Copyright

  • Most Topular Stories

  • Sometimes Saying Nothing is Saying Something

    Copyfight
    29 Jun 2015 | 9:32 am
    The Supreme Court has denied a cert petition in the Oracle vs Google fight over Java. This is a victory for Oracle, as it won in the CAFC and that decision now stands. It is probably also a loss for everyone else and may well be a significant blow to Java as Oracle is now free to charge everyone for use of the (buggy, security-hole-ridden) language. Google still has a fair use defense it can try but if there is not a team of engineers inside Google hard at work producing a Java-free version of Android I'll eat my hat. The decision to extend copyright protection to programming APIs is…
  • Colombian student Diego Gomez is going to trial for sharing a research article online

    Creative Commons » Commons News
    Timothy Vollmer
    29 Jun 2015 | 11:22 am
    Last year several organizations highlighted the situation of Colombian graduate student Diego Gomez, who had a criminal complaint filed against him for sharing a research article online. Gomez is a student in conservation and wildlife management, and for the most part has poor access to many of the resources and databases that would help him conduct his research. He shared an academic paper on Scribd so that he and others could access it for their work. If convicted, Diego could face a prison term of 4-8 years. Gomez will appear in court on June 30. The Electronic Frontier Foundation sums up…
  • Congratulations To Top 25 Most Popular Copyright Law Blogs Of All Time

    Copyright Litigation Blog
    29 Jun 2015 | 5:00 am
    Justia's Blawgsearch Ranks the "Most Popular" copyright law blogs.  Out of 89 copyright law blogs listed in total by Justia, here are the top 25 of "all time."  Visiting each one shows you just how alive thinking is in copyright law and how the blogosphere opened up this field of interest to public scrutiny and healthy debate1. IPKat2. Plagiarism Today3. Chilling Effects Clearinghouse4. Chicago IP Litigation Blog5. Recording Industry vs. The People6. Likelihood of Confusion7. Copyfight8. Copyright Litigation Blog9. Copyhype10. Technolama11. Photo Attorney12.
  • Reflection

    John Palfrey
    jgpalfrey
    25 Jun 2015 | 12:02 pm
    jgpalfrey:Wonderful reflections on this summer’s Civil Rights trip by faculty and students of Phillips Academy. Originally posted on American Civil Rights Movement Immersion Program: On reflection, the American Civil Rights Immersion Program maintained a three-pronged mission. To walk in the footsteps of the heroes of the historical Civil Rights Movement, to relate historical events to current human and civil rights issues, and to provide a partnership opportunity for students at Phillips Academy to connect with students from a dramatically different region in the country, the…
  • Apple Music: Imperfect But Still Impressive

    Plagiarism Today
    Jonathan Bailey
    1 Jul 2015 | 3:57 pm
    Yesterday, after a year of rumors and a month of anticipation following the formal announcement, Apple launched Apple Music, it’s new music streaming service. As both a music lover and an Mac/iOS user, i’ve been extremely eager to try the service out and compare it to both Spotify, my current streaming service of choice, and Tidal, which I reviewed in March. In the run up to its launch, Apple Music has had a bit of a rough run. Though artists were initially happy that Apple would be giving more of its revenue to rightsholders, there was frustration among many that it wouldn’t be paying…
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    Copyfight

  • Sometimes Saying Nothing is Saying Something

    29 Jun 2015 | 9:32 am
    The Supreme Court has denied a cert petition in the Oracle vs Google fight over Java. This is a victory for Oracle, as it won in the CAFC and that decision now stands. It is probably also a loss for everyone else and may well be a significant blow to Java as Oracle is now free to charge everyone for use of the (buggy, security-hole-ridden) language. Google still has a fair use defense it can try but if there is not a team of engineers inside Google hard at work producing a Java-free version of Android I'll eat my hat. The decision to extend copyright protection to programming APIs is…
  • Europeans Make Really Stupid Copyright Decisions, Too

