Copyright

  • Most Topular Stories

  • Muddying the Natural (Patent) Waters

    Copyfight
    30 Jul 2014 | 1:45 pm
    In the past couple of years (see for example the Prometheus decision). The Supreme Court has issued a series of rulings that attempted to clarify what is and is not patentable. Unfortunately, the result has been the exact opposite, with court decisions creating chaos and confusion over what is the proper subject matter of patent applications. The USPTO has issued proposed rules that appear not only to take the SCOTUS decisions at face value, but expand them to a great extent by declaring vast tracts of what had previously been patentable as out of bounds. An article on Nature.com earlier this…
  • Rijksmuseum case study: Sharing free, high quality images without restrictions makes good things happen

    Creative Commons » Commons News
    Timothy Vollmer
    30 Jul 2014 | 1:51 pm
    Girl in white kimono, George Hendrik Breitner, 1894; CC0 Yesterday Europeana published a great case study documenting the experiences of the Dutch Rijksmuseum in opening up access to their collection of digital public domain images. The case study was written by Joris Pekel, community coordinator for cultural heritage at the Europeana Foundation. Over the last few years, Europeana has worked with the Rijksmuseum in order to make available at the highest quality possible images of public domain artworks held by the museum. The report discusses the Rijksmuseum’s initial apprehension to…
  • May Germany Launder Nazi Looted Art In New York? Federal Judge Concludes "Yes"

    Copyright Litigation Blog
    7 Jul 2014 | 4:00 am
    Pablo Picasso's Madame Soler 1905 - Stolen From Paul Bartholdy-MendelssohnIn Schoeps v. Free State of Bavaria, 13 Civ. 2048 (SDNY June 27, 2014)http://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2013cv02048/409721/54  the Hon. Jed S. Rakoff dismissed a case by Jewish heirs seeking to recover Nazi looted art that had been spirited to New York, and then repurchased by Bavaria, where the stolen artwork now proudly hangs in a Munich museum.   The SDNY threw the case out pursuant to a motion to dismiss, which means that the plaintiff was deprived of…
  • The Impact of Pre-Release Piracy

    Plagiarism Today
    Jonathan Bailey
    31 Jul 2014 | 2:56 pm
    News broke last week that a DVD-quality version of The Expendables 3 leaked online, a film that wasn’t due to be released until August 15, three weeks later. In the first 24 hours alone, the film was downloaded over 189,000 times and the number has been steadily rising. The rare high-profile and high-quality leak has sparked a debate about the ethics and impacts of pre-release piracy. Most, including CNet’s Nick Slatt, have spoken against such pre-releases, the practical impact is much more hotly debated. However, a study from earlier this month aims to actually address this…
  • Amazon to Publishers – Spread the Wealth

    Beyond the Book
    rob@burstmarketing.com (BurstMarketing)
    31 Jul 2014 | 9:01 pm
    We’re fighting for you. That’s what Amazon told authors this week as the public battle between the retail giant and Hachette Book Group continued. In a post on Amazon’s Kindle Forums, the Seattle company says consumers should pay less for e-books, and authors deserve a more sizable cut of the 70% of each sale that is currently paid out to publishers. Is this how Jeff Bezos really feels, or is it just another ploy to drive a wedge between traditional publishers and their authors? “The real news here was Amazon basically calling out Hachette, and by extension, all of the major…
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    Copyfight

  • Muddying the Natural (Patent) Waters

    30 Jul 2014 | 1:45 pm
    In the past couple of years (see for example the Prometheus decision). The Supreme Court has issued a series of rulings that attempted to clarify what is and is not patentable. Unfortunately, the result has been the exact opposite, with court decisions creating chaos and confusion over what is the proper subject matter of patent applications. The USPTO has issued proposed rules that appear not only to take the SCOTUS decisions at face value, but expand them to a great extent by declaring vast tracts of what had previously been patentable as out of bounds. An article on Nature.com earlier this…
  • Congress Restores Bulk Unlock Rights

    25 Jul 2014 | 12:56 pm
    Our friends at ISRI sent a note saying that Congress had gotten its act together to pass the bulkily named "Unlocking Consumer Choice and Wireless Competition Act" which includes provisions allowing companies and individuals who recycle and refurbish electronics to unlock them as part of their business.
  • When is a Game a Clone?

