Amicus Briefs Filed in Internet Archive Copyright Case; Publishers Weekly, March 25, 2024

 Andrew Albanese , Publishers Weekly; Amicus Briefs Filed in Internet Archive Copyright Case

"Internet Archive lawyers filed their principal appeal brief on December 15, and 11 amicus briefs were filed in support of the Internet Archive a week later, in December, representing librarians and library associations, authors, public advocacy groups, law professors, and IP scholars, although some of the IA amicus briefs are presented as neutral.

The briefs are the latest development in the long-running copyright infringement case and come a year after a ruling by judge John G. Koeltl on March 24, 2023 that emphatically rejected the IA’s fair use defense, finding the scanning and lending of print library books under a protocol known as “controlled digital lending” to be copyright infringement.

The Internet Archive’s reply brief is now due on April 19, and oral arguments are expected to be set for this fall."

Boom in A.I. Prompts a Test of Copyright Law; The New York Times, December 30, 2023

 J. Edward Moreno , The New York Times; Boom in A.I. Prompts a Test of Copyright Law

"The boom in artificial intelligence tools that draw on troves of content from across the internet has begun to test the bounds of copyright law...

Data is crucial to developing generative A.I. technologies — which can generate text, images and other media on their own — and to the business models of companies doing that work.

“Copyright will be one of the key points that shapes the generative A.I. industry,” said Fred Havemeyer, an analyst at the financial research firm Macquarie.

A central consideration is the “fair use” doctrine in intellectual property law, which allows creators to build upon copyrighted work...

“Ultimately, whether or not this lawsuit ends up shaping copyright law will be determined by whether the suit is really about the future of fair use and copyright, or whether it’s a salvo in a negotiation,” Jane Ginsburg, a professor at Columbia Law School, said of the lawsuit by The Times...

Competition in the A.I. field may boil down to data haves and have-nots...

“Generative A.I. begins and ends with data,” Mr. Havemeyer said."

AI is learning from stolen intellectual property. It needs to stop.; The Washington Post, October 19, 2023

William D. Cohan , The Washington Post; AI is learning from stolen intellectual property. It needs to stop.

"The other day someone sent me the searchable database published by Atlantic magazine of more than 191,000 e-books that have been used to train the generative AI systems being developed by Meta, Bloomberg and others. It turns out that four of my seven books are in the data set, called Books3. Whoa.

Not only did I not give permission for my books to be used to generate AI products, but I also wasn’t even consulted about it. I had no idea this was happening. Neither did my publishers, Penguin Random House (for three of the books) and Macmillan (for the other one). Neither my publishers nor I were compensated for use of my intellectual property. Books3 just scraped the content away for free, with Meta et al. profiting merrily along the way. And Books3 is just one of many pirated collections being used for this purpose...

This is wholly unacceptable behavior. Our books are copyrighted material, not free fodder for wealthy companies to use as they see fit, without permission or compensation. Many, many hours of serious research, creative angst and plain old hard work go into writing and publishing a book, and few writers are compensated like professional athletes, Hollywood actors or Wall Street investment bankers. Stealing our intellectual property hurts." 

Inside The Anti-Ownership Ebook Economy; Library Journal, August 3, 2023

Claire Woodcock  , Library Journal; Inside The Anti-Ownership Ebook Economy

"Most libraries don’t own their own ebooks. This shouldn’t come as a surprise to LJ readers, yet it’s a statement that continues to confound elected officials and administrators who get an astounding amount of say in how much money public and academic libraries are allotted.

This is one of the reasons I, along with my coauthors Sarah Lamdan, Michael Weinberg, and Jason Schultz at the Engelberg Center on Innovation Law & Policy at New York University (NYU) Law, published our recent report, The Anti-Ownership Ebook Economy: How Publishers and Platforms Have Reshaped the Way We Read in the Digital Age. In nearly 60 pages, this report takes a hard look at how license agreements dictate what consumers—both individual and institutional—get to do with their digital book collections."

'Peaky Blinders' creators blast DeSantis for copyright violation in controversial ad; UPI, 7/5/23

Adam Schrader, UPI; 'Peaky Blinders' creators blast DeSantis for copyright violation in controversial ad

"The production team for the hit series Peaky Blinders has ripped Ron DeSantis for copyright violation after the Florida governor used a clip of Cillian Murphy's character in the show without license or permission...