    24 Jun 2015 | 11:38 am
    The EFF has a nice piece up about "European Copyright Madness". At issue is a UK High Court decision that effectively says people aren't allowed to rip (mix, burn!) their own CDs. Uh, yeah. Guys, we fought this fight last century and the anti-ripping forces lost. Jeremy Malcom, the column's author, points out that the root cause is the European Copyright Directive, which the High Court might have interpreted correctly but in so doing have revealed its broken-ness. Broken in the sense that it's detached from reality. It deals with hypotheticals, such as "hypothetically, you might buy a copy of…
  • Dogs Now Fight in Slightly Cleaner Pit (Thanks, Amazon)

    23 Jun 2015 | 10:24 am
    Amazon is going to change the allocation formula for its KDP Select program. I've talked about KDP Select before and I'm not impressed with it. Its fundamental problem is that it's a giant pile of authors competing for a fixed amount of money. Amazon decides how big that pile is and how many authors get to compete for it. I'm tempted to make some Hunger Games reference here, because I think there's already a natural mechanism for pitting authors against each other - it's called "the marketplace." Whether it's a store shelf, a quick-hit rack in the airport, or an electronic catalog every…
  • Future of Music Summit 2015 this October

    23 Jun 2015 | 10:14 am
  • Licensing Doesn't Outlive Patents

    23 Jun 2015 | 9:17 am
    In a decision generally known as Kimble v Marvel the US Supreme Court has weighed in on the question of whether the rights assigned via a license can outlive the patent that spawned those rights. Previously, the Court had held that an inventor couldn't continue to collect royalties on sales after patent expiration and now the Court has ruled that this doctrine also applies to sales made by someone who licensed a patent, even if that license agreement contained no specific end date.
 
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    Creative Commons » Commons News

  • Colombian student Diego Gomez is going to trial for sharing a research article online

    Timothy Vollmer
    29 Jun 2015 | 11:22 am
    Last year several organizations highlighted the situation of Colombian graduate student Diego Gomez, who had a criminal complaint filed against him for sharing a research article online. Gomez is a student in conservation and wildlife management, and for the most part has poor access to many of the resources and databases that would help him conduct his research. He shared an academic paper on Scribd so that he and others could access it for their work. If convicted, Diego could face a prison term of 4-8 years. Gomez will appear in court on June 30. The Electronic Frontier Foundation sums up…
  • Ukrainian translation of : CC 4.0

    Gwen Franck
    24 Jun 2015 | 2:32 am
    Congratulations to Creative Commons Ukraine on the completion of the Ukrainian translation of the CC 4.0 license suite! After a draft stage and a public consultation phase, involving legal practitioners and IP experts, the licenses are published today, on June 23. The availability of the license suite in Ukrainian is of great significance for the visibility and use of Creative Commons licenses in the region. More than 30 million people are native speakers of the Ukrainian language, and we are pleased to welcome them to our CC community. We are very grateful to the CC Ukraine affiliate team…
  • Global Summit Call for Participation and Proposals – Now Open

    Paul Stacey
    18 Jun 2015 | 1:57 pm
    The Creative Commons Global Summit takes place every two years bringing together our global affiliate network along with partners, activists, and collaborators in the open movement to celebrate and advance the Commons. We’re pleased to announce the Call for Participation and Proposals for this year’s Global Summit in Seoul, South Korea, October 15-17 2015, is now open. Seoul, South Korea by Doug Sun Beams CC BY Proposals for talks, workshops, hackathons, panels, presentations, performances, showcases and other activities are welcome. A logo competition for the Global Summit is…
  • Why CC is making a mobile app

    Ryan Merkley
    11 Jun 2015 | 8:23 am
    Today we’re pushing the latest beta release of our mobile app, The List powered by Creative Commons. It’s a mobile photography app that invites users to create a list of images they want, or submit photos to help a person or group who created a list. Every image is uploaded to the archive with a Creative Commons Attribution (CC BY) licence, allowing anyone to use the images so long as they give proper credit to the author. Our initial build was supported with a prototype grant from the Knight Foundation, which gave us the resources we needed to build a proof of concept. We built a team…
  • New affiliate chapters in Latin America

