Home > Blogs

Blogs
  • Hey ... I wrote those lyrics!
    ...a notebook for 39 years documenting your poetry -- you still must prove that the musician received your words (in copyright parlance, that's referred to as "access") and copied them. That seems like an awfully difficult thing to prove. The...--...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • It Doesn't Work for an Intermediary to Own the User
    That line, from a column excoriating Apple for the ongoing disaster that is their App Store, is by Paul Graham. Now it happens that he's talking about software and the ways in which it is not like hardware or like media. And yet it's also...
    by Copyfight
  • Project Iron Quilter
    ...it not to prevent others from putting on their own competition, but more to be certain no one else decides to copyright, trademark, or patent the concept/name and prevent our guild from using it again! Since the concept was inspired by two...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • A Little Light Weekend Reading - Google Books Settlement
    /**/ In case you didn't have enough reading to do this weekend, here are couple of items analyzing the Google Books settlement. First, Fred von Lohmann at EFF just published his third blog entry on the topic. The first piece, very short, points out...
    by Copyfight
  • Reach Out and Infringe Someone: Using Ad Slogans as Chapter Headings
    ...uses versus editorial uses). The Supreme Court has defined "commercial speech" as "speech which ... propose[s] a commercial transaction."Copyright law and fair use. As for using advertising slogans under copyright law, there isn't a...of the...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Major copyright owners, unions urge Congressional support for ACTA
    Major copyright owners, unions, and trade associations have sent a joint letter to Congressional leaders, urging support for the Anti-Counterfeiting Trade Agreement: ACTA Joint Letter The letter, whose signatories include, among others, five of the...
    by Copyrights & Campaigns
  • OECD Confirms Canada Among Lowest Sources Of Counterfeiting
    ...trade is estimated to have increased from 1.85% in 2000 to 1.95% in 2007. That represents an increase to $250 billion worldwide. That is obviously a big number, but notably far lower than the claims from ACTA supporters. Copyright lobby groups...
    by Michael Geist's Blog
  • DMCA (Copyright) Complaint to Google
    DMCA Notices: DMCA (Copyright) Complaint to Google; From: Gulikindileri Web Group To: Google, Inc. [Blogger] Date: 2010-09-20
    by Chilling Effects Clearinghouse Notices
  • Blog DMCA (Copyright) Complaint to Google
    DMCA Notices: Blog DMCA (Copyright) Complaint to Google; From: Paul White To: Google, Inc. [Blogger] Date: 2009-11-09
    by Chilling Effects Clearinghouse Notices
  • Copyright Status Keeps User in Suspense
    Copyright: Copyright Status Keeps User in Suspense; From: Falcon Picture Group To: [redacted] Date: 2009-09-07
    by Chilling Effects Clearinghouse Notices
  • Photograph DMCA (Copyright) Complaint to Google
    DMCA Notices: Photograph DMCA (Copyright) Complaint to Google; From: Norman Jean Roy To: Google, Inc. [Blogger] Date: 2009-11-09
    by Chilling Effects Clearinghouse Notices
  • DMCA (Copyright) Complaint to Google
    DMCA Notices: DMCA (Copyright) Complaint to Google; From: Abhijit Joardar To: Google, Inc. [Blogger] Date: 2009-11-09
    by Chilling Effects Clearinghouse Notices
  • Music DMCA (Copyright) Complaint to Google
    DMCA Notices: Music DMCA (Copyright) Complaint to Google; From: tom fazzini To: Google, Inc. [Blogger] Date: 2009-11-09
    by Chilling Effects Clearinghouse Notices
  • Trademark is Serious Business to Games Workshop
    Copyright: Trademark is Serious Business to Games Workshop; From: Games Workshop Group PLC To: Librarium Online Date: 2009-11-05