The video, which lasts just over a minute, criticizes Trump for seemingly supporting multiple gay-rights topics, as well as selling "LGBTQ for Trump" shirts, saying he would allow Caitlyn Jenner to use the bathroom at Trump Tower and for celebrating Pride Month in a 2019 tweet. Midway through, the video switches to a meme-filled, music-driven celebration of all the steps DeSantis has made to strip people of their rights in Florida.

The bizarre clip includes several extremely quick shots of Murphy as Thomas Shelby, the fictional boss of a brutal crime family in Britain in the 1920s, smoking a cigarette as if comparing DeSantis' leadership style with that of a criminal."

ChatGPT and Generative AI Are Hits! Can Copyright Law Stop Them?; Bloomberg Law, June 26, 2023

Kirby Ferguson, Bloomberg Law; ChatGPT and Generative AI Are Hits! Can Copyright Law Stop Them?

"Getty Images, a top supplier of visual content for license, has sued two of the leading companies offering generative AI tools. Will intellectual property laws spell doom for the burgeoning generative AI business? We explore the brewing battle over copyright and AI in this video. 

Video features: 

• Riddhi Setty, Bloomberg Law IP reporter
• Ian B. Crosby, Susman Godfrey partner
• Mark A. Lemley, Standford Law School professor of tech and IP law"

Some of Trump’s New NFTs Look Like Photoshops of Google Search Results; PetaPixel, December 16, 2022

 JARON SCHNEIDER, PetaPixel; Some of Trump’s New NFTs Look Like Photoshops of Google Search Results

"After hyping a major announcement, Donald Trump revealed his next major project: NFTs. But reverse image searches of some of the “digital trading cards” revealed them to be edits of clothing easily found in Google search, raising copyright questions...

While these images aren’t what most would consider to be the height of photographic art, they are still photos that are presumably owned by a manufacturer and using images — even e-commerce photos — without permission in this manner brings up copyright questions: it may not be legal, not to mention unethical, to just take photos off web stores, turn them into “art,” and then sell them for $99 each.

Gizmodo says it reached out to the manufacturer of both pieces of clothing to ask if either granted the former U.S. President permission to use their images, but neither immediately responded." 

The Owner Of Seth Green's Stolen Bored Ape Said They Have No Plans To Return It; BuzzFeedNews, May 25, 2022

Sarah Emerson, BuzzFeedNews; The Owner Of Seth Green's Stolen Bored Ape Said They Have No Plans To Return It

"BuzzFeed News reported on Tuesday that the theft of Green’s NFTs could present complications for his forthcoming series, White Horse Tavern, which incorporates characters from the actor’s extensive NFT collection. It’s possible that after losing his Bored Ape to a phishing scam this month, Green also lost his license to commercially adapt the monkey. In what has become something of a hostage scenario, Green has since tried to negotiate the return of what he has called his “kidnapped” ape."

Court Blocks Maryland’s Library E-book Law; Publishers Weekly, February 16, 2022

 Andrew Albanese, Publishers Weekly; Court Blocks Maryland’s Library E-book Law

"In a rebuke to Maryland state legislators, a federal judge has granted the Association of American Publishers’ motion for a preliminary injunction, blocking Maryland officials from enforcing the state's new library e-book law."

Frustrated by vaccine inequity, a South African lab rushes to replicate Moderna’s shot; The Washington Post, November 28, 2021

Lesley Wroughton, The Washington Post ; Frustrated by vaccine inequity, a South African lab rushes to replicate Moderna’s shot

"At the World Trade Organization (WTO), trade ministers had been scheduled to begin meetings Tuesday over a contentious proposal by South Africa and India to temporarily waive intellectual property rights on coronavirus vaccines and therapies or find a way to allow developing countries to access the technologies. The meeting has been postponed because of the omicron variant. No new date has been set...

African countries have historically depended on Western donors and United Nations-backed programs such as the vaccine alliance known as Gavi, a partnership of donors and pharmaceutical companies that buys vaccines at lower prices and makes them available to countries that need them. Covax, a vaccine marketplace that was meant to secure coronavirus inoculations for developing countries, has struggled to access enough supplies during the pandemic...

Moderna has said it will not prosecute those found to be infringing on its covid-related patents during the pandemic, which amounts to an informal waiver, said Marie-Paule Kieny, a French virologist who chairs the U.N.-backed Medicine Patent Pool, which is part of the WHO’s efforts in Africa.

The concern with a waiver, Kieny said, is what happens once the pandemic ends. Any broader waiver agreed on at the WTO talks would likely have a time limit, she said, without a commitment from the drugmakers to enter into licensing agreements.