    Carolina Botero
    9 Jun 2015 | 2:03 pm
    We are glad to announce that during the last months the Latin American affiliates have 3 new affiliate chapters in the Creative Commons family. The CC teams of El Salvador, Paraguay and Uruguay signed their MoUs and are now officially in. In El Salvador the affiliate institution is AccesArte, a NGO that seeks to promote the role of culture in the process of human development. The team is supported also by other NGOs related to culture, technology and education and by several individuals from cultural and technological background, lawyers, librarians and many others that share their interest…
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    Copyright Litigation Blog

  • Congratulations To Top 25 Most Popular Copyright Law Blogs Of All Time

    29 Jun 2015 | 5:00 am
    Justia's Blawgsearch Ranks the "Most Popular" copyright law blogs.  Out of 89 copyright law blogs listed in total by Justia, here are the top 25 of "all time."  Visiting each one shows you just how alive thinking is in copyright law and how the blogosphere opened up this field of interest to public scrutiny and healthy debate1. IPKat2. Plagiarism Today3. Chilling Effects Clearinghouse4. Chicago IP Litigation Blog5. Recording Industry vs. The People6. Likelihood of Confusion7. Copyfight8. Copyright Litigation Blog9. Copyhype10. Technolama11. Photo Attorney12.
  • Congratulations To Top 25 Most Popular Intellectual Property Law Blogs of All Time

    22 Jun 2015 | 9:31 am
    Justia's Blawgsearch Ranks the "Most Popular" intellectual property law blogs.  Out of 461 intellectual property law blogs listed in total by Justia, here are the top 25 of "all time."  Visiting each one shows you just how alive thinking is in patent, trademark, copyright and related fields and how the blogosphere opened up this field of interest to public scrutiny and healthy debate.1. IPKAT2. IPBiz3. Plagiarism Today4. Patently-O5. Patent Docs6. 43(b)log7. Law & Disorder8.  Technology & Marketing Law9. Chicago IP Litigation Blog10. Recording Industry v. The…
  • Raubkunst/Stolen Art Alert in Vienna: Austrian State Treaty of 1955 Requires Austria To Return Nazi Looted Art, Austrian Politicians Continue To Lie

    7 Jun 2015 | 3:53 pm
    Egon Schiele's Dead City III - Stolen from Fritz GrunbaumAustria's Shameful Disregard of Its Continuing Treaty ObligationsThe Austria State Treaty of 1995 permitted the Russians, French, British and U.S. to depart occupied Vienna.   It was written in English, Russian and French so that the rest of the world could understand exactly what Austria had promised to do.   Below is Article 26 of the Treaty.   It says that Austria is supposed to find and return all property belonging to Jews.Article 26 was a key aspect of the Allied victory in World War…
  • From Murder to Museums: Recent Cases and Ethical Considerations in Nazi Looted Art

    27 May 2015 | 1:58 pm
    Museums have recently been criticized by the Jewish Claims Conference in a report here for ethical lapses: promising to, yet failing to research their collections and to coordinate and promote research into the provenance of their collections.  The report conclude that Nazi looted art in museum collections has still not been identified or researched, much less returned.   Are museums are simply waiting for the last Holocaust victims to die before publishing research on their collections?  ISIS finances itself by looting antiquities.  How can we…
  • Care About Clean Water? Learn About Oyster Farming This Saturday May 23

    18 May 2015 | 6:25 am
    Join us this Saturday morning May 23 at 9 am in Westhampton Beach NY to learn about how to save oysters and clean up the bay through oyster farming.   An adult oyster filters up to 50 gallons of water per day and the Moriches Bay Project has the goal of farming a million oysters to clean up the bay.  For more information about oyster farming and attending the event, please visit http://www.morichesbayproject.org/oyster-farming-breakfastwww.dunnington.com Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook…
 
