Copyright

  • Most Topular Stories

  • Music and the Creative Groove

    Copyfight
    24 Jul 2015 | 6:02 pm
    One of my favorite acts, The Glitch Mob, has a nice piece up on Medium about how they created their first album. The interesting part for Copyfight is the discussion of creative control. TGM changed their style of music, changed how they wanted to be heard by audiences, and as a result parted ways with their previous label and started their own. Now they keep complete and tight control over every aspect of their album creations and it works for them. And this so works for me.
  • Announcing the first round of Global Summit keynote speakers

    Creative Commons » Commons News
    Timothy Vollmer
    28 Jul 2015 | 1:05 pm
    We’re happy to announce the first set of keynote speakers for the 2015 Creative Commons Global Summit: Lila Tretikov, Executive Director of the Wikimedia Foundation Yochai Benkler, author and law professor at Harvard Law School Julia Reda, Member of the European Parliament and rapporteur of the Parliament’s review of the EU Copyright Directive Ryan Merkley, CEO of Creative Commons The 2015 CC Global Summit will take place in Seoul, South Korea 15-17 October. Every two years, a vibrant international community of experts, academics, and activists engaged in stewarding and expanding CC…
  • Congratulations To Top 40 Most Popular New York Law Blogs Of All Time

    Copyright Litigation Blog
    6 Jul 2015 | 4:30 am
    According to Justia BlawgSearch, there are 302 blogs focusing on New York law.  Justia ranks the most popular of "all time".   Here are the top 40: 1. Real Estate Law Blog2. New York Supreme Court Criminal Term Library3. New York Public Personnel Law4. New York Attorney Malpractice Blog5. Copyright Litigation Blog6. Criminal Law Library Blog7. Clancco: Art & Law8. New York Criminal Lawyer Blog9. Coverage Counsel10. ERISA Lawyer Blog11. New York Law Notes12. Sui Generis - a New York Law Blog13. New York Personal Injury Law Blog14. CFTC Law15. Securities Law Blog16. LoTempio…
  • Flexibility in bibliographic models

    Coyle's InFormation
    17 Jul 2015 | 7:59 am
    A motley crew of folks had a chat via Google Hangout earlier this week to talk about FRBR and Fedora. I know exactly squat about Fedora, but I've just spent 18 months studying FRBR and other bibliographic models, so I joined the discussion. We came to a kind of nodding agreement, that I will try to express here, but one that requires us to do some hard work if we are to make it something we can work with.The primary conclusion was that the models of FRBR and BIBFRAME, with their separation of bibliographic information into distinct entities, are too inflexible for general use. There are…
  • 3 Count: Birthday Present

    Plagiarism Today
    Jonathan Bailey
    28 Jul 2015 | 10:22 am
    Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Filmmakers Fighting “Happy Birthday” Copyright Find Their “Smoking Gun” First off today, Joe Mullin at Ars Technica reports that the plaintiffs in the Happy Birthday lawsuit claim to have a “smoking gun”, one that proves the song is in the public domain. The lawsuit was filed by a filmmaker who was ordered to pay a $1,500 license to use the song in a movie. She filed it as a class action lawsuit so she could also help others who paid for a license recover their money. Warner/Chappell Music, the…
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    Copyfight

  • Music and the Creative Groove

    24 Jul 2015 | 6:02 pm
    One of my favorite acts, The Glitch Mob, has a nice piece up on Medium about how they created their first album. The interesting part for Copyfight is the discussion of creative control. TGM changed their style of music, changed how they wanted to be heard by audiences, and as a result parted ways with their previous label and started their own. Now they keep complete and tight control over every aspect of their album creations and it works for them. And this so works for me.
  • What If You Made a Record, But Nobody Knew?

