Intellectual Property

Intellectual Property

A new kind of pirated books

A shiny new $100 book features the contents of an art blog, including interviews with assorted illustrators and reproductions of their work. The book publishers, however, have no affiliation with the blog nor the artists. They simply "scraped" and printed the work. And, of course, are not sharing the proceeds.

BBC wins battle over Dalek book

A BBC book about Doctor Who's legendary foes the Daleks has been cleared of infringing copyright in London.

The case was brought by publishers JHP, who printed four books with stories by Dalek creator Terry Nation in the 60s.

Harry Potter case illustrates blurry line in copyright law

In short, by deciding to sell his material, Vander Ark was stepping across a line. He was no longer just an enthusiastic fan, but a professional and potential competitor — fair game for the lawyers.

The question now for the courts is whether the lexicon itself violates copyright law, and the decision may not be easy.

U.S. rules allow for the "fair use" of copyrighted material in unauthorized works, but there are limits. Journalists may quote from films and books when writing a review. Scholars can use excerpts from a novel while penning an author's biography.

Trial Over Potter Lexicon Ends With an Olive Branch

J. K. Rowling held out an olive branch on Wednesday to the Harry Potter look-alike who wants to publish a guide to her books and whose publisher she is suing for copyright infringement.

Ms. Rowling seemed clearly wounded after the previous day’s testimony by the writer of the guide, Steven Jan Vander Ark. Mr. Vander Ark broke into sobs on the witness stand Tuesday as he said that he had once been one of her biggest fans, but now felt cast out of the “Harry Potter community” by her lawsuit.

Ms. Rowling told the judge in Federal District Court in Manhattan that she had been misunderstood. Mr. Vander Ark watched from the back of the room as the trial drew to a close.

Full story in the New York Times.

Publishers Sue Georgia State on Digital Reading Matter

Article in the New York Times: Three prominent academic publishers are suing Georgia State University, contending that the school is violating copyright laws by providing course reading material to students in digital format without seeking permission from the publishers or paying licensing fees.

In a complaint filed Tuesday in United States District Court in Atlanta, the publishers — Cambridge University Press, Oxford University Press and Sage Publications — sued four university officials, asserting “systematic, widespread and unauthorized copying and distribution of a vast amount of copyrighted works” by Georgia State, which the university distributes through its Web site

Full article here.

Copyright in today's world

This is a podcast from the "Real Deal," where they discuss copyright with Colette Vogele, attorney, Fellow at Stanford's Center for Internet and Society. They discuss some of the concerns people have over copyright in today's world with the internet, downloads, mashups, etc.

Is There A Counter-Reformation Movement Afoot in the World of Copyright?

William Patry, Senior Copyright Counsel at Google thinks so... Slashdot pointed the way to a Post From ARS Technica that points the way to The Patry Copyright Blog where you can read about William Patry's ideas on a counter-reformation movement afoot in the world of copyright. The purpose of the movement is to chill the willingness of countries to enact fair use or liberal fair dealing provisions designed to genuinely further innovation and creativity, rather than, as is currently the case, merely to give lip service to those concepts as the scope of copyright is expanded to were-rabbit size.

He says The counter-reformation movement is presently at the stage of a whispering campaign, in which ministries in countries are told that fair use (and by extension possible liberal fair dealing provisions) violate the "three-step" test.

Sir Walter Scott would have welcomed wider access to his work in digital era

An issue has emerged over access to a series of unpublished and incomplete manuscripts by Sir Walter Scott held at five US and UK universities and public libraries. For UK band Radiohead, issues arose last autumn concerning the release of their new album, In Rainbows, with fans paying as much, or little, as they wished.

The delicate balance of relationships between creators, rights holders and, above all, consumers is changing and similar tectonic shifts are starting to take place in the academic world. The impact will be felt by everyone involved in the stewardship of the arts and sciences.

Internet book piracy will drive authors to stop writing

Book piracy on the internet will ultimately drive authors to stop writing unless radical methods are devised to compensate them for lost sales.

This is the bleak forecast of the Society of Authors, which represents more than 8,500 professional writers in the UK and believes that the havoc caused to the music business by illegal downloading is beginning to envelop the book trade.

Tracy Chevalier, the author of Girl with a Pearl Earring who also chairs the London-based organisation, said that her members were deeply concerned that the publishing industry was failing to adapt to the digital age.

Rowling 'deeply troubled' by unauthorised book

Pity Poor J.K. Rowling... “I am deeply troubled by the portrayal of my efforts to protect and preserve the copyrights I have been granted in the Harry Potter books,” she wrote in court papers filed against the publisher, RDR Books. Ark is editor of a website containing a fan-created collection of essays and encyclopaedic material on the Potter universe, including lists of spells and potions found in the books, a catalogue of magical creatures and a who’s who in the wizarding world.

“Authors everywhere will be forced to protect their creations much more rigorously, which could mean denying well-meaning fans permission to pursue legitimate creative activities. I find it devastating to contemplate the possibility of such a severe alteration of author-fan relations.”