    by Chilling Effects Clearinghouse Notices
  • Music DMCA (Copyright) Complaint to Google
    DMCA Notices: Music DMCA (Copyright) Complaint to Google; From: blues! records To: Google, Inc. [Blogger] Date: 2009-11-09
    by Chilling Effects Clearinghouse Notices
  • Images DMCA (Copyright) Complaint to Google
    DMCA Notices: Images DMCA (Copyright) Complaint to Google; From: Ingeborg Mayr To: Google, Inc. [Blogger] Date: 2009-11-09
    by Chilling Effects Clearinghouse Notices
  • Sports DMCA (Copyright) Complaint to Google
    DMCA Notices: Sports DMCA (Copyright) Complaint to Google; From: Premier League To: Google, Inc. [Blogger] Date: 2009-11-09
    by Chilling Effects Clearinghouse Notices
  • DMCA (Copyright) Complaint to Google
    DMCA Notices: DMCA (Copyright) Complaint to Google; From: SilVaz Publishing To: Google, Inc. [Blogger] Date: 2009-11-09
    by Chilling Effects Clearinghouse Notices
  • Software DMCA (Copyright) Complaint to Google
    DMCA Notices: Software DMCA (Copyright) Complaint to Google; From: Wizcode LLC To: Google, Inc. [Blogger] Date: 2009-11-09
    by Chilling Effects Clearinghouse Notices
  • "Veihl'd" Assumptions
    It has been pointed out to me that I may have underestimated the impact of some of Lynn Viehl's hypotheticals in yesterday's Blink. Although the statement she posted is indeed a factual description of her income, the column surrounding it has several...
    by Copyfight
  • MPAA's Glickman seeks Hill support for ACTA
    After weeks of false charges that the Anti-Counterfeiting Trade Agreement currently under negotiation would eliminate "DMCA-style safe harbors" or make it "impossible to run a service like Flickr or YouTube or Blogger," copyright owners are finally...
    by Copyrights & Campaigns
  • Income Breakdown for "Best Selling" Author
    One would think that the authors' positions in publishing, being better than the artists' positions in the recording industry, would lead to somewhat better incomes. No such luck. Rob Beschizza at boingboing pointed to Lynn Viehl's posting of her...
    by Copyfight
  • How Do You Copyright an Educational CD?
    ... " in a circle followed by similar information -- "2009 [Your Friend's Name]." Should she apply for copyright registration? According to the Dear Rich Staff there are benefits for registration but it is not required for copyright protection and is...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Why The Lack of ACTA Transparency Is Not Standard
    ...was allowed to attend without accreditation. The draft texts for the WCT and the WPPT were public, and the U.S. government requested comments on the draft texts, which were available, among other places, from the U.S. Copyright Office. Two other...
    by Michael Geist's Blog
  • Debunking ACTA 'Fear Mongering and Misinformation'
    Canadian IP attorney Barry Sookman has an excellent post debunking what he terms the "fear mongering and misinformation" regarding the Anti-Counterfeiting Trade Agreement, or ACTA. As I and others have previously pointed out, the notion that ACTA (at...
    by Copyrights & Campaigns
  • Court again rejects BlueBeat's 'psycho-acoustic simulation' defense; issues preliminary injunction against sale and streaming of EMI songs
    After receiving additional argument and evidence on BlueBeat.com's "psycho-acoustic simulation" defense, federal judge John Walter today extended his ban on the site's streaming and sale of Beatles and other EMI songs, issuing a preliminary...
    by Copyrights & Campaigns
  • Cognitive Dissonance Writ Large
    Nate Anderson provides extensive coverage of Michael Fricklas's talk at Yale Law. Fricklas is top legal attack dog for Viacom, and the headline on the ars piece highlights the lawyer's admission that the Cartel's jihad against its own customers...
    by Copyfight
  • Will Wayne Dyer Love You If You Infringe?