    25 Jul 2014 | 12:25 pm
    Raph Koster has some musings on the topic of originality in games on his blog this week. He explores basic notions of games and their variants, looking at them from the point of view of rules and variants. This is kind of amusingly academic to someone like me, who is a major gamer, but remember that games and game clones have led more than a few people to be up in arms over intellectual property. (h/t Boingboing for the original pointer)
  • Subscription Services for Books

    22 Jul 2014 | 10:51 am
    In today's "Whatever" blog entry, John Scalzi talks about his books and various subscription services. The short form is that he would want to see the money, first. Since his novels are controlled by a big-name publisher there would also need to be some money flowing to that publisher. The way the economics of these things work, it's probably a good deal for many self-published authors who are struggling to get noticed, but probably not a good deal for big names who already have a big house backing them. Streaming services for music, and the controversies around them, provide a cautionary…
  • Lest You Had Any Doubts, the ALA is on the Right Side Again

    21 Jul 2014 | 10:50 am
    I got an update from American Library Association (ALA) letting me know that they had joined with other higher education and library organization to file a joint comment to the FCC in support of net neutrality. This should serve to remind everyone that while the Internet is perhaps the most amazing commercial platform yet invented, it's also an information access mechanism for schools, for libraries, for communities, and for the public. As such it needs not to have "paid prioritization" and it needs rules that allow us to choose what we get, not the cable companies. The Internet has a public,…
 
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    Creative Commons » Commons News

  • Rijksmuseum case study: Sharing free, high quality images without restrictions makes good things happen

    Timothy Vollmer
    30 Jul 2014 | 1:51 pm
    Girl in white kimono, George Hendrik Breitner, 1894; CC0 Yesterday Europeana published a great case study documenting the experiences of the Dutch Rijksmuseum in opening up access to their collection of digital public domain images. The case study was written by Joris Pekel, community coordinator for cultural heritage at the Europeana Foundation. Over the last few years, Europeana has worked with the Rijksmuseum in order to make available at the highest quality possible images of public domain artworks held by the museum. The report discusses the Rijksmuseum’s initial apprehension to…
  • “Why Open?” course now open for sign-up

    Jane Park
    22 Jul 2014 | 3:04 pm
    Project 365 #303: 301009 Blink And You’ll Miss It! / Pete / CC BY Another run of School of Open courses is starting up in August, September and October! The first course to kick things off is a second iteration of “Why Open?” “Why Open?” was collaboratively developed and facilitated one year ago in August 2013; now the facilitators are back to run it a second time from 10 August to 5 September 2014. What is “Why Open?” From its About page, Why Open? What does open mean? Does it mean free? Does it mean without restriction? What is the role of the…
  • Wattpad upgrades to Version 4.0 of CC licenses

    Elliot Harmon
    21 Jul 2014 | 8:23 am
    Fiction-writing community Wattpad has upgraded to the Creative Commons Version 4.0 licenses and unveiled several improvements to its CC implementation. As of today, there are 300,000 CC-licensed stories on Wattpad, making this one of the largest adoptions of Version 4.0 to date. From the press release: (72 KB PDF) “The biggest question facing new writers today isn’t how to protect their work; it’s how to find a readership for it, said Cory Doctorow, science fiction author, activist, journalist and blogger. “It makes complete sense that so many Wattpad writers are…
  • School of Open’s CC4Kids at the Code4CT Maker Party

