- Jul 2016
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illusionofmore.com illusionofmore.com
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Amazon.com has started allowing Chinese suppliers to sell direct on the site. This has created a problem with counterfeit products, which can be dangerous.
This post suggests that counterfeit physical products are one result of failure to protect intellectual property rights on the Internet. (It looks like a good site for arguments supporting intellectual property rights. It has a podcast.)
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- Jun 2016
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www.steve-wheeler.co.uk www.steve-wheeler.co.uk
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The synthesis of opposing ideas, coupled with the ability to source knowledge freely leads to an infinite number of new combinations, and growth can become exponential.
However, current laws impede growth and prevent progress in science and useful arts.
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- May 2016
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authorservices.taylorandfrancis.com authorservices.taylorandfrancis.com
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50–70 years for a journal article
depending on the country it will be published
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Dear teacher: copyright concerns you
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- Apr 2016
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wiki.surfnet.nl wiki.surfnet.nl
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Encourage researchers not to transfer the copyright on their research outputs before publication.
This statement is more generally applicable than just to TDM. Besides, "Encourage" is too weak a word here, and from a societal perspective, it would be far better if researchers were to retain their copyright (where it applies), but make their copyrightable works available under open licenses that allow publishers to publish the works, and others to use and reuse it.
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- Jan 2016
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Intellectual property law is not a strong motivation in the creation of art, science -- or even business. It tends to hinder progress more than it promotes progress.
The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property<br> Prof. Jessica Silbey
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The prohibition on reporting bugs in systems with DRM makes those bugs last longer, and get exploited harder before they're patched. Last summer, the US Copyright Office collected evidence about DRM interfering with reporting bugs in tractors, cars, medical implants, and critical national infrastructure.
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DRM exists to stop users from doing things they want to do and to stop innovative companies from helping users do things they want to do -- or would want to do, if they had the option. Your cable box, for example, will be designed to stop you from recording your favorite shows for long-term storage and viewing on the go.
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The World Wide Web Consortium (W3C), the nonprofit body that maintains the Web's core standards, made a terrible mistake in 2013: they decided to add DRM
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priceonomics.com priceonomics.com
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The role of Disney in endless extensions of copyright.
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- Dec 2015
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www.techdirt.com www.techdirt.com
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But, I still worry that some of the specific actions used to paint this picture are (1) potentially taken out of context, (2) are presented in a way that likely misrepresents the actual situation and (3) could come back to haunt other online services who are providing perfectly legitimate services.
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www.eff.org www.eff.org
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We feel the pernicious practical effects of lengthy copyright terms every day. For example, a study last year of books on Amazon showed that books published after the critical public domain cut-off date of 1923 are available at a dramatically lower rate than books from even an entire century before. The result is a "missing 20th century" in the history of books.
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www.eff.org www.eff.org
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sensible copyright policies face huge practical barriers, in large part because few are willing to challenge the default assumption of copyright law that every time a copy is made the rightsholder's permission is required. That assumption makes no sense in the digital age, but it's hugely difficult to dislodge
The efforts of publishers and music companies to prohibit "piracy" today are analogous to trying to prohibit the sharing of books, photocopies, records, and mix-tapes in the pre-Internet era.
The world is changing fast. Get used to it. Adapt. Quit trying to alter reality with legislation.
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www.politico.eu www.politico.eu
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Of course, if you take my idea and use it to make money then my business will suffer and I will have less incentive to have ideas in the future. We need a period of protection for ideas to ensure that creators keep coming up with them because they are vital to our culture. It is, more than anything, part of what makes use human. But for exactly that reason protection periods should also be kept as short as possible. Once that period has expired, others should be free to reuse, rethink and remix those concepts and incorporate them into their own ideas.
Copyright laws are of less benefit to creators than to corporations who market their work, giving them a meager share of the profit. If Disney no longer had a lock on material that should be public domain by now, maybe they'd have to employ more creators. And maybe someone else would make a decent Mickey Mouse cartoon -- which I don't think they've done since the 1940s.
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News outlets have seen their content atomized and readers can now get their news from sites that bring together links to articles from a range of sources. Some providers argue that these aggregators should pay for the privilege of linking to them.
This notion of "link copyright" or "link tax" is a shameful example of childish greed. Instead, maybe you should be forced to pay the linker for each visitor who follows a link to your site. No? It's earning you ad revenue and introducing new customers.
If you don't want your content linked:
- don't put it on the Web, or
- put it behind a paywall
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www.techtimes.com www.techtimes.com
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However, a German museum argues that photographs of public domain artworks don't fall under public domain license, because the photographs themselves fall under normal copyright law.
ugh
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medium.com medium.com
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legal changes often lead to negative outcomes. New laws can limit use, introduce new payments or make open licensing incompatible with the given legal system. In such cases, OER advocates need to take a stance in defense of the existing rules.