    ... Many literary guides survive without any hassle but there are also a few copyright cases in which copyright owners have halted "guide" books (Take a look at the Seinfeld and Twin ...that Wayne Dyer has enough love in his heart to forgive you for...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Joint Authors Must Share Profits of Their Derivative Works
    ... ) (Nolan, Mag. J.) Judge Nolan granted in part defendants/counterplaintiffs' motion for summary judgment in this copyright suit. Initially, the Court deemed admitted all of plaintiff's properly supported supplemental statements of...
    by Chicago IP Litigation Blog
  • Copyright Consultation Provides Blueprint for Reform
    ...was the need for Canada to take full advantage of the flexibility within the treaties by granting new protections to the copyright industries while also preserving consumer rights. This was most commonly articulated with the recommendation that...
    by Michael Geist's Blog
  • Cornhole Boards and Pro Sports Logos
    ...we are not affliated with the NFL, MLB and such. What if the logo was custom made to look slightly different? If you buy authorized team decals and resell them, you're not going to run into a problem. That's permitted under the first sale...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Attorneys fee appeal in Lava v Amurao rejected by "summary order"
    In Lava Records v. Amurao, the appeal by Rolando Amurao from a lower court order denying his attorneys fee motion, the Second Circuit has affirmed the order of the lower court by a "summary order" (an order having no precedential effect). The Court...
    by Recording Industry vs The People
  • OHRLP Publishes Compilation of Copyright Consult Submissions
    The Osgoode Hall Review of Law and Policy has published a compilation of copyright consultation submissions in its November 2009 issue.
    by Michael Geist's Blog
  • CopyrightWatch.org Launches
    The EFF has launched CopyrightWatch.org, a new site that collects and monitors copyright laws from around the world.
    by Michael Geist's Blog
  • MindMaster Sends Copyright Complaint to Yahoo
    DMCA Notices: MindMaster Sends Copyright Complaint to Yahoo; From: MindMaster.TV To: Yahoo! Inc. Date: 2009-11-13
    by Chilling Effects Clearinghouse Notices
  • ACTA: time to calm down, and look at the facts
    I'm no expert on international trade negotiations, so I've been reluctant to wade into the (entirely one-sided) "debate" over the Anti-Counterfeiting Trade Agreement, which has recently come under heavy criticism from the copyleft on both procedural...
    by Copyrights & Campaigns
  • Viacom GC speaks on copyright and fair use
    I just came across this very interesting lecture Viacom General Counsel Mike Fricklas recently gave at Yale Law School. Fricklas touches on such issues as why his company views piracy as a threat; what he sees as the biggest current problems (I...
    by Copyrights & Campaigns
  • Who Owns My Blog?
    ... these words. Some other factors that may matter are whether you signed an employment agreement discussing ownership of employee works, or whether your employee handbook at work has rules regarding employee-created works.Trademark and Domain Name...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Correction: Part of Tanya Andersen's class action dismissed by District Court judge
    In Andersen v. Atlantic Recording, Tanya Andersen's abuse-of-process class action, the Court granted the RIAA's motion for partial summary judgment dismissing so much of Ms. Andersen's claims as arise from initiation of an action against her. The...
    by Recording Industry vs The People
  • ACTA Criticism Goes Global
    The mainstream media is picking up on the ACTA issue with a growing number of stories, all of which criticize the secret approach. New articles include: Australia's Sydney Morning Herald masthead editorial - Regulating the Net in the Dark Washington...
    by Michael Geist's Blog
  • Artist Puts Squeeze on Cafepress Shopkeeper
    Copyright: Artist Puts Squeeze on Cafepress Shopkeeper; From: Cafepress.com To: Date: 2006-03-31
    by Chilling Effects Clearinghouse Notices
  • Microsoft Gets Tough with Unauthorized Copies
    Copyright: Microsoft Gets Tough with Unauthorized Copies; From: Microsoft Corporation To: Date: 2007-08-29
    by Chilling Effects Clearinghouse Notices
  • Writer's Final Words Create Literary Executor Dilemma
    ...the Will mean 'indefinitely?' Would my ability to publish the works then be limited to approval of the executors in perpetuity? Or does the copyright follow ownership? Does the reading of "give and bequeath" and possession of property imply that...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Must-See TV: ACTA
    The indefatigable Michael Geist has posted the slides and audio of his "ACTA 101" talk. This is must-see stuff, covering pretty much everything you need to know about ACTA, the Anti-Counterfeiting Trade Agreement that's being negotiated mostly in...