    21 Jul 2015 | 11:45 am
    I mentioned some months ago that I backed the Kickstarter for The Wrecking Crew and this weekend I finally got to sit down and watch the film. If you're a music nut like me then this film is a must-see. It's frankly thrilling to see the bass that did the line we know from the Peter Gunn Theme and the horn from the Pink Panther theme. Of most interest to Copyfight are the discussions of ownership and compensation. The Wrecking Crew were studio musicians. They were the sounds on all those Beach Boys records, Nancy (and Frank) Sinatra records, Sonny & Cher records, The Mamas & The Papas - the…
  • If It's Not One Clause It's Another

    20 Jul 2015 | 7:09 am
    Crash Course Intellectual Property Part 5 covers trademarks and covers the basics of trademarking and how it relates to (or helps alleviate) consumer confusion. One item I'd forgotten: even though the USPTO (Patent and Trademark Office) is responsible for both, the Supreme Court has held that Congress cannot regulate trademarks under the intellectual property clause of the constitution. This is the clause that gives Congress power over copyrights and patents. Instead, Congress regulates trademarks through its Commerce power, another Constitutional clause entirely. Why Patents and Trademarks…
  • At the End of this Hypothetical Day I Might Be Destroyed

    13 Jul 2015 | 11:16 am
    ...or so opines Stan Muller in Crash Course - Copyright, Part 3. In his thought experiment he goes through a day of what we'd consider pretty normal activities - retweeting, taking and posting a video at a friend's birthday party - and a couple unusual activities like getting a tattoo made from his own sketch of a copyrighted work. (Long-time readers may recall we talked about copyright and tattoos back in 2011 and one of my predecessors here noted a case as early as 2005). Stan points out that not only does this set of pretty mundane things put him on the hook for millions in statutory…
  • Belgian Court Acquits Pirate Bay Founders

    10 Jul 2015 | 9:53 am
    TorrentFreak is reporting that the four founders of The Pirate Bay have been acquitted of criminal charges in a Belgian court. This is not entirely surprising since the charges arose from the period 2011-2013, during which at least one of the four was already in jail and the site itself had been sold to another entity. In essence, this is the court saying that they believed the defendants' stories of non-involvement during that period. Other legal troubles are unaffected by this decision.
 
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    Creative Commons » Commons News

  • Announcing the first round of Global Summit keynote speakers

    Timothy Vollmer
    28 Jul 2015 | 1:05 pm
    We’re happy to announce the first set of keynote speakers for the 2015 Creative Commons Global Summit: Lila Tretikov, Executive Director of the Wikimedia Foundation Yochai Benkler, author and law professor at Harvard Law School Julia Reda, Member of the European Parliament and rapporteur of the Parliament’s review of the EU Copyright Directive Ryan Merkley, CEO of Creative Commons The 2015 CC Global Summit will take place in Seoul, South Korea 15-17 October. Every two years, a vibrant international community of experts, academics, and activists engaged in stewarding and expanding CC…
  • Happy 150th, Alice’s Adventures in Wonderland!

    Jane Park
    28 Jul 2015 | 9:17 am
    Alice’s Abenteuer im Wunderland / Public Domain This year is the 150th anniversary of Lewis Carroll’s Alice’s Adventures in Wonderland. In celebration, Medium and the Public Domain Review have teamed up to host A Mad Hatter’s Mashup Party, complete with the original text, illustrations, animated GIFs, and silent film adaptations in the public domain and under CC licenses. This is a great opportunity to creatively engage with the Commons and put Medium’s CC licensing feature to work. A dozen Lewis Carroll experts will also be participating by annotating a special version of the text…
  • It’s time to #MoveFASTR: support public access to publicly-funded research

    Timothy Vollmer
    28 Jul 2015 | 6:48 am
    Shinkansen Tokyo by Parag.naik, available under the CC BY-SA license. Tomorrow the U.S. Senate Committee on Homeland Security and Governmental Affairs will markup S. 779, the Fair Access to Science and Technology Research Act (called FASTR for short). The bill–if enacted–would increase access to federally funded research. It was introduced in both the Senate and House of Representatives on March 18, 2015. FASTR requires federal agencies with annual external research budgets of $100 million or more to provide the public with online access to the research articles stemming from…
  • The case of the witch and her cat: crowdfunding free culture

