“The law, like the marketplace, applauds innovators. It rewards the trend-setters, the market-makers, the path-finding non-conformists who march to the beat of their own drums. To foster such creativity, statutes and common law rules accord to inspired pioneers various means of recompense and incentives.”1

Please help UK indie labels harmed in PIAS warehouse fire — One of the many casualties of this week’s riots in London was a warehouse containing inventory for a large number of independent record labels. Many lost large portions of their entire physical inventory. The Create Digital Music blog has additional information on official and third-party efforts to assist the labels and artists affected.

Creative America is seeking stories from those affected by content theft — The new grassroots organization writes: “Don’t forget to share your story about how content theft has affected you or a project you’ve worked on. Email us your story at stories@creativeamerica.org along with your name and studio and/or union affiliation for our upcoming new website and our Facebook and Twitter feeds!”

Authors and press publishers worry about making a living in the digital age — Future of Copyright takes a look at these worries, specifically as explored by Robert Levine in his new book Free Ride and German economist Torben Stühmeier.

New Website for the National IPR Coordination Center — ICE announces a redesigned website for the Center, which coordinates enforcement efforts, investigations, and training between 17 different federal agencies charged with protecting IP rights.

Zediva ‘suspending’ operations; many legal alternatives remain — The streaming site has officially shut down its operations following a federal court imposing a preliminary injunction against it. The MPAA notes the wealth of services where movie fans can watch films online, from iTunes to Netflix, Amazon, Vudu, and VOD offerings from cable and satellite providers.

The Numbers Behind a CreateSpace Bestseller — CreateSpace, a subsidiary of Amazon.com, provides Print On Demand services for authors. How much can writers sell through it? Author Lee Goldberg reports that he was #4 on the fiction bestseller chart at CreateSpace in July … and he had sold 204 copies.

Waiting for Kirtsaeng: the Still Unresolved Tension Between Sections 602 and 109 of the Copyright Act — Last year’s 4-4 split in Costco v. Omega did little to provide guidance for those involved with grey market goods and parallel imports. Andrew Berger looks at three separate cases pending in the 2nd Circuit that must resolve the issues the Supreme Court punted on.

The Greatest Anti-Plagiarism Video I’ve Seen — Entertaining video aimed at educating college students about the dangers of plagiarism. “A Plagiarism Carol” is in Norwegian, but includes English subtitles.

Why Free is so Misunderstood — Faza looks at the strange subset of pundits who champion the “economics of free” as though it were some sort of religious tenet. The reality is that the ideas of loss leaders, promotional giveaways, and giving away the razors and selling the blades have been around for centuries. Creators shouldn’t ignore these ideas, but they also shouldn’t rush into giving away their work because it’s the latest craze.

Hargreaves IP Review – the Response — The Copyright Alliance presents a guest blog from PPL’s Dominic McGonigal looks at the latest UK IP Review, the Hargreaves Report. He notes that the UK’s efforts to reform copyright law are beginning to seem like Groundhog Day: “Another review of IP. Another Report. Another set of Recommendations.”

Footnotes

  1. Louboutin v. Yves Saint Laurent, Decision and Order, No. 11 Civ. 2381 (SDNY Aug. 10, 2011). []

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“[I]t is virtually axiomatic that the public interest can only be served by upholding copyright protections…”1

Federal Judge Grants Injunction Against Zediva — A major setback for the unlicensed streaming service this week as the motion picture studios were granted the preliminary injunction they sought. In A Rose By Any Other Name, the 1709 Blog notes that this was thoroughly unsurprising. Zediva’s “loophole” wasn’t a novel interpretation; others have tried and failed as far back as 1984.

With Final Filings, Parties in GSU E-Reserve Case Await Verdict — Higher ed has been closely watching the copyright infringement suit between academic publishers and Georgia State University regarding its e-reserve practices. Publishers Weekly reports on the post-trial developments before the upcoming verdict.

Myths About Fair Use — Patricia Aufderheide, writing at Inside Higher Ed, discusses seven myths about fair use and the academic world. Good read for anyone in education. Especially good: “Myth #5: Sure, fair use is on the books, but it’s too risky — even if I’m right, I could get sued.”

Copyright Infringement IS Theft, You Filthy Pirates — The Humble Indie Bundle is a group of independently developed video games. It’s sold under a “pay-what-you-want” model (minimum price: one cent), with proceeds going to various charities. Yet, the games are still pirated. This eloquent rant is aimed at those who attempt to justify this kind of theft.