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    John Palfrey

  • Reflection

    jgpalfrey
    25 Jun 2015 | 12:02 pm
    jgpalfrey:Wonderful reflections on this summer’s Civil Rights trip by faculty and students of Phillips Academy. Originally posted on American Civil Rights Movement Immersion Program: On reflection, the American Civil Rights Immersion Program maintained a three-pronged mission. To walk in the footsteps of the heroes of the historical Civil Rights Movement, to relate historical events to current human and civil rights issues, and to provide a partnership opportunity for students at Phillips Academy to connect with students from a dramatically different region in the country, the…
  • An unfortunate incident, a teachable moment

    jgpalfrey
    12 Jun 2015 | 8:39 am
    Below is a letter I sent to students and parents of Phillips Academy in response to an unfortunate incident involving a group of our recent graduates. On Sunday, we celebrated Commencement in our 237th year under blue skies. We graduated 328 exceptional students, capping a fine year at Andover across the board—in the arts, athletics, community service, and academics. These students and their families as well as our faculty and staff have every reason to be proud of the community’s accomplishments this year. A few hours later, 74 of our new graduates found themselves in protective custody…
  • Head of School Bookshelf: The Teaching, Talent and Testing Edition, Spring 2015

    jgpalfrey
    2 Apr 2015 | 7:10 am
    The long flights to and from East Asia this Spring Break afforded time to catch up on a stack of books I’ve been meaning to read for a while.  For this Spring’s Head of School bookshelf, I’ve selected a series of titles focused on psychology and policy relevant to the secondary school field in education.  There’s a lot of great work that’s been done in the recent past and some new books highly worth reading. Spring 2015 List: Teaching, Talent, and Testing Daniel Coyle, The Talent Code: Greatness Isn’t Born. It’s Grown. Here’s How. (Bantam,…
  • End of Tuition Day: The Importance of Gratitude and of Paying It Forward

    jgpalfrey
    25 Mar 2015 | 7:44 am
    Today marks a special day in our academic calendar: it is End of Tuition Day.  From this day forward in the school year, everything is free for every student. What exactly do I mean by “free”?  And what do I mean for “every” student? As a need-blind school, we are enormously fortunate that we are able to read every admissions application without regard to whether the student’s family can afford the tuition that our school charges.  This hallmark, in one form or another, dates back to the founding of our school in 1778, when Samuel Phillips and his family and…
  • Weekly Highlights for Mar. 13

    jgpalfrey
    17 Mar 2015 | 5:11 pm
    jgpalfrey:Fun to see our welcome video to admitted students alongside other, similar eforts (at colleges/universities). Originally posted on CASE Blog: Check out this week’s advancement news worldwide, the latest CASE news, trending discussions on CASE communities and content shared by member institutions. Have something to share? Add it in the comments. Advancement News Mobile students earn more, study finds—Those who spend part of their degree overseas tend to earn more in their first job and are less likely to be unemployed six months after graduating. Can online degrees finally…
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    Plagiarism Today

  • Apple Music: Imperfect But Still Impressive

    Jonathan Bailey
    1 Jul 2015 | 3:57 pm
    Yesterday, after a year of rumors and a month of anticipation following the formal announcement, Apple launched Apple Music, it’s new music streaming service. As both a music lover and an Mac/iOS user, i’ve been extremely eager to try the service out and compare it to both Spotify, my current streaming service of choice, and Tidal, which I reviewed in March. In the run up to its launch, Apple Music has had a bit of a rough run. Though artists were initially happy that Apple would be giving more of its revenue to rightsholders, there was frustration among many that it wouldn’t be paying…
  • 3 Count: Cored Apple

    Jonathan Bailey
    1 Jul 2015 | 10:16 am
    Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Apple Conspired with Book Publishers, Appeals Court Confirms First off today, Jeff John Roberts at Fortune reports that Apple has lost an appeal in the ebook price fixing case and with it will likely begin dispersing some $450 million in payments to customers impacted by its wrongdoings. The case stems from an agreement Apple reached with the five major publishers in 2010 to set the prices for ebook on the new iPad. The Department of Justice considered this price fixing and took action against Apple and the…
  • 10 Years of PT: 2009 – CopyByte and Bytes Copied