    by Copyfight
  • ISDA Wants No Copies of its Contracts
    Copyright: ISDA Wants No Copies of its Contracts; From: International Swaps and Derivatives Association, Inc. To: Onecle, Inc. Date: 2009-10-05
    by Chilling Effects Clearinghouse Notices
  • Supernova ? What Fair Use Questions Do You Have?
    ...Ashlie Beringer, a litigator at the law firm Gibson Dunn and Crutcher. There are some obvious things about fair use in copyright that are worth discussion - especially with recent issues around the news/journalism/media industry (like Rupert...
    by Rules For The Revolution: The Podcast
  • Letters to the Editor: Who Owns the Rights?
    ... and our task is to reproduce public domain books, documents, etc. A question came up about the definition and copyright status of newspaper's "Letters to the Editor" and what are often defined as "Open Letters." I was wondering whether you... By...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Canadian Labour Congress Adopts New Copyright Policy
    ...contains 14 recommendations including expanding fair dealing, limiting the application of statutory damages, eliminating crown copyright, and linking anti-circumvention legislation to actual infringement. The 14 recommendations: to engage in open...
    by Michael Geist's Blog
  • ACTA Threatens Made-in-Canada Copyright Policy
    ...date, since they conclusively demonstrated that ACTA is fundamentally not a counterfeiting treaty, but rather one focused on copyright. The Internet provisions feature specific requirements on the legal protection for digital locks that extend...
    by Michael Geist's Blog
  • Now THAT's Funny!
    Remember how I said that the EFF weren't being sufficiently sarcastic in covering the Cartel's revelations about PVRs? Right, well, sometimes you do get good sarcastic commentary on the Web and today's helping is dished up by Cory over at boingboing....
    by Copyfight
  • Film Distributors, Indemnity and Struggling Artists
    ... s film for DVD distribution. In the contract he signs with Distributor, Struggling Artist guarantees that he owns all the copyrights to the material he supplies. Distributor takes the masters Struggling Artist gives him and sends them to a...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Global Reactions to ACTA
    ...about the Internet provisions of the Anti-Counterfeiting Trade Agreement continue. Notable articles include: Canada: Still-murky copyright treaty could change web as we use it New Zealand: New Zealand should not sign international piracy...
    by Michael Geist's Blog
  • shows #100 and 101 ? William Patry and Larry Downes ? posted
    ...my staunchest supporter and friend, and without whom I would be far the poorer. Show #100, October 28 is my interview with William Patry, Esq., Senior Copyright Counsel at Google, author of Moral Panics and the Copyright Wars. Bill has written a...
    by Hearsay Culture
  • Chastity Belts and Copyright
    /**/ In my last posting I discussed reviews of the Moral Panics book, and my disappointment with a too-common failure to do much more than a USA Today- type superficial nuggets approach. I thought it might help to give an example. I have chosen the...
    by Moral Panics and the Copyright Wars
  • BlueBeat.com CEO explains 'psycho-acoustic simulation' to LA Times
    Hank Risan, CEO of BlueBeat.com, whose 25-cent downloads and free streams of Beatles and other EMI tunes were shut down Thursday by a federal court, has given an interview to the LA Times in which he attempts to explain his "psycho-acoustic...
    by Copyrights & Campaigns
  • Scribd moves to strike class allegations from copyright suit; warns of potential for 'horrendous, possibly annihilating punishment'
    Scribd.com, the document storage site sued for copyright infringement by an author who alleged that her book was uploaded and displayed without her permission, has responded to the complaint, filing an answer and moving to strike the class...
    by Copyrights & Campaigns
  • Indiana Jonesing
    ...but he will be freshly shaven, and will not chased by stone boulders. Do you think this presents a problem in terms of copyright infringement? Let's make sure we have this correct. You are using the fedora, whip, and leather jacket and you ...a...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • The Leaked ACTA Document
    As the ACTA story begins to capture mainstream media attention (front page of the Ottawa Citizen, coverage from the Washington Post, NZ Herald, the Atlantic, Wired), the press release from the now-concluded Seoul talks should be released shortly...
    by Michael Geist's Blog
  • How Much Public Domain Can You Eat?
