66 posts tagged with law and copyright.
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"congress shrugged"

If it weren't for the 1976 Copyright Act, copyright on work would expire after 56 years - which would have meant that Kerouac's On The Road, the original 12 Angry Men, and Elvis's All Shook Up would be public domain by today.
posted by divabat on Dec 31, 2013 - 38 comments

KIMOTA!

Who owns Marvelman? Part I and part II - the concluding chapters of Padraig O Mealoid's epic 16 part history of one of comic's most disputed characters. meanwhile another hole in comics history is about to be filled in as Grant Morrison and Steve Yeowell's Zenith finally gets collected in full.
posted by Artw on Jun 2, 2013 - 15 comments

So how DOES copyright work in space?

Chris Hadfield has captured the world's heart, judging by the 14m YouTube views of his free-fall rendition of David Bowie's "Space Oddity", recorded on the International Space Station (ISS). The Canadian astronaut's clear voice and capable guitar-playing were complemented by his facility in moving around in the microgravity of low-earth orbit. But when the man fell to Earth in a neat and safe descent a few days ago, after a five-month stay in orbit, should he have been greeted by copyright police?
posted by DiesIrae on May 23, 2013 - 58 comments

He's dead, Jim.

To update followers of the Prenda Law porn-trolling copyright lawyers saga, Judge Wright has just issued a catastrophic order [.pdf] imposing sanctions and making criminal referrals, entertainingly littered with Star Trek references.
posted by T.D. Strange on May 6, 2013 - 70 comments

Ownership of your digital works is no longer automatic in the UK

The Enterprise and Regulatory Reform Act changes UK copyright law so that only a "diligent search" for ownership is required before a work is considered "orphaned", and put into extended collective licensing. This is one part of a larger act that is supposed to "modernise the UK’s copyright regime to promote innovation in the design industry, encouraging investment in new products while strengthening copyright protections. " Pundits are comparing this to Instagram's assertion of ownership over its users' works last year.
posted by boo_radley on Apr 29, 2013 - 24 comments

The Atlantic - Benj Edwards

The Copyright Rule We Need to Repeal If We Want to Preserve Our Cultural Heritage
posted by East Manitoba Regional Junior Kabaddi Champion '94 on Mar 15, 2013 - 34 comments

One Nation Under a Court Order

What do the songs The Electric Spanking of War Babies, Uncle Jam, Hardcore Jollies and One Nation Under a Groove all have in common? Well, sure, they were all written (with a collaborator here and there) by Mr. George Clinton. But that's not all they have in common. As of now, the copyright in these booty-shaker workouts does not belong to the legendary P. Funk mastermind, but rather to the law firm of Hendricks and Lewis. Funk Classics Seized to Pay Off $1 Million Debt.
posted by flapjax at midnite on Jan 6, 2013 - 34 comments

By securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

Current copyright law does not merely distort some markets – rather it destroys entire markets. (PDF) [more inside]
posted by dsfan on Nov 17, 2012 - 97 comments

Bad day for Oracle

Following a jury finding that Google had not infiringed upon Oracles patents, a development described as a near disaster for the database company, Judge William Aslup has ruled that the Java APIs cannot be copyrighted. That leaves Oracle with only the 9 lines of rangeCheck code and a handfull of decompiled test files to show for the massivecourt case. CEO Larry Ellison remains confident, claiming that the aquisition of Java creator Sun has still paid for itself.
posted by Artw on Jun 1, 2012 - 45 comments

This FPP © zarq. Do Not Bend, Fold, Spindle or Mutilate. Do Not Taunt Happy Fun Ball.

Kirby Ferguson's fourth and final installment of Everything is a Remix: System Failure has been released. (Also on YouTube.) It covers intellectual property rights, the derivative nature of creativity, patents and copyright. Transcript. [more inside]
posted by zarq on Feb 17, 2012 - 5 comments

So mych depends upon a red London bus.