    Kelsey Wiens
    18 Jul 2014 | 1:12 pm
    Code4CT girls with cc4kids certificates / Kelsey Wiens / CC BY #Code4CT is a three-week training program from Innovate South Africa with twenty-four grade 10 and 11 girls from Centre for Science and Technology (COSAT) in Khayelitsha (Cape Town, South Africa). The three-week course consists of sessions on how the web works and actively participating in building web content. Running over the girls winter school break, they learn about the design process, HTML and CSS programming languages – skills they use to build WordPress sites for their clients. The girls then take their new skills…
  • European Commission endorses CC licenses as best practice for public sector content and data

    Timothy Vollmer
    17 Jul 2014 | 11:08 am
    Today the European Commission released licensing recommendations to support the reuse of public sector information in Europe. In addition to providing guidance on baseline license principles for public sector content and data, the guidelines suggest that Member States should adopt standardized open licenses – such as Creative Commons licenses: Several licences that comply with the principles of ‘openness’ described by the Open Knowledge Foundation to promote unrestricted re-use of online content, are available on the web. They have been translated into many languages, centrally…
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    Copyright Litigation Blog

  • May Germany Launder Nazi Looted Art In New York? Federal Judge Concludes "Yes"

    7 Jul 2014 | 4:00 am
    Pablo Picasso's Madame Soler 1905 - Stolen From Paul Bartholdy-MendelssohnIn Schoeps v. Free State of Bavaria, 13 Civ. 2048 (SDNY June 27, 2014)http://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2013cv02048/409721/54  the Hon. Jed S. Rakoff dismissed a case by Jewish heirs seeking to recover Nazi looted art that had been spirited to New York, and then repurchased by Bavaria, where the stolen artwork now proudly hangs in a Munich museum.   The SDNY threw the case out pursuant to a motion to dismiss, which means that the plaintiff was deprived of…
  • Copyright Law – Ninth Circuit – Is There A DMCA Safe Harbor For Video Sharing Services?

    2 Jul 2014 | 10:13 am
      UMG Recordings, Inc. v. Shelter Capital Partners LLC, 2013 WL 1092793 (9thCir. 2013). UMG sued Veoh, a video sharing service that provides both user-generated content and licensed content, for copyright infringement.  Veoh asserted an affirmative defense under the Digital Millenium Copyright Act, 17 U.S.C. § 512(c) (the “DMCA”) which provides a “safe harbor” against liability for copyright infringement for internet service providers who qualify for and follow the statutory scheme which include implementing a notice and takedown system.  Veoh permits subscribers to…
  • Federal Civil Practice CLE Program @ SDNY - May 5

    30 Apr 2014 | 8:23 am
    Federal Civil Practice CLE Program SDNY - May 5 www.dunnington.com Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd Find Ray Dowd at Dunnington Bartholow & Miller LLP Copyright Litigation Handbook (West 6th Ed. 2012) by Raymond J. Dowd Purchase on Amazon.com and Westlaw (Directory: COPYLITIG)
  • George Grosz: Cultural Enemy Number One of Hitler and the MoMA - Tomorrow Night National Arts Club!

    29 Apr 2014 | 3:45 pm
    National Arts Club - 15 Gramercy Park South NYCWednesday, April 30, 8:00 PM a Roundtable / Young Members eventGeorge Grosz, Cultural Enemy Number One of the Nazis: A Legacy in Art and Law George Grosz was tried twice in Germany for his art, once for blasphemy (for his work “Shut Your Mouth and Keep On Serving”) and once for slandering the Prussian military (for his work “Fit for Active Service”). Declared Cultural Enemy Number One by the Nazis, Grosz was physically attacked, and escaped Germany in January 1933, just before Adolf Hitler burned the Reichstag and seized power. Prior to…
  • High Profile Securities Law Decisions - Chief Judge Preska and Free CLE at K&L Gates 4/25

