South Africa is considering a new copyright bill that is really, really good!

Here's some refreshing news: the pending reform to South African copyright is really excellent, with a fair use definition that futureproofs itself with the key phrase "such as" -- so naturally, giant entertainment companies are doing everything they can to kill it. Read the rest

European Parliament rejects copyright bill

In a 318 to 278 vote, the European Parliament today shot down proposals that would have made online publishers liable for users' copyright infringement and made even linking to other websites fraught with legal risk. The bill, widely reviled for its service to legacy media interests and general ignorance of the internet itself, now goes back to committee.

Julia Reda, a Pirate Party MEP who had campaigned against the legislation tweeted: "Great success: Your protests have worked! The European Parliament has sent the copyright law back to the drawing board."

BPI Music, which represents UK record labels, had supported the bill and tweeted: "We respect the decision... we will work with MEPs over the next weeks to explain how the proposed directive will benefit not just European creativity, but also internet users and the technology sector." ...

The Copyright Directive is intended to bring rules around content in line with the digital age. The two most controversial parts of it are Article 11 and Article 13. The first of these is intended to provide fair remuneration for publishers and prevent online content-sharing platforms and news aggregators sharing links without paying for them. But it has been called the "link tax" by opponents and raised questions about who will have to pay and how much. Article 13 puts more onus on websites to enforce copyright laws and could mean that any online platform that allows users to post text, images, sounds or code will need a way to assess and filter content.

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Fascinating interview with a film bootlegger from the 1960s

Woody Wise was manager of a small movie theater in the 1960s, when people were starting to watch TV more. To supplement his meager income, he eventually picked up a side hustle trafficking in bootlegged film prints until he was pinched by the FBI and caught a felony conviction. Read the rest

Legal battle royale: PlayerUnknown's Battlegrounds maker sues Fortnite maker

Fortinte has eclipsed the previously reigning PlayerUnknown’s Battlegrounds, and now PUBG believes that success has come at the expense of their copyrights. So here comes the lawsuit! Read the rest

Photographer claims Stranger Things stole his storm cloud image

Sean R. Heavey claims that Stranger Things used his storm cloud photo (top image) without permission in concept art (second image above) that eventually became a scene in the show. From Photographer: ‘Stranger Things’ Used My Storm Cloud Without Permission:

Heavey says he realized that the cloud that appears in the Stranger Things episode looked extremely similar to his but wasn’t the same one. A few weeks later, however, Heavey’s friend was watching the Beyond Stranger Things behind-the-scenes special (episode 3) on Netflix when he noticed the concept art that was used by the Stranger Things crew...

After Heavey reached out to Netflix with his complaint, the company responded by saying that the cloud in his photo isn’t protected by copyright.

“They are saying the only similarity that exists is the use of a similar cloud formation, that copyright law does not protect objects as they appear in nature, and that an artist can’t claim a monopoly over real-world public domain objects such as a cloud formation,” Heavey says. “The problem with that argument is that it’s not a similar cloud they use — it’s my cloud photo.”

Heavey thinks the Netflix counsel didn't even look at his image comparisons before responding. He's now lawyered up and figuring out his next steps.

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After copyright wrangle, Scholastic promises better deal for competition entrants

After 8th-grader Sasha Matthews posted here about the copyright-swiping terms and conditions imposed in Scholastic's annual Art & Writing Awards, the group says it will no longer demand legal ownership of youngsters' submissions.

Scholastic's competition is a marquee annual event celebrating the creative work of schoolchildren, but its rules assign the company copyright ownership of entries forever. This would allow Scholastic to reuse and profit from the work without the creators' permission--and prevent the creator from stopping them or doing likewise.

Now the company is planning a revision to its rules so that it can use the work, but the kids still own it. Though Scholastic hasn't said exactly what form the new terms and conditions will take, similar events require only a license to use the work.

Nicole Brown writes:

Matthews wrote about the copyright issue for a school assignment and got it published in February on the blog Boing Boing.

Shortly after, the alliance reached out to her dad, letting him know they would review its terms and conditions before next year’s contest.

“The Alliance for Young Artists & Writers, the 501 (c)(3) nonprofit that administers the Scholastic Art & Writing Awards, is currently exploring a revision to the program’s terms & conditions for participants,” McEnerney confirmed.

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Judge finds that Disney "misused copyright" when it tried to stop Redbox from renting download codes

Redbox buys DVDs and then rents them through automated kiosks, including DVDs from Disney that come with download codes to watch the videos through a DRM player. Read the rest

New York Federal judge rules that embedding tweets can violate copyright law

Katherine Forrest, an Obama-appointed federal judge in New York, has overturned a bedrock principle of internet law, ruling that embedding a copyrighted work can constitute a copyright infringement on the part of the entity doing the embedding. Read the rest

Meet the 'Calm Bearded Tree Enthusiast Painter Dude' minifig

Over at The Official Action Figure Therapy store, they've got all kinds of customized minifigs for sale including this "Calm Bearded Tree Enthusiast Painter Dude." It's like a hilarious exercise in describing Bob Ross and LEGO, without actually using those words.

