Ellen DeGeneres's friendship with ex-President George W. Bush became controversial this week, in light of the progressive values she claims and the 600,000 corpses left by his occupation of Iraq. She delivered a monologue on her show in response, casting their friendship as an example of civility, overcoming political differences, and having "faith in America". So Rafael Shimunov added a simple backdrop of Iraq war scenes to her monolog, in the hopes DeGeneres might better understand the complaints. In response, copyright takedown notices flew and it was removed from the 'net, so it is at least getting under her skin.

Here's a copy, which I'll update if and when it disappears. Read the rest

Jurors found that Katy Perry's Dark Horse "improperly copied" an earlier song titled Joyful Noise by Flame, a Christian rap artist.

The case focused on the notes and beats of the song, not its lyrics or recording, and the questions suggested that Perry might be off the hook.

But in a decision that left many in the courtroom surprised, jurors found all six songwriters and all four corporations that released and distributed the songs were liable, including Perry and Sarah Hudson, who wrote only the song’s words, and Juicy J, who only wrote the rap he provided for the song. ...

Gray’s attorneys argued that the beat and instrumental line featured through nearly half of “Dark Horse” are substantially similar to those of “Joyful Noise.” Gray wrote the song with his co-plaintiffs Emanuel Lambert and Chike Ojukwu.

Here's Joyful Noise:

Here's Dark Horse. The infringement begins 18 seconds in.

Though the distinctive, whining 8-note loop was the matter at hand, jurors found all involved in the song to be infringers, irrespective of their role in its production. You might say they did the RICO.

It surely can't have helped Perry that both songs start with a guy shouting "y'all know what this is". Even if it didn't factor into the legal analysis, her song is showing up to court unshaven, without a necktie, and smirking at the judge.

It's nonetheless a a disturbing outcome, writes Vox.

But Charlie Harding of the Vox podcast Switched on Pop explains that the striking similarities should be free to use by both artists, despite their similarities.

When my first couple novels came out, I lobbied to add some kind of notation about "fair use" and "limitations and exceptions to copyright" on the copyright notice page and was told not even to try because legal would never allow even the slightest variance from the boilerplate; apparently Steve Stack is better connected than I am, because his book 21st Century Dodos, has a copyright notice that is full of whimsy and gags, as Rebecca discovered and documented. Read the rest

The JNU Data Depot is a joint project between rogue archivist Carl Malamud (previously), bioinformatician Andrew Lynn, and a research team from New Delhi's Jawaharlal Nehru University: together, they have assembled 73 million journal articles from 1847 to the present day and put them into an airgapped respository that they're offering to noncommercial third parties who want to perform textual analysis on them to "pull out insights without actually reading the text." Read the rest

Last month, Paul Hansmeier was sentenced to 14 years in prison and ordered to pay $1.5m in restitution for the copyright trolling his firm, Prenda Law, engaged in: the firm used a mix of entrapment, blackmail, identity theft, intimidation and fraud to extort millions from its victims by threatening to drag them into court for alleged infringement of copyright in eye-watering pornography, thus forever associating their victims' name with lurid pornography in the public record. Read the rest

Rebecca Giblin (previously) writes, "We've just dropped a new study we've been working on for a year. You know how it keeps being claimed that we need longer copyrights because nobody will invest in making works available if they're in the public domain? Heald and some others have done some great work debunking that in the US context, but now we've finally tested this hypothesis in other countries by looking at the relative availability of ebooks to libraries. It's also the first time anyone has been able to compare availability of identical works (by significant authors) across jurisdictions. The books we sampled were all in the public domain in Canada and NZ, all under copyright in Australia, and a mix in the US (courtesy of its historical renewal system)." Read the rest

In 1971, the Australian indigenous artist Harold Thomas created the iconic Australian Aboriginal Flag which has since been named one of the "official flags of Australia," which resulted in Thomas successfully suing to assert copyright over the design. Read the rest

Censorship before or censorship after? The EU Copyright Directive rekindles the oldest fight in the history of free speech debates, first waged by John Milton in 1644. Then, like now, policy-makers were considering a radical change in censorship law, a switch from censoring material after it was published to requiring a censor's permission to publish in the first place. Read the rest

During the week of March 25, the European Parliament will hold the final vote on the Copyright Directive, the first update to EU copyright rules since 2001; normally this would be a technical affair watched only by a handful of copyright wonks and industry figures, but the Directive has become the most controversial issue in EU history, literally, with the petition opposing it attracting more signatures than any other petition in change.org’s history. Read the rest

Ipek Irgit mass-produced a novel bikini design, making millions and soon getting into furious legal fights with anyone who would dare copy it.

In fashion, there is a fine, sometimes indistinguishable line separating inspiration and theft. Most apparel companies try not to get distracted by items that are derivative of their own. The trend cycle moves so quickly that experts tend to believe the best use of resources isn’t litigation, but creating next season’s styles.

Ms. Irgit, though, could not abide the idea of rival versions of colorful crocheted bikinis.