    15 Apr 2014 | 2:10 pm
    The Securities Law and Federal Litigation Sections, along with the Southern District of New York Chapter of the Federal Bar Association presentRecent High Profile Securities Law DecisionsRegisterSpeakers:Hon. Loretta A. PreskaChief Judge, Southern District of New York Mary Jane Lee Director and Associate General Counsel, Citigroup Prof. Paul Radvany Associate Professor of Law, Fordham University Law School Jorge Baez Senior Consultant, NERAStephen J. Crimmins Partner, K&L Gates LLPLiam O’Brien Managing Partner, McCormick & O’Brien, LLPSince the recession of late last decade, there…
 
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    Plagiarism Today

  • The Impact of Pre-Release Piracy

    Jonathan Bailey
    31 Jul 2014 | 2:56 pm
    News broke last week that a DVD-quality version of The Expendables 3 leaked online, a film that wasn’t due to be released until August 15, three weeks later. In the first 24 hours alone, the film was downloaded over 189,000 times and the number has been steadily rising. The rare high-profile and high-quality leak has sparked a debate about the ethics and impacts of pre-release piracy. Most, including CNet’s Nick Slatt, have spoken against such pre-releases, the practical impact is much more hotly debated. However, a study from earlier this month aims to actually address this…
  • 3 Count: $90,000 Delay

    Jonathan Bailey
    31 Jul 2014 | 10:02 am
    Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: FilmOn Held in Contempt for Violating Injunction, Streaming After Aereo Stopped First off today Tamlin Bason at Bloomberg BNA reports that tv streaming service FilmOn has been hit with a $90,000 contempt of court judgment for failing to suspend its operations after the Supreme Court ruled against its competitor Aereo. FilmOn, like Aereo, was a TV streaming service that used a series of tiny antennas, one per customer, to capture and stream over-the-air broadcast television to customers. On July 25th, the…
  • 3 Count: Un-American Eagle

    Jonathan Bailey
    30 Jul 2014 | 10:02 am
    Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Austria Production Companies Demand Internet Providers Block Piracy Sites First off today, Scott Roxborough at The Hollywood Reporter writes that a group of Austrian film companies are demanding that local ISPs enforce a ruling from the Austrian Supreme Court, which was upheld by the European Court of Justice, that requires them to block access to infringing sites. The group, VAP, has given ISPs until Friday August 1st to block access to the three most popular file sharing sites in the country, The Pirate Bay,…
  • The Looming Plagiarism Crisis

    Jonathan Bailey
    29 Jul 2014 | 2:33 pm
    Less than a week ago, Buzzfeed fired Benny Johnson, one of the site’s most “prolific” authors after discovering that dozens of his posts contained plagiarism or attribution issues. The allegations came to light when two anonymous Twitter users posted to a blog examples of unattributed text in Johnson’s stories. According to the allegations, Johnson had lifted text from a variety of sources, including Wikipedia and Yahoo Answers in his plagiarism, raising issues about attribution and sourcing alike. Buzzfeed editor-in-chief Ben Smith initially stood by Johnson as the…
  • 3 Count: Unlock Me

    Jonathan Bailey
    29 Jul 2014 | 11:13 am
    Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Bill Would Let Consumers “Unlock” Mobile Phones First off today, Dave Johnson at CBS News reports that a new bill has been approved by the U.S. House of Representatives and the U.S. Senate, thus landing it on President Obama’s desk, that would temporarily legalize the unlocking of cell phones for the purpose of moving them to another network. Under the Digital Millennium Copyright Act (DMCA), the circumvention of Digital Rights Management (DRM) locks is illegal unless specifically exempted by…
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    Beyond the Book