    Ryan Merkley
    17 Jul 2015 | 3:16 pm
    The guest post below was written by Erik Moeller from Passionate Voices, in support of our campaign “Made with Creative Commons: A book on open business models” which will present in-depth profiles of Creative Commons use. The dragoncow is chewing on an uprooted tree, its bulging eyes staring vacantly into the distance as the orange cat hanging off its udder extracts a large drop of milk into a wooden bucket held by a young witch balanced precariously on her broomstick. The scene is from David Revoy’s Pepper & Carrot, a much-loved comic strip about a witch and her cat. Unlike most…
  • Global Summit Call for Participation – Extension

    Jessica Coates
    16 Jul 2015 | 7:01 am
    The deadline for submissions to the CC Global Summit’s Call for Participation is fast approaching. But for those still getting their proposals together, there’s a reprieve – we’ve decided to extend the deadline until Wednesday 22 July. The extension is in response to a technical glitch we’ve become aware of, which meant that multiple submissions from the same email address may not have registered properly. If you registered more than one submission from your email address, please contact info@creativecommons.org to confirm they were all received. The issue is now…
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    Copyright Litigation Blog

  • Congratulations To Top 40 Most Popular New York Law Blogs Of All Time

    6 Jul 2015 | 4:30 am
    According to Justia BlawgSearch, there are 302 blogs focusing on New York law.  Justia ranks the most popular of "all time".   Here are the top 40: 1. Real Estate Law Blog2. New York Supreme Court Criminal Term Library3. New York Public Personnel Law4. New York Attorney Malpractice Blog5. Copyright Litigation Blog6. Criminal Law Library Blog7. Clancco: Art & Law8. New York Criminal Lawyer Blog9. Coverage Counsel10. ERISA Lawyer Blog11. New York Law Notes12. Sui Generis - a New York Law Blog13. New York Personal Injury Law Blog14. CFTC Law15. Securities Law Blog16. LoTempio…
  • 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…
 
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    Coyle's InFormation

  • Flexibility in bibliographic models

    17 Jul 2015 | 7:59 am
    A motley crew of folks had a chat via Google Hangout earlier this week to talk about FRBR and Fedora. I know exactly squat about Fedora, but I've just spent 18 months studying FRBR and other bibliographic models, so I joined the discussion. We came to a kind of nodding agreement, that I will try to express here, but one that requires us to do some hard work if we are to make it something we can work with.The primary conclusion was that the models of FRBR and BIBFRAME, with their separation of bibliographic information into distinct entities, are too inflexible for general use. There are…
  • International Cataloguing Principles, 2015

    28 May 2015 | 5:39 pm
    IFLA is revising the International Cataloguing Principles and asked for input. Although I doubt that it will have an effect, I did write up my comments and send them in. Here's my view of the principles, including their history. The original ICP dates from 1961 and read like a very condensed set of cataloging rules. [Note: As T Berger points out, this document was entitled "Paris Principles", not ICP.] It was limited to choice and form of entries (personal and corporate authors, titles). It also stated clearly that it applied to alphabetically sequenced catalogs:The principles here stated…
  • Catalogers and Coders

    11 May 2015 | 3:30 pm
    Mandy Brown has a blog post highlighting The Real World of Technology by Ursula Franklin. As Brown states it, Franklin describesholistic technologies and prescriptive technologies. In the former, a practitioner has control over an entire process, and frequently employs several skills along the way...By contrast, a prescriptive technology breaks a process down into steps, each of which can be undertaken by a different person, often with different expertise.It's the artisan vs. Henry Ford's dis-empowered worker. As we know, there has been some recognition, especially in the Japanese factory…
  • The 50's were a long decade

    29 Apr 2015 | 12:46 pm
    Born in 1949, I grew up in the 50's. Those were the days of Gracie Allen ("Say goodnight, Gracie." "Goodnight, Gracie."), Lucille Ball, and Alice of the Honeymooners, for whom "To the moon, Alice!" did not mean that she could ever be astronaut. These were the models for the 1950's woman.I was always bright and precocious. Before starting kindergarten I taught myself to read the Dick and Jane books that were being read to me. My parents didn't believe that I could read so they bought a book I had never seen and I read it to them. From then on my mother's mantra was, "Karen, no one is ever…
  • Come in, no questions asked

