Aug 262014
 

OCTOBER 11, 2010 - Law professor David Levine. (Photo by Kim Walker)Sharon Sandeen at Hamline Law and I have authored a letter dated August 26, 2014 and signed by 31 United States legal academics to the Congressional sponsors of the “Defend Trade Secrets Act of 2014” (“DTSA”) and the “Trade Secrets Protection Act of 2014” (“TSPA”) (collectively, “the Acts.”)

Click here for the full Letter 

Congress has been weighing how to respond to increased cyber-espionage.  The Acts are the latest bills to create a private cause of action under the Economic Espionage Act (EEA).  A copy of the bills can be found at https://beta.congress.gov/113/bills/s2267/BILLS-113s2267is.pdf (DTSA) and http://holding.house.gov/sites/holding.house.gov/files/documents/TSPA%20-%20HOLDNC_018_xml.pdf (TSPA). Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Aug 222014
 

copyright office seal 140pxDownload full text of the public draft (1222 pages).

[U.S. Copyright Office Press Release, Link] Register of Copyrights Maria A. Pallante today released a public draft of the Compendium of U.S. Copyright Office Practices, Third Edition (the “Third Edition”). The first major revision in more than two decades, the draft presents more than 1200 pages of administrative practices and sets the stage for a number of long-term improvements in registration and recordation policy.

It will remain in draft form for approximately 120 days pending final review and implementation, taking effect on or around December 15, 2014. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Aug 202014
 

india-flagLast week, the Government of Karnataka amended the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Gamblers Act, 1985 (“the Karnataka Goondas Act”). The Karnataka Goondas Act would now also apply to offences under the Indian Copyright Act, 1957 and the Information Technology Act, 2000. This article presents an overview on the various provisions of this law and discusses the potential impact of the amendment.

Click here for the full story on Spicy IP.

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jul 302014
 

jon-band[This post was updated on August 4, in response to the President's signature of the cell phone unlocking bill.]

On July 25, 2014, the House of Representatives passed the version of cell phone unlocking legislation adopted ten days earlier by the Senate. President Obama promptly announced that he would sign the legislation, bringing at least a short-term resolution to a controversy that had burst into the public eye early in 2013. The underlying issue, however, has much deeper roots, stretching back to the enactment of the Digital Millennium Copyright Act in 1998. Moreover, the legislation only temporarily permits consumers to unlock their cell phones to access other mobile networks. In 2015, the Librarian of Congress will determine whether to renew this permission for another three years. A permanent solution to this problem appears precluded by the free trade agreements to which the United States is a party. This paper examines the legal background of this matter. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jul 282014
 

boteroI would like to draw your attention to a copyright case in Colombia in which biology student Diego Gomez is facing criminal charges after sharing a Master Thesis written by another Colombian biologist (without asking for permission) in 2011 on the Internet. We believe this case is evidence of exaggerated criminal copyright laws, and also evidence of the need to rethink the way that science circulates.  I can give more information to those of you that might be interested. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly

Copyright Term Myths and Facts

 Posted by on July 18, 2014  No Responses »
Jul 182014
 

arl[Krista Cox, Association of Research Libraries, Link (CC-BY)] The written testimony of four of the five witnesses speaking at the July 15, 2014 House Judiciary Subcommittee Hearing on Moral Rights, Termination Rights, Resale Royalty and Copyright Term, address the issue of copyright term. Notably, none of these witnesses suggest that the current term be extended further and Professor of Law Michael Carroll argues that the current term of protection is too long. Although the other witnesses did not propose extension of copyright, it should be noted that Rick Carnes, President of the Songwriters Guild of America, asserts that the current copyright term in the United States is appropriate and should not be shortened. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jul 152014
 
Photo by Ito (CC-BY-2.0)

Photo by Ito (CC-BY-2.0)

[Cross posted from Creative Commons-USA, Link, (CC-BY)]  Chairman Coble, Ranking Member Nadler, Chairman Goodlatte, Ranking Member Conyers, and members of the Subcommittee, my name is Michael Carroll, and I am a member of the faculty at American University Washington College of Law, where I direct the Program on Information Justice and Intellectual Property and serve as the Public Lead for Creative Commons USA.  Creative Commons USA is the United States’ project that works under the terms of an agreement with Creative Commons, Inc., a global non-profit corporation headquartered in California.  Creative Commons has agreements with projects in more than 70 countries through which the local project is authorized to represent Creative Commons at the national level.  Creative Commons and Creative Commons USA have some experiences and legal tools that are relevant to the topics of today’s hearing.  Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jul 112014
 

aba-ipThe Intellectual Property section of the American Bar Association has called on Congress to craft new legislation to fight infringement by “Predatory Foreign Websites” (PFW). In a white paper titled A Call for Action for Online Piracy and Counterfeiting Legislation, the group makes a number of recommendations, including the creation of a private right of action allowing rightholders to seek civil remedies. Specific civil remedies should include: “(1) injunctions directing financial payment processors to freeze the assets of PFWs and to cease doing business with such websites; (2) injunctions preventing online advertisers from paying PFWs or from displaying further ads on those websites; (3) injunctions requiring search engines to remove PFWs from paid, sponsored links; (4) injunctions requiring website hosts to cease hosting PFWs; Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jul 072014
 

cis[CIS Press Release, Link (CC-BY)] The Center for Internet and Society at Stanford Law School is excited to announce the official launch of the World Intermediary Liability Map (WILMap).

The WILMap is a detailed English-language resource comprised of case law, statutes, and proposed laws related to intermediary liability worldwide. The WILMap allows visitors to the CIS website to select information on countries of interest through a graphical user interface. Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jun 172014
 

tac-logo[Mary-Jane Matsolo, Treatment Action Campaign, Link (CC-BY-SA)]  Over 70 organisations globally have called on the Department of Trade and Industry (DTI) to urgently finalise South Africa’s National Intellectual Property (IP) Policy in an open letter delivered today. You can find a PDF of the open letter below. The Fix the Patent Law campaign thanks all signatories for their support for improving access to medicines in South Africa! Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jun 132014
 

hong kong[Press release, government of Hong Kong, Link]  The Government will introduce the Copyright (Amendment) Bill 2014 into the Legislative Council (LegCo) on June 18 to update Hong Kong’s copyright regime and ensure that it keeps pace with technological and overseas developments.

The Bill also provides a number of copyright exceptions to facilitate reasonable uses of copyright works.

[UPDATE: the draft bill is published - Copyright Amendments Bill 2014.]

Continue reading »

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly
Jun 092014
 

china flagXinhua reports that the Chinese government has released a draft amendment to its copyright law for public comment.  The amendment would raise penalties from 100,000 yuan (16,025 USD) to 250,000 yuan (40,063 USD), and would give law enforcement greater powers to seize illicit goods.  It is seeking comments on the legislation until July 5.

Source:  Xinhua English. “China mulls increased copyright infringement penalties.

FacebookTwitterRedditStumbleUponWordPressTumblrBlogger PostEmailPrintFriendly