UK Photographers who compose a picture in a similar way to an existing image [PDF] risk copyright infringement, lawyers have warned following the first court ruling of its kind.
posted by unSane on Jan 26, 2012 - 55 comments

Every one a little lawyer.

“Watching the video I thought that it was wise of Major League Baseball to combine this sort of sentimental moment with mass speculative litigation. It kept brand values strong. I felt strangely grateful that I could have a moment to remember that afternoon. Surprised by the evidence of both copyright violation and father-daughter affection.” —Paul Ford, “Nanolaw with Daughter” [more inside]
posted by kipmanley on May 15, 2011 - 26 comments

It's raining bytes

As Amazon and the RIAA go head to head over the Amazon Cloud Player (esentially Dropbox with streaming) it seems like a good time to recap the turbulent history of the humble MP3, upender of the music industry business model.
posted by Artw on Apr 4, 2011 - 83 comments

Operation Payback is a Bitch

Thousands of broadband customers in the UK have had their personal details uploaded to web, complete with the names of pornographic movies they are alleged to have downloaded. [more inside]
posted by afx237vi on Sep 28, 2010 - 70 comments

Goats on the Roof Trade Dress

Defendant has willfully continued to offer food services from buildings with goats on the roof. [more inside]
posted by chavenet on Sep 17, 2010 - 43 comments

“Clients aren’t deciding whether to pay you so you can send them your product. They’ve already got it.”

The Music-Copyright Enforcers “A few years back, we had Penn, Schoen and Berland, Hillary’s pollster guys, do a study. The idea was, go and find out what Americans really think about copyright. Do songwriters deserve to be paid? Absolutely! The numbers were enormously favorable — like, 85 percent. The poll asked, ‘If there was a party that wasn’t compensating songwriters, do you think that would be wrong?’ And the answer was, ‘Yes!’ So then, everything’s fine, right? Wrong. Because when it came time to ask people to part with their shekels, it was like: ‘Eww. You want me to pay?’ ” [more inside]
posted by availablelight on Aug 9, 2010 - 121 comments

I'll Give You Stars and the Moon but not any sheet music

Theatre composer Jason Robert Brown (bio) tries to explain to a young fan why it’s wrong to download sheet music from the Internet for free. Via.
posted by ThePinkSuperhero on Jun 30, 2010 - 451 comments

The cause of, and solution to, all life's problems

Copyright turns 300: An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, also known as the Statute of Anne, became law on April 10, 1710.
posted by Horace Rumpole on Apr 10, 2010 - 19 comments

Turnabout is FairPlay

Canadian Recording Industry Faces $60 Billion Copyright Infringement Lawsuit. [more inside]
posted by findango on Dec 7, 2009 - 46 comments

Illegal Download =/= Lost Sale

"[A]lthough it is true that someone who copies a digital version of a sound recording has little incentive to purchase the recording through legitimate means, it does not necessarily follow that the downloader would have made a legitimate purchase if the recording had not been available for free," said US District court Judge James P. Jones, in response to the RIAA's request for restitution against the former admin of Elite Torrents, Daniel Dove, who has already been found guilty of conspiracy and felony copyright infringement. [more inside]
posted by Marisa Stole the Precious Thing on Jan 21, 2009 - 110 comments

Who owns your ink?

Can you copyright a tattoo? Yes, you can. But there's more to it. The idea raises a lot of questions and concerns—for the artists, the inked-skin owners, and certain parties seeking to represent or showcase the work. Shortly after Marisa Kakoulas wrote The Tattoo Copyright Controversy guest article, featured at BMEZINE.com, she encountered a small legal battle of her own. [more inside]
posted by iamkimiam on Jul 28, 2008 - 32 comments

copyrite more like copyrong

"Happy Birthday to You" is the best-known and most frequently sung song in the world. Many - including Justice Breyer in his dissent in Eldred v. Ashcroft - have portrayed it as an unoriginal work that is hardly worthy of copyright protection, but nonetheless remains under copyright. Yet close historical scrutiny reveals both of those assumptions to be false. [Full pdf here.] [via] [more inside]
posted by dersins on Jun 19, 2008 - 57 comments