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not all of the resources needed for education will be openly licensed — for example, modern education requires use of cultural resources that are in copyright and will never be openly licensed. We therefore need good and balanced rules allowing educators acting in the public interest to use these resources.
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the development of OER provides proof for the need of strong user rights in education. By looking at effects of successful OER projects we can describe a future educational reality, in which institutions, educators, and students benefit from a more liberal copyright law. Part of the success of Wikipedia as an education tool is the fact that no one accessing the site, or copying it for students, needs to worry: “Is this legal?”
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- Nov 2015
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Remixing books is popular on services like Wattpad where users write fanfiction inspired by books, celebrities, movies, etc. From a legal perspective, some fanfiction could be seen as copyright or trademark infringement. From a business perspective, the book industry would be smart to learn from the PC gaming business. Instead of fighting over pieces of a shrinking pie, try to grow the pie by getting more people to read and write books.
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test.langsci-press.org test.langsci-press.org
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It appears that this work is not novel.
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www.nytimes.com www.nytimes.com
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the virulent carrier of the patriarchal, colonial, canonical, proprietary, hierarchical and authoritarian values of a past that is no longer with us.
That imposition is not about creation but about "copyrights" and its canonical sense of property that fits that old fashioned liberalism in arts. Creative commons is the best example of how we are trying to become free from those bounds.
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arstechnica.co.uk arstechnica.co.uk
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Every three years, the Librarian of Congress issues new rules on Digital Millennium Copyright Act exemptions. Acting Librarian David Mao, in an order (PDF) released Tuesday, authorized the public to tinker with software in vehicles for "good faith security research" and for "lawful modification." The decision comes in the wake of the Volkswagen scandal, in which the German automaker baked bogus code into its software that enabled the automaker's diesel vehicles to reduce pollutants below acceptable levels during emissions tests.
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- Oct 2015
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www.theatlantic.com www.theatlantic.com
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beyond any tool, company, or institution.
Hmmmm again.
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required by the Americans with Disabilities Act.
Wow again.
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public knowledge
Hmmm...
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software that searches web pages and images were so transformative as to be fair use.
Wow.
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- Jul 2015
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www.collegeart.org www.collegeart.org
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- CAA's long awaited guidelines for the fair use - reuse - of images within publications.
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dismagazine.com dismagazine.com
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Both of these works, she says, specifically sought a lawsuit from the estate of Margaret Mitchell.
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- Apr 2015
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copyright.gov copyright.gov
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Co nsequently, circumvention of the above TPMs for purposes of “per sonalization, modification, or other improv ement” is likely to encourage the unauthorized reproduction, distribution, and use of copyrighted software and content.
I'm thinking there are easier ways.
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- Jun 2014
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dx.doi.org dx.doi.org
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Anna von Veh
Other articles on fanfiction and publishing by Anna von Veh
von Veh, Anna. 12 June 2012. What Can Trade Publishers Learn from Fanfiction?. Publishing Perspectives. von Veh, Anna. 12 October 2012. Why Fanfics are Like Startups. Publishing Perspectives. von Veh, Anna. 25 June 2013. Kindle Worlds: Bringing Fanfiction Into Line But Not Online?.
Interviews
Lenz, Daniel. 31 May 2013. Anna von Veh über Perspektiven der „Kindle Worlds“. buchreport. Molinari, E, Draghi E. 11 February 2014. Anna von Veh: «Ecco perchè le fanfiction sono il prossimo business model per l'editoria»Giornale della Libreria. Frossard, Flavia. 29 January 2014. Digital Publishing Market and FanFiction – An Interview with Anna Von Veh. Widbook blog. Webb, Jen. 3 October 2011. The agile upside of XML. Interview with Anna von Veh and Mike McNamara. O'Reilly Tools of Change for Publishing.
Articles and posts on tech/art in publishing
von Veh, Anna. 10 May 2012. Let’s Improvise! Jazz as a Metaphor for Publishing Progress. Publishing Perspectives. von Veh, Anna. Musings on Digital: a collection of blog posts
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- Feb 2014
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subsol.c3.hu subsol.c3.hu
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The dissidents of intellectual property have had a rich history among avant-garde artists, zine producers, radical musicians, and the subcultural fringe. Today the fight against intellectual property is being led by lawyers, professors and members of government. Not only is the social strata of the leading players very different, which in itself might not be such an important detail, but the framework of the struggle against intellectual property has completely changed. Before law professors like Lawrence Lessig became interested in IP, the discourse among dissidents was against any ownership of the commons, intellectual or physical. Now center stage is occupied by supporters of property and economic privilege. The argument is no longer that the author is a fiction and that property is theft, but that intellectual property law needs to be restrained and reformed because it now infringes upon the rights of creators.