    21 Apr 2015 | 8:40 am
    by Eusebia Parrotto, Trento Public Library*He is of an indeterminate age, somewhere between 40 and 55. He's wearing two heavy coats, one over the other, even though it's 75 degrees out today (shirt-sleeve weather) and a large backpack. He's been a regular in the library for a couple of months, from first thing in the morning until closing in the evening. He moves from the periodicals area along the hall to the garden on fair weather days. Sundays, when the library is closed, he is not far away, in the nearby park or on the pedestrian street just outside.I run into him at the coffee vending…
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    Plagiarism Today

  • 3 Count: Birthday Present

    Jonathan Bailey
    28 Jul 2015 | 10:22 am
    Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Filmmakers Fighting “Happy Birthday” Copyright Find Their “Smoking Gun” First off today, Joe Mullin at Ars Technica reports that the plaintiffs in the Happy Birthday lawsuit claim to have a “smoking gun”, one that proves the song is in the public domain. The lawsuit was filed by a filmmaker who was ordered to pay a $1,500 license to use the song in a movie. She filed it as a class action lawsuit so she could also help others who paid for a license recover their money. Warner/Chappell Music, the…
  • 10 Years of PT: 2013 – Small Battles, Small Wars

    Jonathan Bailey
    27 Jul 2015 | 1:39 pm
    Note: This post is part of an ongoing series, you can read the other posts here. If 2012 was a banner year for copyright and plagiarism online, 2013 was more of a flyer or handbill year. Where 2012 saw titanic battles such as the SOPA/PIPA protests, Megaupload’s closure and the Jonah Lehrer scandal, 2013 was a year of much smaller, but more frequent battles. In many ways, 2012 was the year that both dealt with the aftermath of 2012 and set the stage for 2014. Like a middle book in a trilogy, its was certainly a year where a lot happened, but one where nothing felt like it was really started…
  • 3 Count: Android’s Growth

    Jonathan Bailey
    27 Jul 2015 | 9:48 am
    Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Twitter is Deleting Stolen Jokes on Copyright Grounds First off today, Dante D’Orazio at The Verge reports that freelance writer Olga Lexell has filed a Digital Millennium Copyright Act (DMCA) notice to have several tweets removed from Twitter that she accuses of plagiarizing her jokes. Lexell, filed the complaint after she noticed a joke she had posted was being copied and pasted verbatim and without attribution by dozens of other accounts. Twitter, complying with the DMCA notice, withheld those tweets,…
  • 3 Count: Swift Turnaround

    Jonathan Bailey
    22 Jul 2015 | 8:09 am
    Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: People Who Pay for Content but Also Infringe Copyright Spend More First off today, Chris Puckett at ZDNet reports that a survey released by the Australian Department of Communications shows that some 43 percent of all Australians who consumed digital content had consumed at least some of it illegally, however, those who consumed a mix of illegal and legal content were among the highest spenders. The study looked at Internet users who were older than 12 over a 3 month period and found that those who viewed a mix…
  • 3 Count: Cheat Code

    Jonathan Bailey
    21 Jul 2015 | 8:30 am
    Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Grooveshark Co-Founder, 28, Found Dead in Home First off today, Anthony Clark at The Gainesville Sun reports that Grooveshark co-founder Josh Greenberg was found dead in his home yesterday. He was 28. Grooveshark was a music streaming service that allowed users to upload tracks for others to stream. However, the service was sued by the record labels, who eventually secured several key legal victories forcing Grooveshark to shut its doors in April as part of a settlement. However, there is no evidence of suicide…
 