But then—spoilers!—a competitor tracked down the Brazilian beach artist, Solange Ferrarini, who was the true creator of the Kiini. Katherine Rosman's story in the New York Times makes a ripping yarn of the decade's wildest and wooliest design theft.

Photo: Jens Mortensen / The New York Times Read the rest

Faith Goldy is the white supremacist who failed in her bid for mayor of Toronto (despite an endorsement from US white supremacist Congressman Steve King); during her campaign, she unsuccessfully sued Canadian media monopolist Bell Media for refusing to run her ads, saddling her with an order to pay $43,117.90 in Bell's legal fees. Read the rest

J Salmerón, a Netherlands-based concert photographer, took a fantastic shot of Arch Enemy singer Alissa White-Gluz at a festival gig in Nijmegen. He posted it to his Instagram, to White-Gluz and fans' general delight.

A company named Thunderball Clothing, operated by Marta Gabriel, reposted Salmerón's photo to their own Instagram account. Thunderball created the leather vest White-Gluz wore in the post, and used the photo, without the photographer's permission, to market its services.

Salmerón sent a request: give €100 euros to a charity, the normal licensing fee, and he wouldn't ding Thunderball with a €500 unauthorized use invoice.

So Gabriel told the band that Salmerón threatened her. And the band itself told him that, as far as they were concorned, they could also use his photos however they please.

Salmerón, who as luck would have it is also a lawyer, explains that this is a dangerous misunderstanding of copyright law:

This made no sense since, although there are some restrictions (for example, I can’t use a photo of Alissa to promote a product, unless she expressly authorizes me to do so) I am the only one who gets to decide how and where my work is used. To put it in legal terms: I own the copyright over my photos.

The message also sought to perpetuate the ridiculous system that some bands expect to have with photographers: They let them come into the pit, expect to have the absolute and perpetual right to use the photos in whatever way they want, and pay photographers in “exposure,” by using their work before a massive audience.

At considerable expense, Christian Friedrich Johannes Büttner, the man behind successful YouTube channel TheFatRat, recorded and posted an original music video. It ran up 47m views, helping to place him among the higher echeleons of YouTube's hitmakers.

But then a scammer—someone with no posted videos, no working contact info and no significant internet presence—claimed ownership of it through YouTube's ContentID system.

Büttner appealed and was denied.

Worse, it was clear that YouTube had simply allowed the scam account to wait until the last possible moment to respond, then to decide for itself whether it was a legitimate appeal.

Büttner, being a serious channel operator with millions of subs, tried to get relief from his liaison at YouTube. He was told he had to work it out with the scammer (who was still being paid the revenue the video was generating) through the scammer's fake email address. YouTube gave him no other recourse and refused to provide more information.

It got sorted out only after he went public and got lawyers involved.

In this enraging video, Büttner explains what happened with remarkable calmness and professionalism, exposing in detail just how awful and broken ContentID is -- and how grossly vulnerable it is to bad-faith exploitation by frauds, scammers and wannabe censors.

One trick that Büttner misses, however, is that ContentID isn't copyright law. The scammer probably didn't issue a fraudulent DMCA takedown, so won't end in trouble for that.

ContentID is exactly the thing YouTube claims it doesn't do: it privately mediating ownership of content without involving the law. Read the rest

On the latest Copy This podcast (MP3) (previously), the amazing Kirby "Everything is a Remix" Ferguson talks to Paul Keller about the new EU Copyright Directive, which will impose mandatory copyright filters on all online platforms, opening the door to rampant censorship and ensuring that only the biggest (American) tech companies will be able to afford to operate in the EU. Read the rest

In 1994, Disney trademarked the use of the phrase "hakuna matata" on clothing, footwear, and headgear. The common Swahili phrase, meaning "no trouble," was the name of a song in Disney's movie The Lion King. Now, a petition for Disney to give up the copyright, has more than 50,000 signatures.

(Zimbabwean activist Shelton) Mpala told CNN he started the petition "to draw attention to the appropriation of African culture and the importance of protecting our heritage, identity and culture from being exploited for financial gain by third parties. This plundered artwork serves to enrich or benefit these museums and corporations and not the creators or people it's derived from."

(image: a selection of goods from Alibaba.com) Read the rest

Film theorist Laura Mulvey coined the term "male gaze" to describe the "masculine, heterosexual perspective that presents and represents women as sexual objects for the pleasure of the male viewer": in a paper for the Harvard Journal of Law and Gender, Southwestern Law School professor John Tehranian applies Mulvey's idea to the complex and often nonsensical way that copyright determines who is an "author" of a work and thus entitled to control it, and shows how the notion of authorship reflects and amplifies the power imbalances already present in the world. Read the rest

Denuvo bills itself as the best-of-breed in games DRM, the most uncrackable, tamper-proof wrapper for games companies; but its reputation tells a different story: the company's products are infamous for falling quickly to DRM crackers and for interfering with game-play until you crack the DRM off the products you buy. Read the rest