Edward Samuel's Illustrated History of Copyright

Edward Samuel's Illustrated History of Copyright A fascinating illustrated historical tour, looking at how different technologies have shaped how we think about copyright and intellectual property.
posted by carter on Jan 31, 2008 - 4 comments

Canadian Songwriters propose $5 licence fee for P2P

A proposal for the monetization of the file sharing of music from the Songwriters and Recording Artists of Canada. "Most Canadians are aware that the Internet and mobile phone networks have become major sources of music. What they may not know is that songwriters and performers typically receive no compensation of any kind when their music is shared or illegally downloaded... We believe the time has come to put in place a reasonable and unobtrusive system of compensation for creators of music in regard to this popular and growing use of their work."
posted by tranquileye on Jan 29, 2008 - 38 comments

Infringement Nation

Infringement Nation: Copyright Reform and the Law/Norm Gap. [pdf] [more inside]
posted by chunking express on Nov 26, 2007 - 22 comments

I fought Vinderen Elektriske, and won

They stole an image of my son and just had to pay $4000. About a year ago I was surprised when I saw an image of my son in an ad for a shop called “Vinderen Elektriske”, selling electronics.
posted by Ljubljana on Oct 9, 2007 - 73 comments

Challenging the Smithsonian

The non-profit group, Public.resource.org, are challenging the Smithsonian Institution by downloading all 6,288 (mostly) public domain photographs from the very restrictive Smithsonian Images site and reposting them to Flickr. [more: here, here] {via Ramage}
posted by peacay on May 18, 2007 - 25 comments

Down the memory hole

Gonzales pushes plan to criminalize copyright infringement, making it punishable by life imprisonment; to increase wiretaps; and to require Homeland Security to notify the RIAA in certain circumstances. "To meet the global challenges of IP crime." I'd comment on this, but I'm afraid that someone might think I was copying someone else. The Intellectual Property Protection Act (official press release) appeared previously in a speech (2005) and as a draft (2006) - now the Justice department is pushing Congress to bring it forward. [newsfilter]
posted by blacklite on May 15, 2007 - 59 comments

The problem with music, redux.

While Courtney pulled an Albini, Jeff handed out the bread. Are the peasants acting like emperors, or do they still want something shiny, aluminum, plastic, and digital? Debacle or cage, something's got to give (pdf). Alternatively, you can just roll your own.
posted by goodnewsfortheinsane on Feb 4, 2007 - 32 comments

DJ Drama - artists' friend, RIAA foe

Make a mixtape highlighting a young artist, have that artist proclaim his delight about the project on the CD, reignite that artist's career, repeat, then, the RIAA has you arrested for counterfieting. The RIAA continues its vain struggle to understand the new music economy. In the meantime, at least one company gets it, offering DRM-free CD downloads of obscure titles.
posted by caddis on Jan 18, 2007 - 67 comments

U2, Paul McCartney, Pete Townsend Call For New Copyright Law

"U2, Kaiser Chiefs, Maximo Park and about 4,000 other bands have taken out a full page newspaper ad calling for the improvement of British copyright law. " wtf
posted by zouhair on Dec 30, 2006 - 81 comments

Thanks, lawyers!

It's over. YouTube is taking down Daily Show and Colbert Report clips.
posted by mullingitover on Oct 27, 2006 - 86 comments

sunny day...

Ernest and Bertram --short film, formerly one of the best films you can't see after debuting at Sundance in 2002, with Sesame's lawyers then cracking down and forcing it to be pulled--now on youtube.
posted by amberglow on Aug 15, 2006 - 27 comments

They know it when they see it...

Last week US District Court Judge A. Howard Matz ruled against Google and found them to be in copyright violation for thumbnailing images from the soft core magazine/site Perfect10 (NSFW)... more inside
posted by cedar on Feb 27, 2006 - 36 comments

Still crazy after all these years

The RIAA would like to remind you that copying purchased music to your iPod is illegal without first gaining permission from the copyright holder. Thank you.
posted by Protocols of the Elders of Awesome on Feb 16, 2006 - 88 comments

Plagiarism - or web 2.0 in action?