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    Beyond the Book

  • Learning To Change

    rob@burstmarketing.com (BurstMarketing)
    26 Jul 2015 | 9:00 am
    Change has come to publishing.  That’s hardly a news flash.  We are all familiar with the digital transformation of books and related media such as news.  But the change that’s rarely spoken of is what happens to our work and our workplaces. Amy Wrzesniewski, Professor of Organizational Behavior for the Yale School of Management, studies how employees shape their tasks, interactions and relationships with others in the workplace to change both their work identity and the meaning of their job.  Prof. Wrzesniewski has engaged in research projects with IBM, Google, Sun Microsystems, the…
  • More Books From Harper Lee, Please

    rob@burstmarketing.com (BurstMarketing)
    23 Jul 2015 | 9:01 pm
    In a week when Go Set A Watchman broke sales records, the book business might want to celebrate. Then again, it might not. Harper Lee’s second novel lay unpublished for more than 50 years. When it finally appeared, readers swooped upon the tale of Scout and Atticus Finch in print and digital forms. “Watchman sold over 746,000 copies in its first week on sale, according Nielsen BookScan, which tracks sales for about 80% of the print market. That performance will easily make it the #1 title on PW’s bestseller list, topping Grey by E.L. James, which still sold over 87,000 copies last…
  • Picture Perfect Fair Use?

    rob@burstmarketing.com (BurstMarketing)
    19 Jul 2015 | 9:00 am
    When is a photograph not a photograph?  When it is a work of art by Richard Prince, a master of rephotography and other appropriation practices.  Riddles that puzzle over ownership and originality have preoccupied Richard Prince for four decades.  Those same riddles, as expressed in his paintings and photographs, have made Prince an enormously well-regarded figure in the Manhattan art world and a fabulously wealthy man. Richard Prince is no stranger either to controversy or courthouses, where he has faced charges of copyright infringement.  In May, at New York’s Frieze Art Fair, Prince…
  • Watchman Heats Up Summer Sales

    rob@burstmarketing.com (BurstMarketing)
    16 Jul 2015 | 9:01 pm
    Many bestsellers are surprise hits, appearing almost out of nowhere to dominate and saturate. The latest blockbuster, though, was a guaranteed smash from the day this past winter when its publisher announced the title. Go Set a Watchman is only the second novel from author Harper Lee; its predecessor, To Kill A Mockingbird, has sold more than 150 million copies worldwide since 1960. Both books share characters and settings, even if the portrayals diverge dramatically. Only days after its publication this week, Watchman has also shown the same Mockingbird-like strength in the marketplace.
  • Scott Stratten UnInterviewed

    rob@burstmarketing.com (BurstMarketing)
    12 Jul 2015 | 9:00 am
    Picture Scott Stratten as a cross between a hipster and a revival preacher. Bearded and tattooed, he paces the stage for companies like PepsiCo, Adobe and the Red Cross, Hard Rock Cafe, and Cirque du Soleil, to evangelize for engagement. With a mission to promote the authentic over the affected, Stratten is creator and chief proponent of what he calls, “Un-Marketing,” the trick and the talent of positioning yourself or your company as a trusted expert in front of your target market, so “when they have the need, they choose you.” “The authentic is the truth,” he tells CCC’s Chris…
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    DigitalKoans

  • Digital Curation News (7/28/2015) #digitalcuration #digitalpreservation #researchdatamanagement #rdm

    Charles W. Bailey, Jr.
    28 Jul 2015 | 9:52 am
    Personal Digital Archiving 2015 Videos and Presentations Announcing the Release of AVCC Inventory & Collection Management Tool Using Digital Archives in Historical Research: What Are the Ethical Concerns for a 'Forgotten' Individual? Digital Collection Stewardship Learning to Manage and Share Data: Jump-Starting the Research Methods Curriculum Book Review: Preserving Complex Digital Objects Delivering Research Data […]
  • Software Engineer for Digital Content Management at University of Virginia