She said companies should negotiate now with drugmakers such as Moderna to reach formal licensing agreements before the pandemic is over."

The Open COVID Pledge: What Is It and Is It Right for You?; The National Law Review, April 14, 2020

Theresa Rakocy, The National Law Review; The Open COVID Pledge: What Is It and Is It Right for You?

"Enter one possible solution: The Open COVID Pledge. A group of scientists, lawyers, and entrepreneurs developed the Open COVID Pledge to encourage businesses and research facilities to make their intellectual property available for use in the fight against COVID-19. The idea behind the Open COVID Pledge is to allow open sharing of intellectual property and technology to end the pandemic without the need for timely and costly licenses or royalty agreements. The initiative comes at a time when researchers and companies alike are surging ahead with ways to combat and end COVID-19. In its Press Release, the individuals behind the Open COVID Pledge explain that the license is needed because “enabling individuals and organizations across the world to work on solutions together, without impediments, is the quickest way to end this pandemic.”...

As COVID-19 continues to spread worldwide, with the number of new cases each day still increasing in most countries, research and the development of new technologies to combat and eradicate COVID-19 has blossomed. As discussed in an earlier post, countries and companies are looking for ways to contribute, with many now making available and expanding access to their intellectual property. The balance between access and protection of intellectual property, however, is delicate."

Listen to Hundreds of Free Audiobooks, From Classics to Educational Texts; Smithsonian Magazine, April 6, 2020

Theresa Machemer, Smithsonian Magazine; Listen to Hundreds of Free Audiobooks, From Classics to Educational Texts

"With classrooms closed due to COVID-19, millions of students across the United States are venturing into the realm of distance learning. To support these efforts, Amazon’s audiobook service, Audible, has launched an online collection of hundreds of free audiobooks primed for both education and entertainment.

The website doesn’t require a log-in, sign-up or payment information. To peruse Audible’s selection of novels, poetry and fables—from classics to modern favorites—simply click “Start Listening.”...

The Audible Stories website states, “For as long as schools are closed, we’re open.”

This goal is similar to that of the National Emergency Library, which—controversially—makes more than a million free books available for temporary download. Normally, the archive has about 2.5 million public domain books available for download without constraint. An additional 1.4 million copyrighted books are accessible to one reader at a time for a two-week borrowing period.

The Emergency Library removes that one-at-a-time restriction until the end of June, “or the end of the U.S. national emergency, whichever is later,” according to a statement. Backlash from authors and publishers has since framed the collection as internet piracy that violates intellectual property laws, but the campaign still has its fair share of supporters.

Audible’s offerings come without any of these concerns. So, if you enjoy audiobooks, the Audible Stories platform represents a straightforward option that can be enjoyed in conjunction with audiobook downloads offered by public libraries. Apple Books is also highlighting free book options, joining Audible Stories in a growing repertoire of at-home educational content."

Chinese scientists ask for patent on US drug to fight virus; Associated Press, February 6, 2020

Joe McDonald and Linda A. Johnson, Associated Press; Chinese scientists ask for patent on US drug to fight virus

"China has the right under World Trade Organization rules to declare an emergency and compel a company to license a patent to protect the public. It would be required to pay a license fee that is deemed fair market value. 

The government might be able to avoid that fee if the patent were granted to the Wuhan institute, part of the elite Chinese Academy of Sciences. 

The institute said it applied for a “use patent” that specifies the Wuhan virus as the drug’s target. Gilead’s patent application, filed before the virus was identified, cites only the overall family of coronaviruses."

The Washington Post; National Archives says it was wrong to alter images; The Washington Post, January 18, 2020

Steve Thompson and Joe Heim , The Washington Post; National Archives says it was wrong to alter images

 

"Officials at the National Archives on Saturday said they had removed from display an altered photo from the 2017 Women’s March in which signs held by marchers critical of President Trump had been blurred.

 

In tweets on Saturday, the museum apologized and said: “We made a mistake.”

“As the National Archives of the United States, we are and have always been completely committed to preserving our archival holdings, without alteration,” one of the tweets said.

“This photo is not an archival record held by the @usnatarchives, but one we licensed to use as a promotional graphic,” it said in another tweet. “Nonetheless, we were wrong to alter the image.”...

Marchers in the 2017 photograph by Mario Tama of Getty Images were shown carrying a variety of signs, at least four of which were altered by the museum. A placard that proclaimed “God Hates Trump” had Trump blotted out so that it read “God Hates.” A sign that read “Trump & GOP — Hands Off Women” had the word Trump blurred. Signs with messages that referenced women’s anatomy were also digitally altered."