Also see: the "Hairy Canadian Fast Healing Angry Claw Man In Wife Beater," the "Scary Kid Loving Sewer Clown With Balloon," and the "Terminally Ill Contraband Manufacturing Underwear Science Teacher."

Thanks, Howard! Read the rest

UK government produces numbingly boring cartoon defending rights of copyright proprietors

Britain's Intellectual Property Office admits that its cartoon informing children about copyright infringement is "dry and niche," despite exciting scenes such an old man in a suit explaining intellectual property and a goatlike charicature of popular singer-songwriter Ed Sheeran.

The Intellectual Property Office is leading the government's efforts to crack down on internet piracy and protect the revenues of Britain's creative industries.

The government agency is spending £20,000 of its own money on the latest Nancy campaign, which is part-funded by the UK music industry.

Catherine Davies, head of the IPO's education outreach department, which already produces teaching materials for GCSE students, admitted IP was a "complex subject" for small children and something of a challenge to make accessible and entertaining.

Some fear, the BBC reports, that the campaign is so numbing and heavy-handed its message about piracy "could backfire." [via Tim Cushing] Read the rest

Video of 10 hours of white noise has 5 copyright claims

Sebastian Tomczak, who blogs his fascination with sound and technology at little-scale.blogspot.com, reports that "My ten hour white noise video now has five copyright claims!"

The culprit appears to be YouTube's hapless and hostile contentID system, which automatically matches portions of different videos, makes stupid conclusions about intellectual property, then invites corporate customers to "claim" and monetize other people's work as their own.

Owning white noise today are "White Noise Sleep Therapy", "El Muelle Records", "Rachel Conwell" and "Silent Knights." Read the rest

Who enters the public domain in 2018?

The Public Domain class of 2018 — authors with significant works entering the public domain next year — includes Aleister Crowley, Rene Magritte, Siegfied Sassoon and the other Winston Churchill.

Winston Churchill was an American best-selling novelist of the early 20th century. He is nowadays overshadowed, even as a writer, by a certain cigar-toting British statesman of the same name, with whom he was acquainted, but not related.

Here's the CSPD list of works that should have entered the public domain this year, but didn't thanks to congressional servicing of Disney. Read the rest

The ultimate DMCA takedown fail

A gentleman jailed for his part in a $5.4m scam wanted Google to remove links to news stories about the wheeze. His cunning plan to get them to do it – file a DMCA takedown notice claiming copyright in his own name and criminal record – perhaps offers a clue about why he got caught in the first place.

From the FBI's press release:

According to a plea agreement filed in this case, Henrik Sardariani obtained more than $5 million in loans after, among other things, falsifying numerous documents. In order to obtain one of the loans, Henrik Sardariani fraudulently used a house as collateral and falsely claimed to be the president of the company that owned the property. To support the claim that he controlled the company, Henrik Sardariani created false corporate records that were presented to the lender.

Henrik Sardariani also admitted that he created fraudulent property records to make it appear that prior loans had been paid off and that, therefore, new loans would be fully secured by unencumbered property. The fraudulent reconveyances bore forged and fraudulent signatures of notaries public, as well as fraudulent stamps of the notaries public.

Update: Shooting the Messenger writes that there are at least three of these DMCA takedowns filed by people involved in this particular case. Read the rest

New tool helps authors claim their copyrights back from publishers (even "perpetual assignments")

Under US copyright law, creators who have signed away their copyrights for the "full duration of copyright" can still get their rights back from publishers under something called the "Termination of Transfer," which is a hellishly complex and technical copyright provision that is almost never used, since it requires that creators wait decades and then successfully navigate all that complexity (even knowing how many years you have to wait is complicated!). Read the rest

Monkey meant business in selfie lawsuit settlement

A monkey in Indonesia will now be enjoying 25% of future profits from a selfie he took with a photographer's camera, following a settlement announced Monday.

Photographer David Slater agreed to donate the future profits to organizations responsible for protecting Indonesian habitats of crested macaques, according to CNN. The 2011 selfie of a then 7-year-old Naruto started a legal endeavor by PETA four years later over publishing of the photo and his rights under the Copyright Act.

The small success for the cheeky primate is more likely a larger victory for the inevitable simian overthrow soon to follow. Read the rest

Cease and Desist pin

Kingdrippa makes and sells these fabulously trenchant mouse pins. It's $11. In fact, there's so many cool things in this store I might have to blog the lot.

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Legal advice to musicians, after "Blurred Lines": pretend you have no influences

It's been two years since Pharrell Williams and Robin Thicke lost a lawsuit brought by Marvin Gaye's descendants, who argued that their song "Blurred Lines" infringed Gay's 1977 song "Got to Give It To You," not because it copied the music per se, but because it copied its "vibe." Read the rest

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