Week of August 11, 2017
Stay informed about all things Copyright with our weekly Copyright News Round Up.
Is Fake News Protected by Copyright?
By Terrica Carrington | Question: Is Fake News Protected by Copyright?
Answer: “Fake news” is a term that’s used a little loosely these days. So, to be specific, this post addresses false information that is presented as fact.
Friday’s Endnotes – 08/11/17
By Copyhype | “Cheerleader Uniform IP Case Ends With Unusual Settlement — Following its defeat in the Supreme Court over the question of whether the visual designs on cheerleader uniforms it was accused of copying were protected by copyright, Star Athletica wanted to push forward with the litigation on alternate grounds. Its insurance company, however, had different ideas, and this week agreed to a settlement with Varsity Brands. Law360_s Bill Donahue has the full story.”
ASMP and Other Visual Artist Groups Intensify Lobbying Efforts as House Judiciary Committee Focuses on Small Claims Copyright Legislation
By Thomas Kennedy | “The House Judiciary Committee is making progress on its plans to pursue a multi-part copyright reform proposal that includes a provision to enact a permanent small claims copyright court. As previously reported, the small claims component is designed to provide photographers and other individual creators plagued by copyright infringements with a viable, cost effective alternative to the burdensome and prohibitively expensive federal court litigation route. ”
York University’s Appeal of the Access Copyright Case: A Further Waste of Public Funds
By Hugh Stephens | “On July 31 York University announced that it would appeal the Federal Court decision that had handed the university a legal rebuff and stern reprimand over its appropriation, without payment, of content from the repertoire of copyright collective Access Copyright. As I noted in an earlier blog, the Federal Court’s decision was a welcome restoration of some balance to copyright in Canada. Now York has appealed. This is unfortunate and a further waste of public funds. The university should have accepted the judgment, revised its procedures, and focussed on the business of educating students with material that respects authors through payment of fair compensation.”
Enough With the Legal Theories About Piracy
By David Newhoff | “When it comes to enterprise-scale piracy, it would be great if those who advocate its existence would just make simple declarations like, “I want free media and don’t care how I get it.” Sure, that would be a childish thing to say, but still less offensive than all the pretense to rationale that accompanies piracy— the absurd legal arguments, the mystical economic analyses, and above all, the lionization of pirate site operators as though they are social revolutionaries in a grand culture war. (Never mind that some pirate sites are verticals for larger criminal enterprises engaged in some pretty horrible activities.) ”
Richard Prince and the Increasingly Permissive Treatment of Infringement
By Kevin Madigan | “Earlier this month, a federal judge in New York denied a motion to dismiss a copyright infringement suit against notorious “Instagram artist” Richard Prince, setting the stage for another transformative fair use showdown. The lawsuit is the latest turn in an ongoing debate— often involving Prince or similar artists— over what qualifies as transformative in the digital age, as more and more artists engage in acts of appropriation with questionable amounts of added expression. And while it appears the District Judge in New York may not subscribe to a broad interpretation of the limits of fair use, a significant win for Prince in the Second Circuit and the seemingly limitless application of the transformative purpose fair use theory represent a continuing slide towards an increasingly permissive approach to copyright infringement. ”
Keep Counterfeits Out of Your Cart: #ShopSafe This Back to School Season
By Kasie Brill | “If you’re a parent on the hunt for the best back-to-school gear, chances are you’re on the lookout for ways to save a few bucks. But you can also save yourself and your family from real dangers if you know how to keep counterfeit goods out of your online shopping cart.
Today, counterfeit and pirated goods represent up to 2.5% of global trade, or as much as $461 billion annually. Counterfeit trade is no longer limited to fake luxury handbags and watches; all kinds of consumer products are faked.”
Copyright Small Claims Proposals Address a Real Need
By David Newhoff | “It’s far easier to disagree with strident antagonists of copyright than it is to disagree with collegial defenders of the law. Attorney Leslie Burns has been a supporter of this blog since its earliest days, and I’ve always appreciated her readership and enthusiasm on social media; but I have to respectfully disagree with a recent blog of hers criticizing proposals to create a small claims system for copyright enforcement. Calling the proposal a “Bad Solution to a Non-Problem,” I worry that her post may cause confusion among the very class of creators a small claim system would be designed to serve.”
Rep. Darrell Issa: It’s Time to Bring Pre-1972 Copyrights Out of the Dark Ages (Guest Column)
By Darrel Issa | “When Sly Stone and Charley Pride received the Lifetime Achievement Award at this year’s Grammy Awards in my home state of California, their place in history was preserved for all time. Unfortunately for them and so many others, their rights to their own work is not.
The moment highlighted a key policy wrinkle hurting many of our legacy artists: Stone and Pride are among those whose works are not subject to federal copyright protection.”
Weekly Round-Up: August 11, 2017
By The Authors Guild | “Our round-up of key news affecting authors. In this week’s edition: how to connect with fans on Goodreads, the Grinch that stole fair use, the #VisibleWomen initiative, and more…
The Grinch that Stole Fair Use?
Thompson Coburn LLP
Following the use of characters from a popular Dr. Seuss story, a new off-Broadway play came under fire recently for claims of copyright infringement. The play, which takes place 43 years after the events of How the Grinch Stole Christmas, is touted as a fair use parody by its creator, and condemned as a blatant example of appropriation for material gain by the beloved author’s estate.”
More Copyright Headlines here.
Photo Credit: Kubkoo/iStock/thinkstock & seb_ra/iStock/thinkstock
Photos edited by: Copyright Alliance