would like to know more about the dissidents. well said
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Romanticism was born as a contradictory response to these developments. It was an opposition to capitalism, but one expressed through the language of private property and the assumptions inherited from the philosophical discourse that legitimated capitalism’s mode of production. Romanticism denounced the alienation and loss of independence spawned by industrial production and market relations, and portrayed the artist in heroic opposition to the drive for profit.
reminds of "NC" contradiction
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Ideas are viral, they couple with other ideas, change shape, and migrate into unfamiliar territories. The intellectual property regime restricts the promiscuity of ideas and traps them in artificial enclosures, extracting exclusive benefits from their ownership and control. Intellectual property is fraud - a legal privilege to falsely represent oneself as the sole “owner” of an idea, expression or technique and to charge a tax to all who want to perceive, express or apply this “property” in their own production. It is not plagiarism that dispossesses an “owner” of the use of an idea; it is intellectual property, backed by the invasive violence of the state, that dispossesses everyone else from using their common culture. The basis for this dispossession is the legal fiction of the author as a sovereign individual who creates original works out of the wellspring of his imagination and thus has a natural and exclusive right to ownership. Foucault unmasked authorship as a functional principle that impedes the free circulation, the free manipulation, the free composition, decomposition, and recomposition of knowledge. The author-function represents a form of despotism over the proliferation of ideas. The effects of this despotism, and of the system of intellectual property that it shelters and preserves, is that it robs us of our cultural memory, censors our words, and chains our imagination to the law.
a+
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And yet artists continue to be flattered by their association with this myth of the creative genius, turning a blind eye to how it is used to justify their exploitation and expand the privilege of the property owning elite. Copyright pits author against author in a war of competition for originality – its effects are not only economic, it also naturalizes a certain process of knowledge production, delegitimates the notion of a common culture, and cripples social relations. Artists are not encouraged to share their thoughts, expressions and works or to contribute to a common pool of creativity. Instead, they jealously guard their “property” from others, who they view as potential competitors, spies and thieves lying in wait to snatch and defile their original ideas. This is a vision of the art world created in capitalism’s own image, whose ultimate aim is to make it possible for corporations to appropriate the alienated products of its intellectual workers.
a+
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a widespread consensus that copyright has been perverted into a tool that benefits corporations rather than the authors for whom it was originally intended. But no such golden age of copyright exists. Copyright has always been a legal tool that coupled texts to the names of authors in order to transform ideas into commodities and turn a profit for the owners of capital.
well said
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cyber.law.harvard.edu cyber.law.harvard.edu
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The fourth of the theories is as yet the least influential but seems to be gaining strength. Its key ideas are that human nature causes people to flourish more under some conditions than under others, and that social and political institutions should be organized to facilitate that flourishing. What, more specifically, are the conditions or “functionings” that enable people to flourish?
- Life
- Health
- Bodily integrity – protection against physical hazards and against physical and sexual assault
- Autonomy – in the sense of the ability to choose freely one’s vocations and avocations
- Competence – the ability to confront and solve problems
- Engagement – active involvement in professional and leisure activity, as opposed to passive consumption of goods and services
- Self-expression – the ability to speak one’s mind and express one’s creative impulses
- Relationships – participation in freely chosen communities
- Privacy – access to zones of intimacy in which relationships can be nurtured and identity developed
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s3.amazonaws.com s3.amazonaws.com
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On one hand, there are infinite ideas, and so the taking of one idea as private property clearly leaves “enough,” and debatably “as good” for others (Locke, INTELLECTUAL PROPERTY: POLICY FOR INNOVATION 8 1690, Chap. V, Sect. 27).
This statement seems to me a stretch-- a very far stretch.
What does it mean to have "infinite ideas"? And how do you arrive at the judgments "enough" and "as good" here?
Ideas don't exist in isolation; they are not individual fruits to be plucked from the world of thought. Ideas are built upon other ideas. They are embedded within each other, juxtaposed one next to the other, stacked, remixed; varied one from the other, sometimes as a derivation, sometimes an inspiration.
And in the face of this, what is the notion of "creation"? Given a certain base of knowledge, there are some natural next steps that can be built from those basic building blocks.
Here we have to disentangle the notion of discovery from creation. I think maybe that, in part, is the notion of patents vs copyright, but in the land of software we seem to have a tangled mess.
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Unlike in copyright law, where derivative works require authorization, new inventions can incorporate prior inventions wit hout permission — in these cases, the patents are independent of each other (the patent of one inventor does not give him or her any rights over the patent of the other inventor).
Copyright law requires authorization for derivative works, but under patent law new inventions can incorporate prior inventions without permission.