    Jonathan Bailey
    30 Jun 2015 | 9:22 pm
    If 2008 was a flurry of travel and business growth, 2009 was something a respite. It was a year without air travel, a year without big conferences and a laid back year for media appearances. However, it was still a key year for me it was the year I made one of the most important decisions of my life, the year I joined CopyByte. At the time CopyByte was a subset of a large content creation/web design company and, instead of being brought on as the head, I was being brought on as a manager under their employ. While the change didn’t have a drastic impact on Plagiarism Today, it made a huge…
  • 3 Count: Supreme Indecision

    Jonathan Bailey
    30 Jun 2015 | 1:25 pm
    Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Supreme Court Declines to Hear Oracle v. Google Case Over Software Copyright First off today, Tante D’Orazio at The Verge reports that the U.S. Supreme Court, in the midst of major decisions on marriage equality and the Affordable Care Act, also announced a major copyright indecision by refusing to take the Google/Oracle API case and allowing the appeals court ruling to stand. The case centers around Google’s Android mobile operating system, which was built on a modified version of Java, a programming…
  • 3 Count: Golden Oldies

    Jonathan Bailey
    29 Jun 2015 | 8:54 am
    Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: SiriusXM Settles Royalty Dispute Over Old Recordings First off today, Ben Sisario at the New York Times reports that satellite radio provider SiriusXM has reached a settlement with the major record labels in their lawsuit over copyright royalties allegedly owed over pre-1972 sound recordings. Due to a quirk in the law, pre-1972 sound recordings are not protected federally. Instead, they are protected under state laws. SiriusXM, and many others, had not paid royalties for the public performance of pre-1972 sound…
 
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    Beyond the Book

  • Hybrid Publishers Dos and Don’ts

    rob@burstmarketing.com (BurstMarketing)
    28 Jun 2015 | 9:00 am
    The lines have blurred recently in publishing, and the consequences for authors are considerable. Blurring lines means the freedom to move beyond once heavily-constricted roles: authors today also act as publishers and distributors of their works. Blurring lines can mean confusion, too: vendors vying for attention and business from authors don’t always make it easy to see the value of their services. With a personal mission to educate authors about the publishing industry (without, she says, either drama or hype), Jane Friedman aims to help authors make the best long-term decisions…
  • Librarians And Copyright

    rob@burstmarketing.com (BurstMarketing)
    25 Jun 2015 | 9:01 pm
    The annual conference of the American Library Association opened this week in San Francisco, and many attendees may have their eyes on the job board. Earlier this month, James Billington, the 86-year-old librarian of Congress, announced he would retire after 28 years. The ALA has called for his replacement to come from the ranks of its own membership – in other words, the librarian should be a librarian. “It is clear that most of the tasks at the Copyright Office are very closely aligned with library issues,” says Andrew Albanese, Publishers Weekly senior writer. “Here in San…
  • Altmetrics Under The Microscope

    rob@burstmarketing.com (BurstMarketing)
    21 Jun 2015 | 9:00 am
    Scientific research seeks answers to questions large and small – from the composition of atoms to the age of the universe. While scientists, funders and institutions may value research for its own sake, they are practical, too. The answers that research yields can lead to professional advancement, and sometimes, to commercial success. In addition, scholarly authors seek reliable measurements of the impact their work has in the wider world. Over the last several years, in fact, the rise of Web publishing and the accompanying proliferation of data has spawned an explosion in the metrics…
  • Royalties For Pages Not Books

    rob@burstmarketing.com (BurstMarketing)
    18 Jun 2015 | 9:01 pm
    Change is a constant in life, and with Amazon and e-books, especially so. The e-retailer’s business terms for publishers and authors lurch from point to point like pinballs. Last summer, Amazon launched its Kindle Unlimited e-book subscription service, featuring all-you-can-eat access to hundreds of thousands of books and audiobooks. This week, word came from Seattle that calculations for royalties paid to authors and publishers will soon change dramatically. Bottom line: royalties will flow via a complicated computation of pages read. Many authors said they expect the change will mean…
  • Books Invented Everything