Top Ten Sources takes posts from RSS feeds and aggregates them in full for the public to see. Some take offence; some say it goes beyond expected usage; some call it plagiarism - others say it's legal, that detractors should get a life or are even thinking about investing. Some people don't appear to want their RSS feeds to be aggregated at all. Will this discussion set blogging policy for the future? Or will it block the web 2.0 pipe?
posted by bwerdmuller on Jan 19, 2006 - 50 comments

Columbia Law School Music Plagiarism Project

The Columbia Law School Music Plagiarism Project is a repository of the music industry's most famous copyright infringement cases of the past 100 years. Each case contains links to samples of the original song and the alleged infringer, and there's even a song list for easy browsing. (My favorite: Gilbert O'Sullivan v. Biz Markie).
posted by Saucy Intruder on Dec 17, 2005 - 42 comments

Stand up for your rights-- but wait, what are they?

A new, controversial law making its way through the Finnish parliament is confusing, but its implementation may infringe on already existing Finnish laws of free speech. With decisions set to be made later this week, a demonstration has already been planned for Tuesday. On the other hand, some sources seem to be saying that this new law should present no major issue. Thus, it seems like there's a small amount of confusing legal voodoo going on: while the law wouldn't make it illegal to copy music to MP3 players, it would mean that "the breaking of copy protection for the copying of the content of a sound or video recording for personal use would be prohibited." It looks like no one knows exactly what they want out of this law, or how to interpret it. DMCA, anyone?
posted by taursir on Oct 2, 2005 - 6 comments

Sign The Pledge

Electronic rights in the UK A foundation is being set up in Britain to defend our citizens in digital information matters, in a similar way to the US model. This is scary stuff -- the government is trying to push through a data retention proposal which would make all ISPs and telecos retain communications traffic data for up to three years and there are also moves afoot to criminalise copyright infringement -- approaches which are also gaining support in the EU. So thank goodness people are signing the pledge to support the new British EFF.
posted by feelinglistless on Aug 18, 2005 - 15 comments

SinCity in less than 80 seconds

Illicit downloading is now tantamount to domestic terrorism. I wonder if "CleanPlay" will still censor my illegally downloaded DVDs.
posted by thanatogenous on May 3, 2005 - 47 comments

Open Source Yoga

Copyright a yoga move? If yoga has been around for 5,000 years, can a 21st century businessman claim to own a piece of it? Bikram Choudhury says yes. The Beverly Hills yoga mogul, who popularized his style of yoga and then franchised a chain of studios bearing his name, has long rankled traditionalists, who dislike his tough business tactics and brash outspokenness. Now Choudhury is facing a challenge in a San Francisco courtroom, where a federal judge is hearing arguments in a lawsuit that some legal experts say could define a new frontier in intellectual property. At issue: Can Choudhury take a sequence of two breathing exercises and 26 yoga poses from an ancient Indian practice, copyright it and control how it is practiced? The Open Source Yoga Unity people say he can't. More inside.
posted by matteo on Mar 21, 2005 - 89 comments

Bring on the lawyers, SOM allegedly steals student's design

Thomas Shine, a former Yale student, is suing David Childs for copyright infringement Mr. Childs of Skidmore, Owings & Merrill for copyright infringement over the design of the Freedom Tower located at Ground Zero. Shine alleges in his lawsuit that the proposed Freedom Tower was "strikingly similar" to his "Olympic Tower" design for the proposed 2012 Olympic Games in New York.
posted by plemeljr on Nov 10, 2004 - 21 comments

Canada decides to revamp its Copyright Act

Lobby Now! Alan McLeod, Canadian Lawyer, writes "Make sure you are heard as Canada decides to revamp its Copyright Act." He goes on to encourage Canadians to contact the Heritage Minister and weigh in as the Copyright rules in Canada may be about to change.
posted by stevengarrity on Apr 14, 2004 - 1 comment

Ryan Malcolm knows what's up.