Free! Why $0.00 Is the Future of Business

Article in by Chris Anderson called "Free! Why $0.00 Is the Future of Business". I was initially skeptical about the article but after reading it I found several ideas that librarians should think about. For example Stewart Brand is quoted in the article: "Information wants to be free. Information also wants to be expensive ... That tension will not go away."

How can libraries use the ideas presented by this article? What impact will the ideas in this article have on libraries?

"Intellectual property" is a silly euphemism

Cory Doctorow says "Intellectual property" is one of those ideologically loaded terms that can cause an argument just by being uttered. Fundamentally, the stuff we call "intellectual property" is just knowledge - ideas, words, tunes, blueprints, identifiers, secrets, databases. This stuff is similar to property in some ways: it can be valuable, and sometimes you need to invest a lot of money and labour into its development to realise that value.

Tolkien's family threatens to block new Hobbit film

The heirs to J. R. R. Tolkien are threatening to block the much-awaited film of The Hobbit over claims that they have not received a share of the $6 billion that the films and DVDs of The Lord of the Rings and related products have taken worldwide.

The two-film prequel to the trilogy faces this obstacle only weeks after New Line Cinema came close to losing the involvement of Peter Jackson, who directed The Lord of the Rings.

Tolkien’s children, Christopher Reuel Tolkien and Priscilla Mary Anne Reuel Tolkien, on behalf of The Tolkien Trust, are involved in the legal action that seeks more than $150 million (£77 million) in compensatory damages from New Line, as well as punitive damages, and a declaration from the court that the plaintiffs have a right to terminate any further rights to the Tolkien works, including The Hobbit.

Full story here.

Court Says You Can Copyright A Cease-And-Desist Letter

Back in October, we wrote about a law firm that was claiming a copyright on the cease-and-desist letters it sent out, and insisting that it was a violation to repost them. It's long been believed that cease-and-desist letters that have no new creative expression and are merely boilerplates are likely not covered by copyright. On top of that, preventing someone from copying a cease-and-desist letter or posting it on their own website seems like a pretty severe First Amendment violation. The group Public Citizen hit back against this law firm's claims, but surprisingly, a judge has now agreed that you can copyright cease-and-desist letters.

Story continued here.

Can’t Tell a Book by Its Cover, or Even Its Title, It Turns Out

When Missy Chase Lapine, author of the cookbook “The Sneaky Chef” that suggests ways to hide fruit and vegetables in dishes for finicky children, was angered by the publication of “Deceptively Delicious,” a similar book by Jessica Seinfeld (a k a Mrs. Jerry Seinfeld), she had recourse. This month, she sued for copyright infringement and defamation.

But when Raymond Sokolov, the restaurant columnist for The Wall Street Journal, saw that a new food book was coming out with the same title as the cookbook he had published more than 30 years ago, all he could do was stew because book titles cannot be copyrighted.

Article continued here.

Librarian: Ohio State Professors Need Copyright Refresher

A Short Little Post from quotes one of my favorite librarians, Trisha Davis. She made the remark while discussing the challenges Ohio State faced in building an institutional repository. The university has over 21,000 articles — including conference papers, teaching materials, photographs, and multimedia works — in the archive.

Faculty members will submit research papers to the repository often unaware that they have signed away the rights to their work to a journal publisher, Ms. Davis said. “They are stunned that they have not retained the copyrights,” she said. “They’re vehemently adamant” that they still have rights to the work.

Is Copy Protection Needed or Futile?

The New York Times has a debate about copyright issues and technology between Rick Cotton, the general counsel of NBC Universal, and Tim Wu, a professor at Columbia Law School.

Monday’s Question
Should creators insist on technology that will restrict the copying and transmission of copyrighted works? Any lock can eventually be picked. Do these restrictions provide speed bumps to help keep honest people honest? Or do they create a permanent war between creators and users that may hurt everyone?

Read the full debate here.

Romance Blog Suggests Romance Writer’s Plagiarism; Signet Says It’s Fair Use

Veteran romance novelist Cassie Edwards is revered by her fans for her meticulous research when writing books. From Savage Torment to Savage Sunrise, her books (of which there are more than 100, published by Dorchester/Leisure Books, Signet, Harlequin and other houses) have detailed descriptions of Native American religion, weaponry, cuisine and other subjects. But this week, the romance review blog Smart Bitches Who Love Trashy Books called attention to some striking similarities and, in some cases, verbatim passages, between Edwards’s works and a number of nonfiction books about Native American history and customs. Signet, however, is standing by the author. Story continued at Publisher's Weekly

Canadian Library Association Speaks Our About Copyright

The Canadian Library Association/Association canadienne des bibliothèques today held a press conference on Parliament Hill to outline the concerns of of over 21 million library users and member of the library community about pending copyright legislation. More info at: <a href=""></a>

Canadian Songwriters Ask for $5 tax on Internet Connections

Canadian Song writers are asking that a $5 per month tax be added to all Internet and wireless connections to compensate for loss revenue. The Songwriters Association of Canada claims this should adequately cover losses they have encountered while permitting users seemingly unfettered access to most music. <a href="">See full story here</a>.


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