  • Amazon to Publishers – Spread the Wealth

    rob@burstmarketing.com (BurstMarketing)
    31 Jul 2014 | 9:01 pm
    We’re fighting for you. That’s what Amazon told authors this week as the public battle between the retail giant and Hachette Book Group continued. In a post on Amazon’s Kindle Forums, the Seattle company says consumers should pay less for e-books, and authors deserve a more sizable cut of the 70% of each sale that is currently paid out to publishers. Is this how Jeff Bezos really feels, or is it just another ploy to drive a wedge between traditional publishers and their authors? “The real news here was Amazon basically calling out Hachette, and by extension, all of the major…
  • Robots Go To Journalism School

    rob@burstmarketing.com (BurstMarketing)
    27 Jul 2014 | 9:00 am
    In science fiction, robots make lightning fast calculations and have superhuman strength. From “Forbidden Planet” to “2001: A Space Odyssey,” the robots of cinema have played a wide range of roles – as friends and as enemies to humankind. But of all the wonders robots have performed, until now, no one has imagined them as journalists. When AP announced recently that data-driven stories about company earnings would soon be written automatically, AP Managing Editor Lou Ferrara stressed the move was not intended to replace living, breathing writers with heartless…
  • The Wheels of the Amazon Bus Go Round

    rob@burstmarketing.com (BurstMarketing)
    24 Jul 2014 | 9:01 pm
    If the book business were a big yellow school bus, the driver would be a bald fellow wearing a wide grin. More even than before, Jeff Bezos and Amazon have the wheel, while publishers and authors hang on for a rough ride. In particular, speculation about the end game in Amazon’s e-book sales battle with Hachette centers on the impact for authors – a group that Amazon has said the publisher is using as “human shields” in this price war.  Following announcement of its Kindle Unlimited e-book subscription service, in fact, the Amazon-related headaches and car sickness have only…
  • Ending World War Copyright

    rob@burstmarketing.com (BurstMarketing)
    20 Jul 2014 | 9:00 am
    The creative industries – and the technology companies that carry their content – may share a common customer, but little else. Where it comes to copyright law, their differences have often flared into open war. Technology companies dream of rewriting copyright law to free up content; and content creators search for ways to employ technology in their own favor to prevent piracy. As Non-Executive Chairman of The Copyright Hub Ltd., Richard Hooper is calling for a truce in the copyright wars and has suggestions for forging a lasting peace. At CCC’s US headquarters in Danvers,…
  • Amazon A Busy Negotiator

    rob@burstmarketing.com (BurstMarketing)
    17 Jul 2014 | 9:01 pm
    When Les Moonves, President and CEO of CBS Corporation, the owners of Simon & Schuster, let slip that the Big 5 house was in pricing talks with Amazon, the media world did its best to react with shock. Any expression of surprise, however, could only have been for appearance’s sake. As close observers of the book world already had guessed, the giant e-tailer is likely negotiating quietly with both S&S and HarperCollins, even as its public brawl with Hachette continues. “After all, these are the three publishers that settled with the U.S. Department of Justice right out of the gate…
 
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    LibraryLaw Blog

  • What the University of Arkansas controversy can teach us about archival permission practices

    Peter Hirtle
    24 Jul 2014 | 2:23 pm
    (By Peter Hirtle) By now most archivists and many librarians will have heard something about the controversy concerning the use of material found in Special Collections at the University of Arkansas.  Researchers from the Washington Free Beacon (WFB) web site requested and received copies of audio tapes found in a collection.  It published some of those audiotapes online.  It did not, however, first seek permission to publish the items, as library policy requires.  Its reporters' access to special collections was therefore suspended (“banned,” in the words of the site).  You can find…
  • When a library consortium buys an ebook, does the market dry up for that book? : A Super quick interview with Jo Budler, Kansas State Librarian

    Mary
    17 Jul 2014 | 11:32 am
    Minow:  Jo, some publishers tell me that if a library consortium buys an ebook, the publisher makes one sale instead of, say 100. Do you agree?   Budler:  Well, no, that is not how we have seen it work here in Kansas with our statewide consortium.  While we have access to Britannica's E-STAX collection through our membership in the Enki Library, we also purchased this collection with unlimited simultaneous usage to support our Guys Read program.  The goal of this program is to encourage young males to read.  We know that they are more inclined to enjoy non-fiction titles so we began…
  • 15 Jul 2014 | 11:13 am

