AoPI for July 1, 2014: July Fourth Edition

By: Dr. Fritz Dolak


Aereo and 21st Century Copyright Law

“Breyer’s rendition of the facts and explanation of Aereo’s technology and how it relates to the Copyright Act provides a clear picture for this highly-complicated and technical topic. The decision is also guarded, with the majority explicitly stating that the precedent should be narrowly applied to the Aereo technology and not future technologies, mainly the developing advances in cloud-based computer storage.”

Related: Symposium: Aereo decision injects uncertainty into copyright

Aereo and Future Innovation

Will Aereo Decision Put Brakes On Industry Innovation?

Aereo Suspends Service After SCOTUS Ruling


Copyrights, Licensing, And Royalties: A Fact Sheet

“The US Copyright Office and the House of Representatives are currently considering an overhaul of some of the copyright regulation that governs musical licensing. Here are some quick facts on the current state of music licensing.”


Sherlock Holmes Quotes and Books: Sir Arthur Conan Doyle Estate No Longer Owns Copyright, Court Rules

The game is afoot.


Lawyer looks back at landmark 2 Live Crew case

“More than 20 years later, the copyright infringement suit still affects modern music.”

Related: Nashville attorney at center of landmark copyright case


Copyright in Space is Truly a ‘Space Oddity’

“As [International Space Station Astronaut] Hadfield and those who watched the video discovered, even a YouTube video created in space cannot avoid copyright laws.”


The Future of Fandoms | Idea Channel | PBS Digital Studios

Interesting video.  “Will fans be able to control the media they celebrate? Will fan-created works and the argument of Fair Use alter copyright law? Will fandoms find a place in politics and government? Watch the episode, and let us know what you think!”


RIAA copyright take down notices topped 50 million sent to Google

What’s the cost to the RIAA per notice?

Related: MP3 Skull, Filestube Among RIAA’s Favorite Targets In 50 Millionth Google Request


NFL News: Washington Redskins Lose Copyright Case as Name Foes Continue to Mount Pressure

“The United States Patent and Trademark Office has canceled the Washington Redskins’ trademarks on the basis that the name is “disparaging to Native Americans,” dealing team owner Daniel Snyder a public relations blow as he tries to fend off activist groups that want him to change the team name.”


Libraries Applaud Landmark Copyright Ruling Affirming Fair Use

“Fair use has long been relied upon to provide important protections for the public and promote new and transformative uses of copyrighted works, such as those facilitated by HDL.”


In-Depth Presentation Demystifies the Gray Areas of Copyright Law for Photographers

“This hour and fifteen minute-long presentation is one of the most detailed and useful videos on copyright law for photographers that we’ve run across.”


The Samuelson Clinic releases “Is it in the Public Domain?” handbook

“A flowchart for evaluating the Copyright Status of a Work Created in the United States Between January 1, 1923 and December 31, 1977.”

Related: Copyrights and wrongs (Public domain complexity)


Blind get to read more with copyright reform

“Reading this may seem quite normal for you, but for someone who is visually handicapped, it is a challenge as technology hasn’t caught up.”


Copyright anniversary and the Net [need to scroll to 2nd article on page]

“On this date 244 years ago [June 9], the first publication in the United States was copyrighted under the new Copyright Act of 1790 (” And by the way, on May 31, 1790, President George Washington signed the law the first U.S. copyright act.


Unconstitutionally Long Copyright Terms Stifle Content Creation, Just Ask Disney

“There is a cost to extremely and unusually long copyright terms as we have under current American law.”


Tom Bell: “Intellectual Privilege: Copyright, Common Law, and the Common Good”

“I am an intellectual property “skeptic,” which means I doubt very much that copyright and patents are really property at all. Nor does the Constitution identify these rights as property.”


What Does Copyright Have to Do With “Free Trade”? Unpicking the Undemocratic Transatlantic Trade and Investment Partnership

“The rationale given is that aside from excise duties and tariffs, which are now generally low across the board, free trade can also be limited by weak support for IP rights, as this operates as an extra cost for the business of an IP exporter.”


