information applied to non-electronic works — Evan Brown provides a heads-up on a recent decision involving § 1202, a lesser known section of the DMCA that prohibits the removal or alteration of “copyright management information.” The question here was whether that provision applies “only to electronic works intended for distribution over the internet, or whether it applies to more traditional works such as hard copy technical drawings.” The court here chose the latter.

Fishman on Creating Around Copyright — “It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view the promotion of creativity as copyright’s mission usually consider this constraint to be a necessary evil at best and an unnecessary one at worst. This conventional wisdom rests on the seemingly intuitive premise that more creative choice will deliver more creativity. Yet that premise is belied by both the history of the arts and contemporary psychological research on the creative process. In fact, creativity flourishes best not under complete freedom, but rather under a moderate amount of restriction.”

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