    Mary
    15 Jul 2014 | 11:13 am
    Zoia Horn made an impact on intellectual freedom When I give intellectual freedom talks to library groups, I often mention a real heroine, Zoia Horn. Zoia is best known for her refusal to testify against members of the Harrisburg Seven during the Viet Nam War. She was warned that she faced jail time if she refused, and the then 53 year old “proper” librarian went to jail for the rest of the trial (almost three weeks). She gave me great encouragement over the years, and inspired legions of librarians who ask themselves, “would I put myself on the line for what I believe in?” Zoia died…
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    DigitalKoans

  • DigitalKoans Posts Resume on 8/11/2014

    Charles W. Bailey, Jr.
    17 Jul 2014 | 2:56 pm
    DigitalKoans posts will resume on 8/11/2014. Digital Scholarship | Digital Scholarship Publications Overview | Sitemap
  • Digital Curation News (7/17/2014) #digitalpreservation

    Charles W. Bailey, Jr.
    17 Jul 2014 | 2:52 pm
    "Refresh" For Zombies, Time Jumps Workshop Report: Libraries and Research Data Management The SIMP Tool: Facilitating Digital Library, Metadata, and Preservation Workflow at the University of Utah's J. Willard Marriott Library Scoring, Not Storing: Digital Preservation Assessment Criteria at #digpres14 Weekly Web Archiving Roundup: July 16, 2014 Digital Scholarship | Digital Curation News | Research […]
  • Assistant Systems Librarian at Arkansas State University

    Charles W. Bailey, Jr.
    17 Jul 2014 | 5:33 am
    Arkansas State University is recruiting a Assistant Systems Librarian. Here's an excerpt from the ad: Assistant Systems Librarian will work under the direction and supervision of the Systems Librarian to optimize the library systems, technologies, software, and hardware needed for access to Library resources. Digital Scholarship | Digital Library Jobs | Library IT Jobs | […]
  • Judiciary Committee Hearing on Moral Rights, Termination Rights, Resale Royalty, and Copyright Term

    Charles W. Bailey, Jr.
    17 Jul 2014 | 5:32 am
    The U.S. House Judiciary Committee is holding a hearing on moral rights, termination rights, resale royalty, and copyright term. Here's an excerpt from "Congress Takes On Copyright Term, Moral Rights, and More": How is this going to work? It's hard to say. Probably not very well. The hearing structure allows a handful of witnesses to […]
  • Associate Director for the Digital Library at NCSU

    Charles W. Bailey, Jr.
    17 Jul 2014 | 5:31 am
    NCSU is recruiting an Associate Director for the Digital Library. Here's an excerpt from the ad: The Associate Director for the Digital Library provides vision and leadership for information technology; resource management and discovery; and digital projects and associated research and development. The position serves as administrator for three departments: Information Technology (23 FTE), Acquisitions […]
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    Digitization 101

  • Let's emphasize information acquisition across formats and platforms

    18 Jul 2014 | 8:00 am
    In this more digital world, where people can ingest information through a variety of different media, reading is still emphasized in K-12 schools.  Educators want to create book readers; however, we should be helping students access and learn from information that is provided to them through videos, audio files, etc.  Not everyone will have reading - and by that I mean book reading - as their preferred information acquisition method.School Library SummitAt the 2014 School Library Summit in Albany, NY earlier this month, Dr. Donna DeSiato, superintendent of the East Syracuse…
  • Some people are amateurs & some are pros

    7 Jul 2014 | 6:00 am
    QuestionWhat is the difference between an amateur and a professional? Hold onto your answer for a few moments, while I tell you a story.In May, I had lunch with Steve Borek, who is a friend and coach, and who works with entrepreneurs.  Steve and I had a lot of catching up to do, including talking about what was fueling our drives to succeed.  It was during this conversation that Steve mentioned the book Turning Pro by Steven Pressfield.  Pressfield has had a career as a successful fiction writer and has added to his success with a couple of non-fiction books.  Turning Pro…
  • LIbrary of Congress Recommended Anolog and Digital Format Specifications