    rob@burstmarketing.com (BurstMarketing)
    14 Jun 2015 | 9:00 am
    In 1968, Andy Warhol prophesied that, “In the future, everyone will be world-famous for 15 minutes.” The era of Pop Art and pop music saw the erosion of boundaries between high and low art, as well as the collapse of hierarchy in general. Warhol cannily recognized that technology and mass media would work together as the great levelers. Democratization came to books and journals decisively in the 1980s, when desktop publishing began to replace physical plants and industrial machinery. Digital media master Richard Nash says the digital revolution took many by surprise in the book world…
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    DigitalKoans

  • Associate Director for Technology and Digital Strategies at University of Texas at Austin

    Charles W. Bailey, Jr.
    1 Jul 2015 | 5:33 am
    The University of Texas at Austin is recruiting an Associate Director for Technology and Digital Strategies. Here's an excerpt from the ad: Define and articulate vision and strategic directions for UT Libraries information technology to advance UT Libraries' mission and vision in a dynamic environment, participate in executive level decision making processes, oversee budget allocations, […]
  • Curator of Digital Collections at Harvard Law School

    Charles W. Bailey, Jr.
    1 Jul 2015 | 5:32 am
    Harvard Law School is recruiting a Curator of Digital Collections. Here's an excerpt from the ad: ESSENTIAL FUNCTIONS: Oversees all born-digital materials collected by HSC, whether acquired though manuscript acquisitions, Red Set collection development, or other means. Leads and collaborates in acquiring, processing, managing, preserving, and making accessible born-digital materials. Develops, updates and upholds policies […]
  • Digital Library Data Curation Developer at University of Notre Dame

    Charles W. Bailey, Jr.
    1 Jul 2015 | 5:31 am
    The University of Notre Dame is recruiting a Digital Library Data Curation Developer. Here's an excerpt from the ad: The Hesburgh Libraries is seeking a passionate software developer to join our Digital Library Technology Unit in support of digital library and research data curation services. With an emphasis on data curation, the individual will design […]
  • Research Data Curation Bibliography, Version 5

    Charles W. Bailey, Jr.
    1 Jul 2015 | 5:30 am
    Digital Scholarship has released Version 5 of the Research Data Curation Bibliography. This selective bibliography includes over 350 English-language articles, books, and technical reports that are useful in understanding the curation of digital research data in academic and other research institutions. The "digital curation" concept is still evolving. In "Digital Curation and Trusted Repositories: Steps […]
  • DigitalKoans Posts Resume on 7/1/2015

    Charles W. Bailey, Jr.
    28 May 2015 | 9:28 am
    DigitalKoans posts will resume on 7/1/2015. Digital Scholarship | Digital Scholarship Sitemap
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    Digitization 101

  • SLA2015 : Trust, Loyalty & Initiative: What does it mean to be a leader?

    16 Jun 2015 | 8:58 am
    Speaker: Commander Benjamin "BJ" Armstrong (US Navy), @wwatmd Armstrong noted that his opinions are his own and not those of his employer or the U.S. Government.  He is here a a civilian. Leadership is not about school solutions or equations.  It is not about scientific perfection.  Trust can be difficult for some leaders. It can seem ineffective.  However, it is a key component of leadership. One of the things that distinguished Admiral Horatio Nelson (1758-1805) was the trust that he put into his sailors. Nelson also trusted the voice within himself.  A.T. Mahan…
  • SLA2015 : Let Freedom Ring

    15 Jun 2015 | 9:55 am
    In case you wonder, yes, I've gone to a couple of sessions that are very much related to the consulting work that I used to do.  The sessions have been good reminders of the wisdom that I need to pass along to my students.----Quick take session by Jennifer Burke on being an independent information professional (IIP). Her web site is theinfohound.com Being a librarian was a second career for her.  She came from a marketing background.  She then combined libraries + marketing consulting into being a independent Infomation consultant.  This allowed her a sense of freedom. Her…
  • SLA 2015 : The A-Z of Researching Private Companies