Trump administration sues drugmaker Gilead Sciences over patent on Truvada for HIV prevention; The Washington Post, November 7, 2019

Christopher Rowland, The Washington Post; Trump administration sues drugmaker Gilead Sciences over patent on Truvada for HIV prevention

"The Trump administration took the rare step Wednesday of filing a patent infringement lawsuit against pharmaceutical manufacturer Gilead Sciences over sales of Truvada for HIV prevention, a crucial therapy invented and patented by Centers for Disease Control researchers."

EU approves tougher EU copyright rules in blow to Google, Facebook; Reuters, April 15, 2019

Foo Yun Chee, Reuters; EU approves tougher EU copyright rules in blow to Google, Facebook

"Under the new rules, Google and other online platforms will have to sign licensing agreements with musicians, performers, authors, news publishers and journalists to use their work.

The European Parliament gave a green light last month to a proposal that has pitted Europe’s creative industry against tech companies, internet activists and consumer groups."

Stan Lee Is Dead at 95; Superhero of Marvel Comics; The New York Times, November 12, 2018

Jonathan Kandell and Andy Webster, The New York Times; Stan Lee Is Dead at 95; Superhero of Marvel Comics

"Mr. Lee was often faulted for not adequately acknowledging the contributions of his illustrators, especially Mr. Kirby. Spider-Man became Marvel’s best-known property, but Mr. Ditko, its co-creator, quit Marvel in bitterness in 1966. Mr. Kirby, who visually designed countless characters, left in 1969. Though he reunited with Mr. Lee for a Silver Surfer graphic novel in 1978, their heyday had ended.

 

Many comic fans believe that Mr. Kirby was wrongly deprived of royalties and original artwork in his lifetime, and for years the Kirby estate sought to acquire rights to characters that Mr. Kirby and Mr. Lee had created together. Mr. Kirby’s heirs were long rebuffed in court on the grounds that he had done “work for hire” — in other words, that he had essentially sold his art without expecting royalties.

 

In September 2014, Marvel and the Kirby estate reached a settlement. Mr. Lee and Mr. Kirby now both receive credit on numerous screen productions based on their work."

Open Access at the Movies; Inside Higher Ed, September 10, 2018

Lindsay McKenzie, Inside Higher Ed; Open Access at the Movies

"[Jason] Schmitt's film raises some important questions -- how is it possible that big for-profit publishers, such as Elsevier, have fatter profit margins than some of the biggest corporations in the world? Why can't everyone read all publicly funded research for free?

Discussion of these questions in the film is undoubtedly one-sided. Of around 70 people featured in the film, just a handful work for for-profit publishers like Springer-Nature or the American Association for the Advancement of Science -- and they don't get much screen time. There is also no representative from Elsevier, despite the publisher being the focus of much criticism in the film. This was not for lack of trying, said Schmitt. “I offered Elsevier a five-minute section of the film that they could have full creative control over,” he said. “They turned me down.”

Schmitt said he made Paywall not for academics and scholars but for the general public. He wants people to understand how scholarly publishing works, and why they should care that they can’t access research paid for with their tax dollars."

Copyright vs. Conscience: Lawyering Up Isn’t Always the Right Move; PetaPixel, August 21, 2018

Blair Bunting, PetaPixel; Copyright vs. Conscience: Lawyering Up Isn’t Always the Right Move

"You read stories about photographers going after copyright abuse all the time, and it’s nearly always justified. In this case, I hope you can agree with me that seeking monetary compensation through legal recourse was not the right move. Sometimes you have to step back and remember that this may be a business, but it’s a business that relies on people. Once in a while, you have to remember that everyone featured in a photograph is a human, and as such all deserve compassion.

Rest in peace, Old Man."

Farting unicorn row: artist reaches settlement with Elon Musk; The Guardian, July 21, 2018

Damien Gayle, The Guardian; Farting unicorn row: artist reaches settlement with Elon Musk

"A Colorado artist says he has reached a settlement with Elon Musk after challenging the Tesla tycoon’s use of a farting unicorn motif that he had drawn as an ironic tribute to electric cars.

Musk used the cartoon image on Twitter, without attribution, to promote his Tesla electric car range, and ignored Tom Edwards’ attempts to come to a licensing arrangement, telling the artist’s daughter it would be “kinda lame” to sue."