YouTube Planning to Make Copyright Compensation Policy Changes

“If the Labels do not sign the agreement, Youtube [sic] would be within their rights to remove many of the labels’ videos.”


RESPECT Bill Would Put Golden Oldies Under Federal Copyright

“[The] new bill could help artists and labels collect royalties on the digital performance of older recordings while adding to the royalty expenses of the digital services that play them.”


Yes, You Can Copyright Characters

“Courts will continue to uphold copyright protection for certain characters that meet the applicable tests.”


Congress Looking to Modernize Recorded Music Copyright Laws

“The U.S. Congress is working to update laws on who gets paid for recorded music, in a possible omnibus bill, as old CDs pile up at yard sales and music lovers increasingly shift to streaming services such as Pandora and Spotify.”

Related: U.S. Congress updating music copyright laws as world goes digital


Copyright infringement filed against Led Zeppelin for ‘Stairway to Heaven’

“There’s a lady who’s sure all that glitters is gold and she’s buying a stairway to heaven.”

Related:  Led Zeppelin Copyright Infringement Cards: Collect Them All!

LED ZEPPELIN’s JIMMY PAGE Says ‘Stairway To Heaven’ Copyright Infringement Claim Is ‘Ridiculous’

Also see below: “`Raging Bull’ Decision Breathes New Life Into Late-Breaking Copyright Suits”


Supreme Court Holds that Laches Defense Cannot Bar a Claim for Copyright Infringements Brought Within the Statute of Limitations

Laches?  We don’t need no stinkin’ laches.


`Raging Bull’ Decision Breathes New Life Into Late-Breaking Copyright Suits

“The more typical post-Petrella cases will involve people who thought for decades that their works were stolen, but had decided not to sue, and after time, could not find a lawyer to take the case.  One such claim might involve one of the most famous songs ever.  According to numerous reports, the estate of Randy California, guitarist for 60s band “Spirit,” plans to sue regarding “Stairway to Heaven,” which allegedly took its famous guitar opening from Spirit’s song “Taurus.”  Randy California (who died in 1997) and others knew of the alleged infringement for approximately four decades, but a suit might now be viable.  If the case proceeds, it will do so with the main witness deceased for almost 20 years, many others also missing, and the vast majority of relevant documents destroyed.”


Chicago judge says Lady Gaga did not infringe on copyright in hit song ‘Judas’

“A copyright lawsuit filed by a Chicago musician claiming Lady Gaga’s 2011 hit “Judas” ripped off her work was dismissed in federal court…”


Judge Reminds Vexatious Human Being That Ideas — Even Techno-Dragons With Guns — Are Not Protected By Copyright

“Even terrible people can have their copyright infringed, but even the best people can’t claim that general/universal ideas are somehow solely their property and that anyone else who thinks it would be cool if a dragon carried a gun/lived in the future “stole” their work.”


Copyright Protection: The Best 35 Dollars You’ll Ever Spend

“Authors can visit to register their work online. After creating a user profile, all an author has to do is fill out a brief application form, upload a digital file or representative sample of her work, and pay a $35 nonrefundable processing fee. Alternatively, an author can download a paper application and send in a physical copy of her work for the Copyright Office to review and keep on file.”


Supreme Court urged to hear Jack Kirby copyright appeal by Hollywood unions

“The case … involves the copyrights to the Avengers, the X-Men, the Fantastic Four, Thor and other characters created or co-created by Kirby during his time at Marvel in the 1960s.”


Athletes’ Tattoo Artists File Copyright Suits, Leaving Indelible Mark

That’s All, Folks.


Copyright Expiration on Hitler’s ‘Mein Kampf’ Causes Controversy in Germany

‘Twas my struggle to include this.


‘THR’ Explains Why Jokes Aren’t Always Covered by the Copyright Act

“Although comedians may start with a written work — a script — the performance of the work rarely occurs without deviation. As a result, copyright may not issue because the work of authorship is not “fixed” in the manner necessary to establish a basis for protection.”