    14 Jun 2015 | 12:06 pm
    With Phil Britton from Ulta Beauty, sponsored by PrivCo. Association and trade groupsBrokers - real estate, travel, etc.Contractors and suppliersDun & BradsteetEx-employeesFreedom of Information ActGlassdoor.com Hoover'sInterviews and elicitationJournalsKnowledge sharing and conference presentationsLinkedInMerger and acquisition disclosuresNewspapers - local ones are best - jobs, taxes, landOperators - advanced Internet search techniquesPrivCo - private company financial intelligenceQuota.comRecruitersSlideshare and other social media - postings by employees and internsTrademark and…
  • SLA 2015 : Keynote speaker: Leigh Gallagher

    14 Jun 2015 | 12:06 pm
    Leigh GallagherLeigh Gallagher (@leighgallagher) is an assistant editor at Fortune Magazine.  She wrote The End of the Suburbs (book), which she heavily researched. As a journalist, information is the currency that she trades in.  She reports to be an information junky.Gallagher talked about her work and the research that she has done to help her. She has research done for interviews for Fortune magazine, for its conferences, and podcasts. She has a real respect for library and information professionals, and the work that we do.  Gallagher filled her speech with many…
  • Orphan Works and Mass Digitization: A Report of the Register of Copyrights

    9 Jun 2015 | 11:01 am
    On June 4, the Copyright Office wrote:The U.S. Copyright Office today released Orphan Works and Mass Digitization: A Report of the Register of Copyrights. The Report documents the legal and business challenges faced by good faith users who seek to use orphan works and/or engage in mass digitization projects. It provides a series of legislative recommendations that offer users a way forward out of gridlock, but also take into account the legitimate concerns and exclusive rights of authors and other copyright owners.   Have they attacked those areas, where changes are needed? Yes.With…
 
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    Dear Rich: An Intellectual Property Blog

  • Same Sex Marriage and Copyright Redux

    The Dear Rich Staff
    1 Jul 2015 | 3:25 pm
    Back in 2013 when the Supreme Court made its DOMA decision, we reviewed the effect it would have on copyright law. At that time we indicated that the primary effect would be that in states where same-sex marriage is legal, the surviving spouse would acquire copyright renewal rights and termination rights. Now that the Supreme Court has held that same-sex marriage, is legal in all states the rule applies across the country. In other words, a surviving spouse will acquire the right to recapture copyright for pre-1978 transfers as well as the right to send and benefit…
  • Can I Stop App Maker From Using My eBook Title?

    The Dear Rich Staff
    24 Jun 2015 | 6:00 am
    Dear Rich: I recently discovered that a new Apple app is using my exact common law trademark -- a phrase associated with my former profession. Through Apple, I contacted the app designer, who said she registered the trademark with the USPTO and it was tough luck for me. Since February 2013, I have used my trademark for the title of my copyrighted eBook, which is available globally on Apple, Amazon, Barnes and Noble, Kobo and Smashwords. Since that date, any cursory internet search for those keywords would reveal my eBook, my website and my personal contact information. How can I regain…
  • Wants to Use Recycling Logo As Part of Trademark

    The Dear Rich Staff
    22 Jun 2015 | 6:00 am
    Dear Rich: I started a small comic book publishing company called Disposable Fiction Comics, LLC. We are using the recycling logo as part of our logo. I know that the recycle logo is part of public domain, but I was considering trademarking it, but I started realizing that may not be possible as it would make it private property. The classic recycling logo -- three bent arrows in a triangle shape --has been used in many variations in dozens of registered trademarks from recycled fabrics to recycled metals to cement to photocopier cartridges to edible marijuana seeds.
  • Making an NDA With Someone in Remote Location

    The Dear Rich Staff
    17 Jun 2015 | 6:00 am
    Dear Rich: Can you advise me as to the best process for arranging a non disclosure agreement with a party in a remote location? Can the agreement be signed and attached in an email? Would this be sufficient or is an original necessary?Thanks to the federal e-signature law, contracts that are signed and executed electronically are as valid and enforceable as paper contracts. All you need to do is email it to the remote party who emails it back with an electronic signature. People use different types of e-signatures, including typing the signer's name into the signature area, pasting in a…
  • How Do I Register Revised Version of Previously Published Book?

