Copyrights & Intellectual Property

Copyright and Academic Libraries

Back when I was looking things up for my Digital Preservation and Copyright story I found a bunch of info the University of Texas System had gathered on issues related to copyright, libraries, and education. In among the pages on copying copyrighted works, A/V reserves, and electronic reserves I found a document titled: Educational Fair Use Guidelines for Digital Images.

It’s some interesting stuff — if you get excited about copyright law. Beware, however, that they cite Texaco a bunch, and Laura Quilter has issues with that.

DRM = Customer Lock-In

Donna Wentworth is now saying what I’ve been saying for over a year now. Digital Rights Management (DRM) isn’t about preventing copyright violations by ne’er-do-wells, it’s about eliminating legal me2me fair use and locking in customers. In Your PC == A Toaster, Wentworth quotes Don Marti saying: Isn’t it time to drop the polite fiction […] » about 300 words

Digital Preservation and Copyright

We’re struggling with the question of what to do with our collection of vinyl recordings. They’re deteriorating, and we’re finding it increasingly difficult to keep the playback equipment in working order — the record needles seem to disappear. We’re re-purchased much of our collection on CD, but some items — this one might be one […] » about 300 words

Jimmy Wales’ Free Culture Manifesto

Jimmy Wales, the founder of Wikipedia and director of the Wikimedia Foundation, is working on his keynote for the Wikimania conference in Frankfurt. Ross Mayfield at Many2Many posted a preview and gives some background. What should we expect? Wales’ speech touches on ten things necessary for Free Culture:

  • Free the Encyclopedia!
  • Free the Dictionary!
  • Free the Curriculum!
  • Free the Music!
  • Free the Art!
  • Free the File Formats!
  • Free the Maps!
  • Free the Product Identifiers!
  • Free the TV Listings!
  • Free the Communities!

Mayfield offers more description of each item, go read it.

DRM: Bad For Customers, Bad For Publishers

The news came out last week that the biggest music consumers — the ones throwing down cash for music — are also the biggest music sharers. Alan Wexblat at Copyfight says simply: “those who share, care” (BBC link via TeleRead). Rather than taking legal action against downloaders, the music industry needs to entice them to […] » about 600 words

Put A Pepper In Your Library

Libraries are known for books. And despite the constant march of technology, despite the fact that we can put a bazillion songs in our pocket, despite the availability of the New York Times and so many other newspapers and thousands of journals online, books are a big part of what libraries are. Books, dead tree […] » about 600 words

Peerflix

Ross Rubin at Engadget just alerted me to Peerflix

…which can be described on a basic level as eBay meets Netflix. Peerflix resembles many online DVD stores, but it neither rents nor sells DVDs. Rather, it depends on a community of users willing to trade DVDs they have for DVDs they want. There are no subscription fees. Peerflix charges a 99-cent transaction fee and senders are responsible for the postage charge of 37 cents for the mailers that the company distributes. Behold the $1.36 DVD.

The Failures Of Permission Culture

Donna Wentworth, over at Copyfight pointed out a JD Lasica piece detailing the responses from seven studios to his requests to use short (10-30 seconds) clips of their films in a non-commercial project he was working on with his child. …four of the studios refused outright, two refused to respond, and the seventh wobbled. This […] » about 300 words

Jenny’s DRM Scourge

Jenny Levine, over at The Shifted Librarian, is telling the latest chapter in her long-running struggle with DRM. Now, I’ve installed a lot of Windows software in my day, so I feel pretty confident in my ability to double-click on an installation file. However, when I try to install [Yahoo Music Engine], I get three […] » about 300 words

Professionals Don’t Use Ofoto Or Wal Mart Photo Services

At least that’s the only thing a person can conclude from the stories at Copyfight earlier this week. This post reports on two stories where the photo services concluded that the photos to be printed were too good to have come from an average customer. Upon trying to order prints of her child, one Ofoto user found the following:

Your order has been cancelled because it appears your order contains one of the following… 1. Professional images.

And Wal Mart told another mother:

We can’t release the pictures to you without a copyright release form signed by the photographer.

At least Ofoto gave the mother the opportunity to sign an affidavit warranting that she was the photographer or had permission from the copyright owner. Wal Mart wouldn’t even accept that.

So, like I noted in the headline: Professionals apparently don’t use Ofoto or Wal Mart. I wonder if they promote that as a selling point…

Seltzer’s post notes the new copyright warning that Canon is putting in their camera manuals and the trouble{#157&mode=thread&order=0&thold=0} that the developers of the open-source Gallery image management software project found themselves in recently.

What?

I’m not sure what to think about Steve J’s WWDC announcement (video stream) of Apple’s switch to x86 processors. Coverage at MacNN, Mac Rumors, Ars Technica, etc. I’m not sure, but it would be easier to take if I wasn’t the only one who saw conspiracy in it. Does this relate to Intel’s recent shoehorning of DRM onto the CPU?

It wasn’t long ago that I was praising Apple for making devices that served the remix world that exists in the void between fair use and copyright infringement, but moves since then have concerned me. I live with iTunes DRM, but can I tolerate DRM throughout the OS all the way down to the hardware? Can I tolerate something that eliminates the (entirely legal) me2me sharing that I expect (and is revered in the analog world)?

Anyway, there’s some mixed news about PPC on X86 emulation that will be part of the next OS release, and I expect the jabbering about the effect of this announcement will last all summer. Here’s some now from MacNN, and PowerPage{#14641}. And here’s something I can laugh at.