    Charles W. Bailey, Jr.
    28 Jul 2015 | 5:33 am
    The University of Virginia is recruiting a Software Engineer for Digital Content Management. Here's an excerpt from the ad: The University of Virginia Library collects, curates and facilitates access to a wide variety of rare and unique materials, chiefly in the Albert and Shirley Small Special Collections Library. The Library acquires born-digital materials and digitizes […]
  • "’Total Cost of Ownership’ of Scholarly Communication: Managing Subscription and APC Payments Together"

    Charles W. Bailey, Jr.
    28 Jul 2015 | 5:32 am
    Stuart Lawson has self-archived "'Total Cost of Ownership' of Scholarly Communication: Managing Subscription and APC Payments Together." Here's an excerpt: Managing subscription journals and open access charges together has created challenges which may in part be dealt with by offsetting the two revenue streams against each other. In order to do this, it is necessary […]
  • Academic Preservation Trust System Administrator/Developer at University of Virginia Library

    Charles W. Bailey, Jr.
    28 Jul 2015 | 5:31 am
    The University of Virginia Library is recruiting an Academic Preservation Trust System Administrator/Developer. Here's an excerpt from the ad: The Systems Administrator/Developer of the Academic Preservation Trust (APTrust.org) consortium performs system administration and programming related to the Trust's digital-preservation repository environment and other technical environments associated with the Trust. . . . The person in […]
  • "TPP Undermines User Control and That’s Disastrous for Accessibility"

    Charles W. Bailey, Jr.
    28 Jul 2015 | 5:31 am
    Maira Sutton has published "TPP Undermines User Control and That's Disastrous for Accessibility" in Deeplinks. Here's an excerpt: The passage of the Marrakesh Treaty led to a change in the TPP's Limitations and Exceptions section of the Intellectual Property chapter, expanding the definition of a legitimate use as one that is "facilitating access to works […]
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    Digitization 101

  • Respecting trademarks

    23 Jul 2015 | 6:00 am
    Trademark: Do not erase In the U.S. Patent and Trademark Office publication Basic Facts About Trademarks, defines a trademark or service mark as:A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods. Throughout this booklet, the terms “trademark” and “mark” refer to both trademarks and service marks.Trademarks and service marks…
  • Learning through failure

    20 Jul 2015 | 6:00 am
    I like noticing people's language and the words that they use, and I especially like to notice if those words are positive or negative. We tend to say "don't" rather than "do", and warn people away from possible failures. However, every successful inventor, project manager, entrepreneur, executive and business owner has failed at least once (if not multiple times). We remember people for their successes and forgot about all the failures which occurred first. We learn much more through our failures than through our success.In his daily Intensely Positive email, Kelvin Ringold said: Children…
  • Blog post: EU parliament defends Freedom of Panorama & calls for copyright reform

    13 Jul 2015 | 6:00 am
    Julia Reda has been lobbying for specific reforms to the copyright laws in the European Union.  On her blog last week, she announced a victory in terms of the "Freedom of Panorama, whichallows anyone to publish photographs, documentary films and other works depicting public places without restriction." She noted that the ability for someone to take a photo with a building in the background and then post that photo online runs into copyright concerns that are not easily for a person to navigate.  Lifting the restrictions made sense to her. Thankfully, it also made sense to the…
  • Innovating Professional Conferences, Part 4: Ideas from colleagues

    9 Jul 2015 | 6:00 am
    Last week, I published three blog posts on innovating professional conferences (part 1, part 2, part 3) and I appreciate the conversations that they began.  A few people left comments on Twitter and Facebook, and I want to capture their ideas here.Jan Holmquist suggests using face-to-face sessions to give participants a problem to solve and have them create solutions in the moment.  While that might not work for every conference session, Jan believes that it could work for some. Imagine a conference where you hear a keynote on a specific topic, learn more in other sessions, then…
  • Innovating Professional Conferences, Part 3: Can we bring remote participants into a conference?