EFF to Copyright Office: Fair Use Can Help Fix the Orphan Works Problem

“The orphan works problem is a serious one, and all of our access to our shared cultural heritage. The Copyright Office can and should address the issue—and reinforce our fair use rights in the process.”


Beastie Boys awarded $1.7M in Monster case

“It’s a rap: Beastie Boys have won $1.7 million in a copyright violation case against the maker of Monster Energy drink.”


Music industry joins Dotcom copyright case

“The US government wants to extradite Dotcom, who was arrested in New Zealand on its behalf, so he can face copyright infringement, money laundering and racketeering charges relating to Megaupload.”


“You could be liable for $150k in penalties—settle instead for $20 per song”

“Six years after the US recording industry stopped seeking money from file-sharers, a new

company is now preparing technology that could flood the Internet with “hundreds of millions of notices” to alleged copyright infringers.”


Disney decides to ‘Let It Go’ when it comes to copyright infringement

“The movie studio relaxes its position on fan-created parodies and homages.”

Related: How Disney learned to stop worrying and love copyright infringement


Open Wi-Fi Is Not a CopyCrime: EFF’s Primer on Open Wi-Fi and Copyright

“To be clear, this paper does not offer legal advice specific to the situation of any operator. If you want such advice, we urge you to consult an attorney. But we hope it does help dispel some of the myths about copyright and open Wi-Fi.”


How Much Copyright Protection Should Source Code Get? A New Court Ruling Reshapes The Landscape

“The decision is the latest chapter in a copyright and patent infringement lawsuit filed by Oracle against Google.”


The Connection Between The Copyright Industry And The NSA

“The copyright industry has been continuously and relentlessly pushing for more mass surveillance, including surveillance of citizens who aren’t under any suspicion (“mass surveillance”) for this reason.”


Walmart Suing a Photog’s Widow, Waltons Say They Own the Copyright to His Photos of Their Family

According to the PPA, the lawsuit is over a set of images that the studio’s founder, Robert A. Huff, took of the Walton family before they were the owners of the largest retail chain on planet Earth.”


Another Improvement To The Star Wars ‘New’ Trilogy Torpedoed By Copyright

“While fan-made movie edits aren’t particularly new, they don’t often find themselves getting a ton of attention by the mainstream public. That changed a couple of years ago when Topher Grace, of That 70’s Show fame, decided to try to learn film editing and produced a recut single film of the Star Wars trilogy (episodes 1, 2 and 3) that came out a decade or so ago.”


Beware of Copy, Paste, Infringement!

Related: Share more than 50 million images. It’s easy, legal and free.

Prince and the Copyright Revolution (Part 2)

“As was discussed in part one of this article, a paradigm shift is underway as entertainment companies could soon lose control of some of their most valuable hit songs, bestsellers and other core assets. Thousands of artists — including Tom Petty, Bryan Adams, and Charlie Daniels — have filed notices of termination under the provisions of Section 203 of the Copyright Act of 1976 and are seeking to reclaim the rights to their works. The question is: How will the media industry respond in the face of this turn of events?”


Copyright and Common Sense

“The framers of the constitution sought equilibrium between the rights of the creator and the need to disseminate works publicly. Yet, today copyright has evolved into a system that is mostly focused on maintaining both an artist’s and a corporation’s livelihood at the expense of the public interest.”


Copyright Industry Publishes Data-Free Report Claiming Pirate Sites Will Damage Computers “The report (a summary of which is embedded below) makes a lot of claims, none of them verifiable. Why? Because the irrational fear of piracy led to this stupid decision…”


How Many Times A Day Do You Violate Copyright Laws Without Even Realizing It

‘Nuff said: Interesting video, too.


No, Every Person Does Not Owe The Movie & Music Industry $67 Million, But Copyright Is Still Broken

“…some folks at the Huffington Post have now estimated that every single man, woman and child on earth owes the combined music and movie industries on the order of $67 million. Each. Not cumulatively.”