In response to Justice Konrad von Finckenstein ruling that file sharing was legal in Canada (previously discussed here), Federal Heritage Minister Helene Scherrer has stated that "As minister of Canadian Heritage, I will, as quickly as possible, make changes to our copyright law".

The problem is that Canadian copyright law has been going through a slow and thoughtful reformation process. Since the unveiling of A Framework for Copyright Reform in 2001, a lot of progress has been made in updating the laws to reflect the needs and concerns of content producers, and the public domain. Now, however, it seems that all of this work may be bulldozed by Helene Scherrer, who declared her intentions at the Juno Awards last night.
posted by Jairus on Apr 3, 2004 - 11 comments

Government owned by corporations

Vans Stevenson, senior lobbyist for MPAA (the Motion Picture Association of America), was the last to revise a letter California State Attorney General Bill Lockyer is to distribute to other attorney generals. Lockyer is the president of the National Association of Attorneys General. - is your government owned? Lockyer receives thousands in campaign contributions from MPAA, RIAA, and '[via: The Register]..corporate and private donations from the major studios, including The Paramount Pictures Group, Sony Pictures Entertainment Inc., Warner Bros PAC, AOL Time Warner. Senior executives, such as Alan Horn and Howard Welinsky, respectively CEO and senior VP at Warner Brothers..." Adam Eisgrau of P2P United said that "the draft attributed to the attorney general's office contains many significant factual errors, eyebrow-raising metadata, and articulates a very broad expansion in several important respects of product liability and consumer protection law that would have enormous effects..' It's in The NY Times. Slyck has the original document.
posted by giantkicks on Mar 15, 2004 - 3 comments

How I Lost the Big One

How I Lost the Big One Lawrence Lessig on losing Eldred v. Ashcroft: "We had in our Constitution a commitment to free culture. In the case that I fathered, the Supreme Court effectively renounced that commitment. A better lawyer would have made them see differently."
posted by ericost on Mar 3, 2004 - 40 comments

Europeans: Do you want a total war on piracy?

Europe's not-too-modest anti-piracy proposal. If accepted, it means that "not only could a teenager who downloaded a music file be sent to jail under it; so too could managers of the Internet service provider that the teenager happened to use, whether they knew what the teenager was doing or not." The proposal is being spearheaded by French parliamentarian Janelly Fourtou. Coincidentally enough, her husband is the chief executive of Vivendi Universal.
posted by Ljubljana on Oct 19, 2003 - 9 comments

Orrin Hatch, your Big Brother

Senator Orrin Hatch [R-Utah], chairman of the Senate Judiciary Committee, favors legislation allowing copyright holders to remotely destroy the computers of illegal file traders. Hatch, an accompished songwriter in his own right, is quoted as saying that damaging someone's computer "...may be the only way you can teach somebody about copyrights." Apparently the good Senator is forgetting that our legal system is based on the presumption of innocence.
posted by mr_crash_davis on Jun 17, 2003 - 32 comments

Copyright a-go-go

Lessig and the RIAA's Matt Oppenheim This great Q&A between two very well spoken opponents in the copyright wars answers (very clearly) many of the questions that have stemmed from the ongoing erosion of the public domain by copyright law and the degradation of the music industry by file swappers. I was struck by how straight many of the answers were... a fascinating read
posted by dirtylittlemonkey on Jun 12, 2003 - 29 comments

Downward dog

“You can't deny, even if you are a spiritual being, that you are living in a world organized by money." Bikram Choudhury, yoga’s bad boy and proponent of the intense, sweaty version that bears his name, has copyrighted his famous sequences and is suing schools that teach them without his permission. Many adherents of the ancient technique, whose name can be translated as “unity”, are outraged, and are starting to unite against him. The Beverly Hills resident, who calls his style “the only yoga”, says "I have balls like atom bombs, two of them, 100 megatons each. Nobody f*cks with me." (Click through for free Salon day pass)
posted by gottabefunky on Apr 4, 2003 - 28 comments

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