    2 Jul 2015 | 8:00 am
    After I started this series (part 1 & part 2), I spoke to Paul Signorelli about it and he sees the innovation needed as being different and I want to capture that idea here.While I think that we need to move our professional development from conferences to the online environment, Paul believes that we need to use our online technology to bring remote participants to a face-to-face conference. Before the ALA Annual Conference, Paul outlined a myriad of ways that he thought it would occur. Near the end of the conference, Paul hosted a session to talk about and experiment with bringing…
 
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    Dear Rich: An Intellectual Property Blog

  • Will an LLC Shield Me From Copyright and Trademark Lawsuit?

    The Dear Rich Staff
    27 Jul 2015 | 8:23 am
    Dear Rich: I'm attempting to get licensing from several professional and collegiate sports associations, I've received licensing for some but not all and plan to sell, or would like to sell, product before all are in place. The copyright issue falls somewhat in the gray area but nonetheless I feel it's prudent to have personal liability in place. My question is will an LLC give personal legal liability protection from a lawsuit brought by one of these copyright or trademark holders? Or do I need to structure it as a C or S corporation, and if so which is better with regard to this…
  • What Constitutes "Publication" Under Copyright Law?

    The Dear Rich Staff
    22 Jul 2015 | 4:43 pm
    Dear Rich: I wrote an “In Remembrance” booklet when a family member passed away. About 20 copies of the booklet were given to family, friends and neighbors. The booklet didn’t even have my name on it because everyone I gave it to knew I was the author. It was not used for a memorial service and there was no sale or public display involved. Recently, I found out that one of my friends had faxed the booklet to two people he knew, even though I asked him not to. Because of the response, I’ve decided to lengthen the booklet and turn it into a short story for sale –…
  • Does TM Registration Provide Priority for All Items Within the Class?

    The Dear Rich Staff
    15 Jul 2015 | 9:33 am
    Dear Rich: Does a trademark registration grant the right to use a trademark only for the specific goods  or for any/all goods within the category? For example, does a registration in Class 9 for an app give the trademark owner exclusive rights for everything in Class 9? No, registration in a  trademark class doesn't guarantee exclusive rights for all the goods and services in that class. For example, we counted over a dozen different companies who had registered the mark "EAGLE" in Class 9 for products ranging from fatigue monitoring devices to business software for inventory…
  • If You Write It, They Will Sue

    The Dear Rich Staff
    13 Jul 2015 | 6:00 am
    Dear Rich: I wrote a novel that is set on the city street I used to live on. The year is 1968. It follows the interaction of a dozen kids, ranging in age. At some points the teasing between the kids gets very intense: “Your mom’s a tramp. Your dad left two years ago and you don’t even know where he is,” etc. The book is essentially a comedy and all of the characters, including the one drawn from me, are presented in a broad amusing fashion. The book will include the standard fiction disclaimer on the copyright page. I have set the novel in a different city, changed all the characters…
  • The British Library Has Lost its Charm

    The Dear Rich Staff
    8 Jul 2015 | 6:00 am
    British Library London" by Jack1956Dear Rich: I ordered some public domain works from the British Library (assume they are absolutely, without question public domain--written in 1800s), and the British Library people say: "Here are your copies, but you can't copy them further, because, by copying them we, British Library, acquired a new copyright on them." Is this right? Can they have a copyright on photocopies of public domain works?We're not familiar with British copyright law but, under U.S. law, creating a "slavish reproduction" of a public domain work doesn't create a new copyright. So,…
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    Brent Britton

  • Five Ways to Put My Kids Through College

    bcjb
    13 Jul 2015 | 5:48 pm
    As your corporate and IP lawyer, I would like to thank you for the situations into which you get yourself, extraction from which requires the payment of substantial sums of cash to me. Far more cash, it must be said, than you would have paid me had you brought the situation to me in the first place. Anyway, here’s how to put my kids through college. 5. Promise employees and other people lots of stock, but don’t paper anything with actual contracts. Come to your lawyer a year or more later asking for “corporate cleanup.” This will take weeks, not days. Oooo… I am…
  • Five Ways to Desuckify Internet Advertising