    The Dear Rich Staff
    15 Jun 2015 | 6:00 am
    early print-on-demand systemDear Rich: Some years ago, I wrote a novel. I briefly offered it through a print-on-demand service, but only a very few copies were actually printed before I thought better of it and all of those copies went to me or close friends. The work was not registered with the Copyright Office at that time. Since withdrawing the book from the P-O-D service, I've made various revisions to the text, fixing some errors, refining dialogue, and so forth. I am now interested in registering the work, but because of the short-lived print edition, I'm not sure how I need to approach…
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    PrivacyNet

  • No Hiding Online, As Facebook Figures Out How to Pick You Out of a Crowd

    Gordon Platt
    25 Jun 2015 | 7:54 am
    We already know that Facebook has the ability to tag and unearth our most embarrassing photos when we least expect it, but the social network’s latest leap forward takes that ability to the next level. Through research conducted in conjunction with Flickr’s public domain photo collection, Facebook created an algorithm that can accurately identify a face even when it is turned away from the camera. Out of a sample of nearly 40, 000 images, the algorithm was correct 83 percent of the time. That’s a small enough margin of error to have even the most unflappable of online…
  • High Profile Hacks Flag the Need for Multi-Factor Authentication

    Gordon Platt
    18 Jun 2015 | 1:47 pm
    Protecting our online accounts is more important than ever. It’s also more complicated than ever, thanks to the sheer number of passwords, pins, usernames, and security questions required to access even the simplest sites nowadays. Unfortunately, recent high profile hacks affecting venerable names in the internet security industry, namely Kaspersky Labs and LastPass, highlight how far intruders can go up the chain to get into our valuable personal data. View image | gettyimages.com Although the breach of renowned Russian digital security firm Kaspersky is the most troubling in terms of…
  • At WWDC 2015, Apple Puts Privacy at the Core of New Products

    Gordon Platt
    9 Jun 2015 | 8:12 am
    A common thread ran through a diverse set of announcements at Apple’s Worldwide Developers Conference (WWDC 2015) yesterday. Between News and new software, Maps and Music, the linking factor for each came back to one thing: privacy. The fact that each speaker took the time to emphasize privacy marks it out as an important selling point for the world’s most valuable brand. Having laid the foundation for this contrast earlier this month in an address to the Electronic Privacy Information Center (EPIC), Cook made a bold stand on the side of privacy rights, saying: “We…
  • It’s Time to Check Tech’s Tacit Acceptance of Content Theft

    Gordon Platt
    5 Jun 2015 | 12:31 pm
    It’s almost so common that we no longer notice it, but the technology media has a peculiar way of writing about content theft. Generally using the more familiar, less charged term “piracy” –  as many of us admittedly do – tech writers also employ a style that offers pirates a free pass, if not outright advocating for copyright infringement through their coverage. All too often, piracy gets the tech thumbs up (Photo credit: Wikipedia) In a BGR article republished by Yahoo last month, writer Chris Smith gleefully expounds on the virtues of a revitalized streaming…
  • TVEyes: Fair Use is Not a Business Model

    Gordon Platt
    1 Jun 2015 | 7:44 am
    (Photo credit: Wikipedia) Fair Use is a loophole. By definition, Fair Use is an exception to the rule that intellectual property belongs to the content creator or owner and allows for the very limited use of creative content. The key is that the limited use of the content must be “transformative.”  That means it can be used for something like the purposes of a review or commentary and not merely copied or rebroadcast. Here’s what it doesn’t mean: Fair Use can be used to create a business using someone else’s content. Somehow that memo never made it clear to…
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