    1 Jul 2014 | 6:00 am
    As the web site says:Recommended Format Specifications are hierarchies of the physical and technical characteristics of creative formats, both analog and digital, which will best meet the needs of all concerned, maximizing the chances for survival and continued accessibility of creative content well into the future. And:The specifications seek to provide a framework within which creative works should have the flexibility to grow and develop, and also help ensure that these creative works be accessible and authentic into the future.The Library of Congress identified six basic areas of…
  • Sit With Me Advocacy Campaign: Recognizing the value of women's technical contributions

    26 Jun 2014 | 6:00 am
    Earlier this year, the Syracuse University iSchool recorded videos for the Sit With Me Advocacy Campaign and I was one of the women recorded.  The campaign as people to “sit to take a stand” and recognize the value of women’s technical contributions by sharing their own stories and thoughts. The campaign was launched by the National Center for Women in Information Technology (NCWIT).  Below is my video and two others from the iSchool.  You can view all of the videos here.Yes, there is an unfortunate typo in my name within the video itself and it's not easy to fix.
  • #SLA2014 : Closing General Session 

    10 Jun 2014 | 5:43 pm
    Brandy King  - Her topic is "Having It All"Assumptions: Those here have a career and not just a job.To be here we've given up commitments.Our careers are just one part of our busy lives.  50% of our lives are spent a work.  We need work-life balance.  It is fuzzy where work ends and life begins.  You can think of our lives as being divided into three areas: family, career and volunteering.  Some people have clear borders between these areas.  King has blurred the borders of her life. Flexibility has a price and may mean readjusting multiple schedules.
 
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    Dear Rich: Nolo's Intellectual Property Blog

  • Registering Copyright For Deceased Photographer

    The Dear Rich Staff
    30 Jul 2014 | 6:00 am
    Dear Rich: My father, who died in 2008, was a talented amateur photographer in the 1950s and 1960s, and I’ve started to post some of his medium-format images online (none were ever published). I’d like to batch-register his images with the copyright office. I’ve registered many of my own images, but I’m not sure how to register images for someone who has died (I do have a copy of his death certificate, if that helps). Can you suggest the procedure? It sounds like you're already familiar with batch registrations of photos but if you need more information, read this circular. You'll…
  • Relationship Between Fair Use and Infringement

    The Dear Rich Staff
    29 Jul 2014 | 6:00 am
    Dear Rich: I was troubled by the blanket assertion in a recent post in which you stated that if you copied a copyrighted work without authorization, you're infringing. I believe that if your use is a fair use, you are not infringing. Or are you trying to suggest that a fair use is a form of authorization? We wrote, "If you copied a copyrighted work without authorization, you're infringing. Whether that's unlawful depends on whether you can mount a successful defense." In other words, we think fair use means "permissible infringement," and we think your position is that it means "no…
  • University Won't Patent My Invention

    The Dear Rich Staff
    25 Jul 2014 | 6:00 am
    It looks like I may have made a scientific breakthrough with definite commercial applications. The thing is the university patent office (who would own the work) is reluctant to start paperwork on it as they say a few patents have already been filed using similar "terms" and applications. The thing is, those ideas have been proven NOT to actually work, whereas I now have good solid data proving my concept (not based on anyone else's work) is the one that will produce results. If someone files a patent for a process, but that process is flawed and does not work, does their patent still hold?
  • Sold Original Painting: Who Gets Copyright?