    bcjb
    12 Feb 2015 | 12:25 pm
    The other day I surfed a car company’s website. Then I bought a car from that company. Nice and neat. I’m happy. They’re happy. Ever since then, however, everywhere I go on the web, I am getting served up ads from that very company for that very car. The one I already bought. Whataminute. What? I think it is safe to say I am the last person who is likely to buy that car in the short term. Because, you see, there is a shiny new one in my garage. I am out of the market for a couple years. I am the worst person to see car ads. Seeing ads for that car, every single day, on every site I…
  • All “A Board” — The Difference between Directors and Advisors

    bcjb
    25 Sep 2014 | 8:36 am
    If you’re an entrepreneuryou’ve probably been told that your company needs a good board. You may have overheard other entrepreneurs speak — perhaps boastfully, perhaps resentfully — about their powerful or active (or activist) boards.  But what kind of thing is this board of which everyone speaks? It is probably one of two things: a Board of Directors or a Board of Advisors. And they are two very different things. In short: The Board of Directors oversees the CEO and sets the company’s overall direction; its members are elected by an annual vote of the company’s stockholders. The…
  • Embaggen the cat, or let it out? (to NDA or not to NDA)

    bcjb
    11 Aug 2014 | 8:39 am
    When first conceiving of a new startup idea, lots of entrepreneurs experience a measure of paranoia about it and start demanding that everyone with whom they discuss it sign a nondisclosure agreement (NDA). My opinion is: Don’t use an NDA until you must in order to protect highly sensitive, non-public information. NDA’s protect actual secrets, not things anyone can just look up online or read about in the news. Once you’ve written some key code or developed a secret sauce that no one else has thought of, then consider assaulting people with an NDA, but not before. It turns…
  • The Company You Keep

    bcjb
    13 Nov 2013 | 7:32 am
    With few exceptions, all business should be conducted from within a company that is properly formed and organized as a corporation, a limited liability company (LLC), a limited partnership (LP) or the like. Why? Four basic reasons: a. Asset Protection. Deservedly or not, almost all businesses get sued. Forming a company around the business can shield the owners’ personal assets (and other business interests) from being attached to satisfy the company’s liabilities. b. Asset Creation. A “d/b/a” does not a company make. If you’re doing business without a company,…
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  • Copyright Revisions: Don’t Believe All You Hear! (But Do Express Your Creative Opinion)

    Gordon Platt
    24 Jul 2015 | 4:38 pm
    “Oh, I heard it through the grapevine And I’m just about to lose my mind.” ~Marvin Gaye Facepalm moment (Photo credit: Wikipedia) Okay, so the late, great singer was lamenting lost love, but there are many kinds of rumour and they can be anything from minor to mind-blowing. We’re somewhere in the middle with a recent misunderstanding of copyright law, which while benign in nature does have the potential to channel otherwise positive support for creators in an unhelpful  direction. As the link above explains, the confusion occurred when one illustrator warned fellow…
  • Classic Rock Artists Lead the Charge for Consent-Driven Copyright

    Gordon Platt
    16 Jul 2015 | 2:09 pm
    If you’ve ever wondered how so much music can be played by radio stations and used in media productions such as movies and documentaries, Neil Young and a few fellow classic acts are about to blow the lid off the licensing process. Along with Bonnie Raitt, The Doors, and Journey – all of whom are represented by the same music publishing company – the iconic songwriter has withdrawn from an organization called the Mechanical Copyright Protection Society (MCPS), which means that their music is no longer pre-cleared for use in the situations described above. Image Credit: Man…
  • Selfie Service? Why You May Soon Pay With Your Face

    Gordon Platt
    2 Jul 2015 | 12:42 pm
    If you had assumed the future of payment technology was all about the flick of a wrist or the scan of a finger, think again. A new experiment from major payment brand Mastercard would see users paying with their face. That’s right, after quivering last week at the prospect of Facebook pulling our half-covered faces out of a crowd and tagging up the images, this week we see excitement at the idea of offering the same data to all kinds of retailers voluntarily. These truly are strange times (and technology) we’re living in! View image | gettyimages.com The Mastercard initiative is…
  • 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…
 
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