    ...books. If I were to use most of the art from these books, would I be infringing on the author's/publisher's copyright? Would it matter if I slightly altered the images by coloring them? Would it matter if I combined their selection of...a...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • Why legal blogs are better than law reviews
    Because you can write sentences like this: Indeed, since the en banc decision was handed down, it seems that every conference and informal gathering in the field eventually morphs into trying to figure out what the majority was smoking opinion means,...
    by Copyrights & Campaigns
  • In An Effort to Prove They Cannot Learn
    ...the Cartel are once again attempting to use law and regulation to control your home entertainment experience. Funny, it seems like just yesterday I was ranting about how they had stupidly misunderstood the value of PVRs. Oh, right, sorry, that was...
    by Copyfight
  • ACTA Negotiations, Day Three: Secret Talks on Transparency
    ... , ACTA is quickly becoming so broadly discredited that it will be nearly impossible to garner public support for the treaty. "The secret copyright treaty" is hardly a selling feature for a treaty that may be dead-on-arrival in the minds of...
    by Michael Geist's Blog
  • Auditor General Wields Crown Copyright To Demand Takedown
    ...public domain. The issue generated some surprise from Industry Minister Tony Clement, who asked for examples about why crown copyright was a problem. This morning, the Auditor General provided a helpful example as her office has sent takedown...
    by Michael Geist's Blog
  • Can You Copyright A Blog?
    ...one reason we posted our raccoon movie is because of this article.) As for your question, hard as it is for some people to believe, you have a copyright once you create the entry. That's right; it's automatic. If someone steals your entry, you...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • ACTA Negotiations, Day Two: What's On Tap
    ...Each Party shall provide for criminal procedures and penalties to be applied, even absent willful trademark counterfeiting or copyright or related rights piracy, at least in cases of knowing trafficking in: (a) counterfeit labels affixed to,...
    by Michael Geist's Blog
  • Revoking Email Posts
    ... Web & Software Development -- explains how to do it.) Another possibility is to hire an attorney to threaten the poster with a lawsuit claiming copyright infringement and invasion of privacy. Is It Worth the Effort? Keep in mind that hiring a...
    by Noloâ?™s Patent, Copyright, and Trademark Blog
  • The ACTA Internet Chapter: Putting the Pieces Together
    ...41 of the TRIPs which focuses on the enforcement of intellectual property. 2. A requirement to establish third-party liability for copyright infringement. 3. Restrictions on limitations to 3rd party liability (ie. limited safe harbour rules for...
    by Michael Geist's Blog
  • Govt Responds To IP Enforcement Criticism, Proposes Changes to Proceeds of Crime Rules
    ...government - received whatever assets could be seized arising from cases of infringement. As the government now notes: Under the Copyright Act, a copyright owner is able, pursuant to section 35 of the Act, to claim damages and profits from...
    by Michael Geist's Blog
  • Oshawa School Trustee Seeks Elimination Of Copyright Fees
    An Oshawa school trustee wants copyright fees eliminated for non-profit school boards in the wake of a new bill for $900,000 in photocopy fees.
    by Michael Geist's Blog
  • Clement on the State of Canadian Copyright Law
    ...is an important interview with Industry Minister Tony Clement. Of particular note is his perspective on the current state of copyright law in Canada. Notwithstanding the persistent fear mongering, Clement gets it absolutely right: "Canada and its...
    by Michael Geist's Blog