On The Media Does Copyright Issue

I had just sat down to post a note about an interview with J.D. Lasica in On The Media (listen to MP3) this week when I found David Rothman beat me to it. The interview was one of the better treatments of copyright issues that’s I’ve heard/seen in the (relatively-) popular media. Here’s the summary […] » about 300 words

Remixing Reality: Good or Bad?

We’ve all seen the ads they digitally insert on the field during football games and we’ve heard talk about inserting new product placements as old TV shows play in syndication. Ernie Miller has been thinking about this recently. Last week he noted that folks are creating ipod-able, independent audio tours of museums. “…Hack the gallery […] » about 300 words

Former RIAA Head Hates DRM?

Today is sort of an anti-DRM day here, so it was some pleasure that I just saw Ernie Miller’s post at Copyfight regarding Hilary Rosen, the former head of the RIAA. She’s complaining about the DRM Apple uses with its music store and iPod. She says: I spent 17 years in the music business the […] » about 300 words

Casey Bisson

Give Orphaned Works A Home

David Rothman at TeleRead is alerting us to something we should have done a long time ago, but, hey look, a caterpillar…. Really, the US Copyright Office and Library of Congress are accepting comments to comments on the issue of “orphan works.” But, the deadline is today at 5PM EST today! James Boyle, addressed some […] » about 1000 words

Casey Bisson

Broadcast Flag Smackdown

The only thing that could have made Friday’s news sweeter would be to have received the DC Circuit Court of Appeals’ deciscion against the broadcast flag from the US Supreme Court instead. Still, it’s enough to get most of the IP-aware blogsphere excited. To wit: here, here, here, and everywhere else. Copyfight‘s synopsis was the […] » about 800 words

Casey Bisson

Copyright And The Internet

David Rothman at TeleRead linked to Franklin Pierce Law Center professor Thomas G. Field’s guide to copyright on the internet.

Field gives a clear overview of of the limits to copyright, the ways copyright applies to web sites and email, and the limited law on linking and framing web content. In his section on risks, he notes:

Copyright law precludes most uses of others’ works without explicit or implied permission. Because some uses are okay, people often ask which uses are okay. Such questions often miss the point. The most important risk is not of liability, it is of suit.

Litigation is expensive. People concerned about, say, the nuances of fair use must not become so entangled in legal details that they forget that anything generating income or interfering with another’s potential income dramatically increases the chance of suit.

This is about as much as we’ll get from Field about recent attacks on fair use by big media companies who are increasingly suit happy. Still, the guide is useful.

Casey Bisson

See, When The President Does It, It’s Different, Somehow

It’s a reasonable story: guy gets iPod, buddy puts a few favorite tracks on it, everybody jams happily because they can share their little bits of culture. In a way it’s an extension of the mixed tape so romanticized in High Fidelity, but in another way — the RIAA’s way — it’s probably a copyright […] » about 300 words

Casey Bisson

Reporting Late On Grokster

These things take time and can often be hard to read, so while we all wanted the high court to look at the entertainment industry lawyers and tell them to take a hike Tuesday, we’ll have to wait until summer to know what actually went down. But there is one interesting thing so far… It […] » about 300 words

Casey Bisson

Dis-Intermediating Pop Culture

Via Copyfight via Deep Links: Fiona Apple, that Grammy award winning gal you remember from the Criminal video, apparently put together a third album a couple years back only to have Sony music shelve the thing. Now that it’s gotten out, her fans are “demanding that Sony release the album so they can pay for […] » about 300 words

Casey Bisson

Your EFF Needs You

A couple stories in the Electronic Frontier Foundation‘s email newsletter need our attention and support. Well, they all do, but here’s the most important: Grokster: EFF this week kicked off a new campaign to celebrate the technological diversity protected by the Supreme Court’s 1984 “Betamax ruling,” which found that vendors cannot be held liable for […] » about 300 words

Casey Bisson

…And Copyright Law Is Broken Too (Duh!)

I was looking for a way to includes these in my story about the brokeness of patent law, but they just wouldn’t fit. So here they are separately. Increasingly, content owners are taking advantage of the vagaries of the “public domain” to make us pay for rights we used to take for granted. For instance, […] » about 600 words

Casey Bisson

Stay Free!: Copyright Activists

The are few things as joyus as the excitement of discovery, so it was a great pleasure to learn that Stay Free! Magazine has a new blog: Stay Free! Daily. The blog has a number of stories about intellectual freedom and copyright oppression that resonated with me. Take a look at Silent Disobedience, Christo’s policy […] » about 500 words

Feature: Patent Law Is Broken

US patent laws are broken. Adam B. Jaffe and Josh Lerner say so. Their IEEE article is filled with equal measures of anecdotes and facts about why patent law is doing more to limit advancement in the arts and science than to support it. And that isn’t just wrong, it’s unconstitutional. There are a lot […] » about 900 words

Casey Bisson

Copyright Terrorism

The Dunhuang Grottoes are one of China’s richest archaeological treasures. Built during the 4th through 14th centuries, they are a 1,000-year-old ancient art gallery of cave architecture, sculptures and murals. Rediscovered in 1900, the region has been listed on the UNESCO World Heritage List since 1987. Despite over 100 years of exploration and study, the […] » about 400 words

Casey Bisson