Pirate Economics — The Cynical Musician gives us an economic analysis of online piracy.

The Grammar of Copyright — Jonathan Bailey talks about the proper use and spelling of the word “copyright”. It’s an interesting topic, as the word can be either a noun or a verb. Anyone who has spent time reading or writing about the subject knows the word is frequently misused; and no wonder, even I sometimes have to pause to figure out if I’m using it correctly.

UK Proposals to Modernize UK Copyright Act — Sookman also takes a look at the UK government’s adoption of a number of recommendations from the Hargreaves Report. He also notes that the fact that the blocking of infringing sites was not adopted is not as big a deal as it has been made out to be.

UK Copyright caselaw update: the Lucasfilm, BT, ITV and Meltwater cases — Barry Sookman summarizes the four major cases that came out of the UK last week. Great article for getting caught up in one sitting.

On Location: Picture Shop Frames a Hollywood Future (via MPAA Blog) — The LA Times profiles a California business that provides picture frames and other items for TV and film productions. The story highlights the role small businesses play in the entertainment industry.  ”Catering to Hollywood has become an increasingly vital source of income to small business owners like Cruz, who have been buffeted by a deep recession and an anemic recovery that has kept may consumers from buying discretionary items like picture frames. ‘If it wasn’t for the film and TV business, we would be in hot water,’’ said Cruz, who generates 75% of her annual sales — more than $500,000 a year -– by supplying frames to set decorators on such TV shows as ‘CSI’ and HBO’s ‘True Blood’ and movies including ‘Spider-Man 3,’ ‘Funny People’ and the upcoming December release ‘The Girl with the Dragon Tattoo.’”

Facebook’s Complete Guide to Building a Band Page — The social networking site has released a 40 page guide designed to helping musicians get the most out of Facebook pages and Facebook integration with their websites. Though it’s geared specifically toward musicians, most of the information is helpful to other creative professionals and small businesses.

MTV’s standard Real World contract — The Village Voice got their hands on a copy of a contract used for participants in MTV’s The Real World. Read it in all its glory. Be sure to check out paragraph 41 on page 17: Real World cast members are responsible for clearing permissions on all copyrighted music, photos, and video that they perform or use when on camera.

Footnotes

  1. Order granting preliminary injunction against Zediva, quoting Apple Computer v. Franklin Computer Corp, 714 F.2d 1240, 1255 (3rd Cir. 1983). []

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Content and Technology is not an Either/or Choice — The Copyright Alliance disputes the framing of efforts to better protect IP rights as a choice betweencopyright and innovation. “The copyright community and the technology sector drive and sustain each other.  They each contribute disproportionately to the wealth of this nation, and both sectors depend on a vibrant, legal marketplace of digital content.”

Celebrating World Press Freedom Day, and What the First Amendment Means to the MPAA — The Motion Picture Association of America’s new chairman Chris Dodd reflects on the role of the organization in defending free speech rights for filmmakers, a theme I discussed on this site recently. “Many people don’t realize that the MPAA itself was born as an answer to government censorship.  Before the establishment of the MPAA’s Classifications and Rating Administration, early filmmakers battled a mishmash of local, state and federal boards that mandated strict ‘moral standards’ that often destroyed the artistic integrity of films or kept them from being shown at all.”

Limewire Case Settles, Mid-Trial, For $105 Million — Thursday evening brought news that the file-sharing service reached a settlement agreement with the record labels that had brought suit against it before the close of the first week of the jury trial to determine damages. Q: How much of the settlement is going to the artists? A: More than they got from Limewire.

MPAA v. Zediva is Shaping up to be Quite the Legal Showdown — Remember Zediva, the video-on-demand startup that streams movies online from actual DVDs in remote DVD players to avoid licensing fees? They were, of course, sued by film studios. PaidContent reports that both sides seem to be placing a high priority on this lawsuit, considering the high-power lawyers being called on for litigation.

YouTube boosts movie rentals with over 3,000 Hollywood titles — The video-sharing site joins online movie providers like iTunes and Amazon, allowing users to watch films for a couple of bucks. The titles include classics like Goodfellas and newer releases like Inception.