    The Dear Rich Staff
    24 Jul 2014 | 6:00 am
    Dear Rich: Is it possible to sell an original painting and keep ownership at the same time? For example, if I sell the original to someone and later contract for the work to be used in another area of entertainment, could I maintain ownership of work? Unless an artist has signed a written agreement assigning copyright to the buyer  or establishing a work for hire agreeement, the artist retains copyright ownership of the image. That is the "default" arrangement when an artist sells a work. The artist retains exclusive rights to reproduce, license or make derivatives of the work while…
  • Wants to Use 1970s UK Public Service Films

    The Dear Rich Staff
    23 Jul 2014 | 6:00 am
    Dear Rich: I was hoping to use sections of the script/narration from a series of UK Public information films from the 1970’s as one visual element in my original artwork. The lines are either a short sentence or part of a sentence (no more than 12 words in one piece or work), and the artwork will be sold in a very limited print run. We think you can use the material without seeking permission. Even if the copyright owner of this 40-year old source material saw your limited edition prints, it's unlikely they would bring an action as the copying is probably too trivial to cause any damage (de…
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    PrivacyNet

  • British IP Police Aim to Cut Off Piracy at the Source

    Gordon Platt
    30 Jul 2014 | 12:33 pm
    After examining the various merits of Creative Content UK‘s lighter approach to copyright enforcement last week, it’s back to the UK for another anti-piracy curve ball. This time it’s London’s Intellectual Property Crime Unit, which has taken the “why didn’t we do this sooner?” approach of placing banner notifications on piracy sites that notify the user that the site is illegal. The stern warnings delivered to visitors inform them that the website has been reported to the City of London Police and to close the browser page accordingly. While the…
  • Expendables 3 Pre-Release Leak Must Prompt an Anti-Piracy Pushback

    Gordon Platt
    28 Jul 2014 | 9:18 am
    Sylvester Stallone | Image Credit: Wikipedia Hollywood has long eyed the struggles of the music industry as a leading indicator for potential movie business woes. Piracy has ruined many an album pre-release campaign, but the box office has so far been protected, at least in terms of keeping movies under wraps until they hit the silver screen. But ‘The Expendables 3′  - not due out until next month – has already been leaked and could be the first of many high profile advance thefts for studios and filmmakers. Pre-Release Piracy Hits Hollywood Hitting torrents last Wednesday,…
  • Creative Content UK Drops Strikes, Emphasizes Education

    Gordon Platt
    25 Jul 2014 | 4:08 am
    Back in February we posed the question “how many strikes should equal out?“ when it comes to piracy. At the time the UK’s answer was three, but a revision to anti-piracy initiatives this month scraps that in favor of four strikes (and not really out). Following the example of neighbor France, which dropped its controversial five strikes before ISP disconnection last year, the UK’s major creative representatives and Internet Service Providers decided that disconnections, even when temporary, seem to be a step too far. The country’s revised anti-piracy initiative…
  • The Populist Fantasy World of Kim Dotcom

    Gordon Platt
    21 Jul 2014 | 8:27 am
    Kim Dotcom is a name familiar to many. He’s the founder of the now defunct piracy facilitation service Mega and the current service Megaupload. Kim Dotcom, is a German citizen now in residence in New Zealand, awaiting extradition to the United States on charges that include copyright infringement, money laundering and conspiracy to commit racketeering. Kim Dotcom’s exploits have made him a millionaire many times over and he now resides in a fantasyland complex near Auckland. The news from Kim Dotcom-land is that he has summoned the Pulitzer Prize winning journalist Glenn…
  • The Aereo Pivot Fail

    Gordon Platt
    18 Jul 2014 | 9:36 am
    Aereo’s latest attempted, semi-pivot to be classed as a cable company has come to an end. After the Supreme Court ruling that the company was in fact rebroadcasting proprietary video content, and was thus open to paying the requisite fees, Aereo then petitioned the U.S. Copyright Office to be classed as a cable system. That would have permitted Aereo to pay a licensing fee to the Copyright Office instead of hefty content fees to copyright owners. The company, which rebroadcasted content via what it argued were actually mini-antennas not subject to rebroadcast fees (the Supreme Court…
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