Saturday, September 22, 2018

Copyright misuse

Copyrights provide a limited monopoly over original works of authorship fixed in a tangible medium of expression. Attempts to extend this monopoly beyond the protection of the Copyright Act through “copyright misuse”—including anti-competitive behavior, restrictive license agreements, and abusive litigation tactics—may render a valid copyright temporarily unenforceable.

More here.


After some Twitter shaming, Artsy edits headline

From this:

Screen Shot 2018-09-11 at 12.04.11 PM

To this, “The Performance Artist Who Went To Impossible Extremes.” Guess what all the hoopla was about. Here’s the Twitter thread. Here’s the article.


Street Artist Revok and H&M Settle “Copyright” Dispute

We don’t know the terms of settlement, but regardless, it is interesting that H&M settled this claim, given that they had, and have, a very strong “anti-copyrightability” argument. Perhaps goodwill and public relations won in the end?


Another whitewashed mural. More VARA and CAPA?

Painted in 1985 by an artist named Jose Mesa V. and an ensemble of East Side youth, the intricate wall art depicted the history of Chicano people, from the Aztecs of old to the laborers led by Cesar Chavez. The detailed pictorial covered the side of Payless ShoeSource at Story and King roads, the epicenter of the low-rider movement and the civil rights marches that spawned the United Farm Workers union. “Mural de la Raza” is gone now.

More here.


“Cultural appropriation belongs in the wastebasket.”

Interesting article on cultural appropriation and intellectual property in this weekend’s Wall Street Journal, by the NYU Professor, Kwame Anthony Appiah.

In this article Appiah opines on exploitation and whether a rich American pop star should compensate poorer artists who taught him a certain type of music. He concludes,

The harder task will be to give up the ideology of cultural ownership, to resist the temptation to cast every practice as a piece of intellectual property and every affront as a property crime. The rhetoric of ownership is alluring and potent, but when we’re describing the quicksilver  complexities of culture, it just isn’t appropriate.

Article here (available with subscription).


On the impossibility of drawing an exact line between what constitutes an idea and an expression

The Third Circuit Court of Appeals opines on this impossibility.

Daniel Ballard says, “The 3rd Circuit’s opinion explains steps and nuances in the #copyright infringement analysis that are too often conflated or ignored altogether. Useful read.”


Some useful and friendly advice to new law students

From the always-great and UCLA law prof, Eugene Volokh.


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