CBS Report on Moonves Shows Epic Failure of Corporate Governance; The New York Times, December 4, 2018

James B. Stewart, The New York Times; CBS Report on Moonves Shows Epic Failure of Corporate Governance

[Kip Currier: Another example of toxic organizational culture--at multiple levels--that's also a "teachable moment" case study on the need for ethical leadership.

It's also (another) call for action and responsibility by Board members in all kinds of organizations--for profit and non-profit:

If you see (or reasonably suspect) something illicit, illegal, or unethical is occurring within your organization, say something!

You have an ethical duty to act. Not to cover up, turn away your gaze, or enable.

Ask tough questions. Demand answers. Report concerns and observations to outside parties when you can't get answers or information from within.

Do your duty. Do the right thing.

Even if it's hard.]

"As a draft report prepared by CBS’s outside lawyers now makes clear, many of the company’s employees, including high-ranking executives and even members of its board, were aware of the former chief executive Leslie Moonves’s alleged sexual misconduct and subsequent efforts to conceal it.

Yet no one acted to stop him — and the repercussions for that failure are likely to reverberate at CBS for years.

“A culture where this behavior could have gone unchecked for so long with so much knowledge is really troubling,” said Charles M. Elson, an expert on corporate governance at the University of Delaware. “This is a disaster for CBS shareholders. There’s been no other #MeToo incident with this kind of negative impact” on a major American company...

Members of corporate boards, senior executives and even rank-and-file employees have a duty of loyalty — to the company, not its chief executive. They’re required by corporate law, company policy and in many cases their employment contracts to report misconduct to the board."

Can You Copyright Your Dumb Joke? And How Can You Prove It's Yours?; NPR, May 17. 2017

Laurel Wamsley, NPR; 

Can You Copyright Your Dumb Joke? And How Can You Prove It's Yours?

"In 2008, law professors Dotan Oliar and Christopher Sprigman published a paper that explored the norms comics had established to protect their intellectual property: their jokes...

Can you really copyright a dumb joke?

"The question really focuses on originality, and there is no freestanding barrier to copyright extending to a joke on any topic ... so long as that joke meets the fairly minimal requirements for originality," says Perzanowski. "That means it has to demonstrate some low level of creativity and importantly that it not be copied from some other source."

"Copyright will give you protection for this specific arrangement of words," he says, but not for a whole subject matter.

When it comes to topical comedy, he says, the question is whether one can separate an idea (which can't be copyrighted) from its expression (which can).

Judge Sammartino agrees. "[T]here is little doubt that the jokes at issue merit copyright protection," she writes, citing the relevant case law, "noting originality requires only independent creation of a work that 'possess[es] some creative spark, "no matter how crude, humble or obvious" it might be.'"

However, she adds, the jokes here "are similarly constrained by their subject matter and the conventions of the two-line, setup-and-delivery paradigm."

The result is that for O'Brien's jokes to infringe on Kaseberg's copyright, they must be "virtually identical," one step below verbatim."

To Boldly Go Where No Fan Production Has Gone Before; Slate, 7/13/16

Marissa Martinelli, Slate; To Boldly Go Where No Fan Production Has Gone Before:

"The issues at the heart of the Axanar case are complex—in addition to copyright infringement, CBS and Paramount are accusing the Axanar team of profiting from the production by paying themselves salaries, among other things. Abrams, who directed 2009’s Star Trek and 2013’s Star Trek Into Darkness, promised during a fan event back in May that the lawsuit would be going away at the behest of Justin Lin, the Beyond director who has sided, surprisingly, with Axanar over Paramount. But despite Abrams’ promise, the lawsuit rages on, and in the meantime, other Trekkie filmmakers have had to adapt. Federation Rising, the planned sequel to Horizon, pulled the plug before fundraising had even started, and Star Trek: Renegades, the follow-up to Of Gods and Men that raised more than $132,000 on Indiegogo, has dropped all elements of Star Trek from the production and is now just called Renegades. (Amusingly, this transition seems to have involved only slight tweaks, with the Federation becoming the Confederation, Russ’ character Tuvok becoming Kovok, and so on.) Other projects are stuck in limbo, waiting to hear from CBS whether they can boldly go forth with production—or whether this really does spell the end of the golden age of Star Trek fan films.

Axanar may very well have crossed a line, and CBS and Paramount are, of course, entitled to protect their properties. But in the process, they have suffocated, intentionally or otherwise, a robust and long-standing fan-fiction tradition, one that has produced remarkable labors of love like Star Trek Continues, which meticulously recreated the look and feel of the 1960s show, and an hourlong stop-motion film made by a German fan in tribute to Enterprise—a project almost eight years in the making. It’s a tradition that gave us web series like Star Trek: Hidden Frontier, which was exploring same-sex relationships in Star Trek well before the canon was ready to give us a mainstream, openly gay character."