Library of Congress and Sony create the National Jukebox — The record label has made thousands of previously unavailable historical recordings available to the general public through a joint effort with the Library of Congress. According to the LA Times, “The collaboration between Sony and the Library of Congress is intended to keep any cost to taxpayers to a minimum and to make the streaming files available quickly. In return, Sony will receive data on which recordings are streamed most frequently to help determine which may have commercial potential.” Win-win-win.

Interview: The Art of Video Games at the Smithsonian — Boing Boing contributor Rob Beschizza interviews the organizer and exhibition curator of the Smithsonian’s upcoming Art of Video Games exhibition. “We want to show people that video games are more than they might appear on the surface, that they can have incredible depth, beauty, and emotion.”

4 Predictions for Copyright Reform Attempt 4 — With the recent Canadian elections completed, it is likely that the new government will resume the efforts to reform the nation’s copyright law. Attorney James Gannon offers his predictions on what changes to expect this time around in light of recent developments in copyright law and digital technologies.

The E-Book Gold Rush — Author Lee Goldberg injects some reality into the recent success stories of self-publishing authors in the digital world. Yes, authors can find new opportunities with e-books and shouldn’t ignore their potential. But the fact remains that a new system that makes it easier for an author to spread her work makes it easier for every author to spread her work — bringing us back to square one in the amount of time and effort needed to build an audience.

Google Books and the Rule of Law— Howard Knopf pens this op-ed about the broader rule of law and international law implications of the Google Books project. “The Google Books project has frequently been likened to a reincarnation of the Library of Alexandria in a digital, fireproof format—because it could include virtually all the world’s important books in an instantly accessible database. However, what has been shown to be technically achievable and widely praised is far from clearly legally viable. There is considerable concern from those who care about core values in copyright and international law, and indeed the rule of law itself. Nobody is above the law—not even Google. Class actions were never intended to usurp legislation and treaties.”

GAO Still Stonewalling on Sources for “Stealing is Good” Report — Chris Castle documents his efforts requesting information from the Government Accountability Office regarding the unnamed experts who advanced the idea of positive effects of piracy in last year’s report on “Observations on Efforts to Quantify the Economic Effects of Counterfeit and Pirated Goods.”

Cheezburger Networks of sites suck — A very short blog post from photographer Terry Border at Bent Objects, but a great excuse for me to point people to his work. Border uses everyday objects to create whimsical scenes — circus peanuts performing in a circus, for example. Here, he complains about the popular image aggregator sites which misappropriate photos from the web, routinely without regard to attributing the original authors. Says Border, “I’ve heard a couple of comments that blame the submitters to their sites, and not Cheezburger themselves. Well, who put together the way their sites work? They can try to wash their hands of wrong-doing, but it’s their system, and they know the end result will be lots of anonymous images thrown into the furnace of their giant money making machine.” Hm, sounds familiar.

Finally, from the academic world, I recommend the following:

Copyright, Complexity and Cultural Diversity (via Legal Theory Blog) — In this forthcoming Chapter, available at SSRN, Michal Shur-Ofry-

“challenges the prevailing view pertaining to the connection between broad copyright protection and lack of cultural diversity. Prominent scholarship in the field of copyright links the lack of diversity in cultural consumption to the broad copyright protection afforded to cultural works. Copyright, so goes the argument, constitutes a major basis for the activities of mass media corporations, which flood our cultural sphere with formulaic cultural products, whose sole purpose is to appeal to the taste of the masses. The limitation of copyright, so the argument proceeds, would diminish the cultural domination of mass media products, and promote audience exposure to ‘other’, more diverse works.

“The Chapter questions the importance attributed to copyright law in this context. Based on complexity and network theory dealing with the evolution of popularity and the self organization of complex systems, it illuminates the fact that the inclination towards popular cultural works is an intrinsic phenomenon of social networks, and does not depend upon copyright protection. It continues to analyze recent ‘long tail’ data, which indicates that positive changes in the degree of cultural diversity occur even under a broad copyright regime. In light of these observations, the Chapter attempts to offer a broader perspective on diverse cultural consumption, relying on socio-cultural research. This literature indicates that cultural diversity is a complex and multi-faceted issue. The non-linear nature also implies that the level of diversity cannot be easily calibrated by changing the scope of copyright protection. Rather, the attempt to promote diverse cultural consumption must address a series of difficult questions which are outside the scope of copyright law.”

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