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U.S. intellectual property law originates (as law) from the Constitution: Article I, Section 8, Clause 8 of the Constitution makes copyright and patent law possible (“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their INTELLECTUAL PROPERTY: POLICY FOR INNOVATION 4 respective Writings and Discoveries”) ,
Article I, Section 8, Clause 8 makes copyright and patent law possible.
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First, the popularization of the Internet upset the copyright paradigm and led to vigorous public and governmental lobbying by copyright holders in the face of rampant infringem ent.
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Keywords : anticommons, copyright, intellectual property, Lockean Proviso, patent, property rights, state of nature, trademark, utilitarian theory
Tags
- question
- patents
- discovery
- Fairness Theory
- property rights
- state of nature
- creativity
- copyright paradigm
- infinite ideas
- copyx
- Lockean Proviso
- trademark
- judgments
- differences
- challenge
- authorization
- disruption
- origin
- Internet
- musings
- rampant infringement
- patent
- copyright
- US intellectual property law
- Constitution
- utilitarian theory
- anticommons
- intellectual property
- permission
- global context
Annotators
URL
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www.nature.com www.nature.com
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National governments are also weighing in on the issue. The UK government aims this April to make text-mining for non-commercial purposes exempt from copyright, allowing academics to mine any content they have paid for.
UK government intervening to make text-mining for non-commercial purposes exempt from copyright.
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“Our plan is just to wait for the copyright exemption to come into law in the United Kingdom so we can do our own content-mining our own way, on our own platform, with our own tools,” says Mounce. “Our project plans to mine Elsevier’s content, but we neither want nor need the restricted service they are announcing here.”
This seems to be a sensible move rather than be hindered not by copyright, but by the onerous contract that Elsevier wants to put in place.
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cyber.law.harvard.edu cyber.law.harvard.edu
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SUPREME COURT OF THE UNITED STATES _________________ No. 11 – 697
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These rights are quali- fied, however, by the application of various limitations set forth in the next several sections of the Act, §§107 through 122. Those sections, typically entitled “Limitations on exclusive rights,” include, for example, the principle of “fair use” (§107), permission for limited library archival reproduction, (§108), and the doctrine at issue here, the “first sale” doctrine (§109)
- §107 - the principle of “fair use”
- §108 - permission for limited library archival reproduction
- §109 - the “first sale” doctrine
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Section 106 of the Copyright Act grants “the owner of copyright under this title” certain “exclusive rights,” including the right “to distribute copies . . . of the copy- righted work to th e public by sale or other transfer of ownership.” 17 U. S. C. §106(3)
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cyber.law.harvard.edu cyber.law.harvard.edu
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i t i s b e y o n d d i s p u t e t h a t c o m p i l a t i o n s o f f a c t s a r e w i t h i n t h e s u b j e c t m a t t e r o f c o p y r i g h t . C o m p i l a t i o n s w e r e e x p r e s s l y m e n t i o n e d i n t h e C o p y r i g h t A c t o f 1 9 0 9 , a n d a g a i n i n t h e C o p y r i g h t A c t o f 1 9 7 6
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T h i s c a s e r e q u i r e s u s t o c l a r i f y t h e e x t e n t o f c o p y r i g h t p r o t e c t i o n a v a i l a b l e t o t e l e p h o n e d i r e c t o r y w h i t e p a g e s
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blogs.law.harvard.edu blogs.law.harvard.edu
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Alexander v. Haley, 460 F.Supp. 40 (S.D.N.Y. 1978)
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- Nov 2013
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williepeacock.com williepeacock.com
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your use of the Website will not infringe or misappropriate the intellectual property rights of any third party
Once again, Automattic is asking for your assurances that any content you post on your WordPress site either belongs to you or was posted with the permission of the owner.
See the “Indemnification," "Copyright Infringement," and “Termination” sections to learn about what could happen if you violate this part of the agreement.
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- Oct 2013
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www.washingtonpost.com www.washingtonpost.com
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The copyright extension Clinton signed will expire in five years. Copyright holders like the Disney Corp. and the Gershwin estate have a strong incentive to try to extend copyright extension yet further into the future. But with the emergence of the Internet as a political organizing tool, opponents of copyright extension will be much better prepared. The question for the coming legislative battle on copyright is who will prevail: those who would profit from continuing to lock up the great works of the 20th century, or those who believe Bugs Bunny should be as freely available for reuse as Little Red Riding Hood.
I just encountered the rootstrikers.org petition to stop the CTEA renewal (http://www.rootstrikers.org/#!/project/stop-ctea), making me wonder what's up with the Act, exactly. A quick Google search landed me on this WP story -- and this is a nice little paragraph summary of the current state of affairs.
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