Music Industry Targets Online Lyrics, and a Summary of the Music Industy’s Fragmented Business Model

By: Ian McClure
nmpa

The music industry's next bone to pick with content users and downloaders seems to be online lyrics, published on sites that aggregate this content for users.  The National Music Publishers Association has filed a copyright infringement suit against two companies that publish lyrics online for profit.  One of the companies is owned by MySpace co-founder Brad Greenspan.  To be honest, I didn't really see this one coming.  There are plenty of sites that publish lyrics for free, and so maybe I underestimated the ... Read More

Categories: Copyright Caucus

U.S. Copyright Industries Continue to Have Positive Impact on U.S. Economy

By: Ian McClure
iipa

Proof that our economy continues to evolve into a knowledge economy. In the most recent report in a series of 12 released by the International Intellectual Property Alliance (IIPA), it is confirmed that U.S. Copyright Industries continue to add value to the U.S. Economy and GDP, outperforming many other industries. According to the report: " . . . in 2007 the gross consumption expenditures and investments of the entire U.S. federal government (a much broader measure than value added) were $979.3 billion. This figure is only ... Read More

Categories: Copyright Caucus, Today in IP

Michael Jackson’s Additional Legacy: IP Assets

By: Ian McClure
michaeljackson

At a time when Michael Jackson was at the height of his entertainment career, and therefore his  bargaining power with his record label, entertainment attorney John Branca negotiated a deal for Jackson that only acts like Ray Charles and Madonna have been able to duplicate: Jackson receives half of all profits from U.S. music sales (most artists get none) and a whopping 25% royalty rate on all sales (many artists get none, the best get 3% to 10%). These, however, are not ... Read More

Categories: Copyright Caucus

Intellectual Property and Eminent Domain: A plausible combination?

By: Ian McClure
5th-amendment

Recently I had a conversation with two other attorneys that reinvigorated an interest in this topic: Whether the government could take intellectual property whenever it deemed appropriate, use it for a public purpose, and pay the previous owner just compensation. In other words, could IP become subject to the government's eminent domain powers (or limitation on its powers, however you decide to view the 5th Amendment), similar to real and other personal property? I had spent a long time mulling over this ... Read More

Categories: Copyright Caucus, Patent Prospects, Trademark Trends

Supreme Court Leaves 2nd Circuit Cablevision Decision In Place

By: Ian McClure
cablevision

This morning, the U.S. Supreme Court decided not to review a 2nd Circuit Court of Appeals decision which may allow lower-cost use of DVR services without cable boxes.  Cablevision Systems Corporation allows users to record television shows on Cablevision's central computer servers, instead of on cable boxes in the user's home.  This allows more space for recordings, and eliminates the cost of installing cable boxes to store the recordings.  Cablevisions system was challenged by a number of television networks, who allege that the ... Read More

Categories: Copyright Caucus, Today in IP

Copyright as an Asset During Insolvency

By: Ian McClure
3d_copyright

IP Finance posted a great informational blog today explaining the inherent characteristics of a copyright in the hands of a business, specifically during insolvency.  Some of the references to particular statutes should be disregarded if you are a U.S. reader, but the gist is the same under any copyright law system.  Of interest is the section on Assignment and Sale of copyright licenses.  Read the entire post HERE Read More

Categories: Copyright Caucus, Today in IP

Can You Copyright a Tweet, Continued.

By: Ian McClure
birdandt_tcm18-151058

A while back I had a few discussions with attorneys regarding whether you could copyright a tweet on Twitter. The discussion was sparked when it was announced that start-ups were trying to capitalize on Twitter by creating ways to monetize the 140-character "tweets" created by millions of users worldwide. This was inevitable, because when money is involved, property ownership becomes more important. If ownership of subject matter determines who gets paid a portion of any proceeds produced by that subject matter, of ... Read More

Categories: Copyright Caucus

Judge Sotomayor: Adding Intellectual Property Experience to the U.S. Supreme Court

By: Ian McClure
sc

Every appointment to the U.S. Supreme Court elicits a whirlwind of scrutiny. While the current nomination of the 2nd Circuit's Judge Sonia Sotomayor has proved to be just another high school debate competition on civil rights issues for political activists and politicians, it has also proved to be unique in the fact that it brings, for the first time in a long time, considerable experience in intellectual property law to the highest court in the U.S. The 2nd Circuit is no stranger ... Read More

Categories: Copyright Caucus, Patent Prospects, Trademark Trends

Justice Department Begins Antitrust Probe Into Google Publishing Deal

By: Ian McClure
books1

A NYT article broke the news that lawyers for the Justice Department have begun discussions with groups that oppose the book deal that Google struck with publishers and authors to place their books on Google's massive online library.  The license agreements, says its opposition, would lend Google the exclusive right to exploit this literature online.  According to the article, conversations have begun between the Justice Department and groups such as the Association of American Publishers and the Authors Guild, but the Department has not ... Read More

Categories: Copyright Caucus, Today in IP

Documentary - Lawrence Lessig, copyright, and remix culture

By: Ian McClure
user_photo_opensourcecinema156

I'm a little late on this one, but in case you missed it: This documentary film was forwarded to me by my father, a professor/academician/scholar/ and self-pronounced egghead who specializes in the relationships between philosophy, theology, ethics, popular culture and preaching.  The film, a product of Open Source Cinema, is called "RiP: A remix Manifesto", and touts itself as  . . . an open source documentary about copyright and remix culture. Created over a period of six years, the film features the collaborative remix work ... Read More

Categories: Copyright Caucus

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