Apr 1, 2009
Michael Martin raises an interesting question on his Broken Symmetry blog, and one that I just couldn't pass up: Are Tweets Copyrightable?.
Just last week, a Wall Street Journal article announced a business plan to monetize the popularity of Twitter, which means people now have an incentive to own their tweets, or at least control them exclusively. The question of copyrightability in this context comes down to whether a tweet is copyrightable subject matter. To this end, Martin writes the following:
That depends. The ... Read More
Mar 31, 2009
I returned from the Ocean Tomo Spring 2009 Conference and Auction in San Francisco with a head full of questions about the status of the market. The market continues to grow, and that is a fact evidenced by the number of professionals and market participants that attended the conference. Nevermind the dismal auction results, which will be the subject of another post, the conference itself and the overall optimistic and enthusiastic mood of discussion that buzzed through the rooms and halls of ... Read More
Mar 24, 2009
As a corporate law practitioner, an interesting IP question that pops up with more regularity is whether and under what circumstances a director of a corporation may be held personally liable for mismanagement of intellectual property. This question is usually not posed with reference to conflict of interest possibilities, but instead with regard to the duty of care and its implications on maintaining complete information and making sound decisions with regard to that IP. Of course, many board members don't completely understand the ins ... Read More
Mar 18, 2009
A few months ago a post on Joff Wild's IAM blog sparked a great debate about the valuation of IP, the difference in valuation contexts, and the viability of a practical approach. Jumping into the discussion late, Michael Martin of Broken Symmetry posted a "final word" comment on Wild's post and on Broken Symmetry. A few of his words moved me to revisit the IP valuation discussion on IP Prospective with a few of the standard-setting initiatives that have commenced, old and new.
One of ... Read More
Mar 11, 2009
March 26-27 - Ocean Tomo commences its IP Markets 2009 campaign with their Spring IP Auction at the Ritz in San Francisco. This auction is important for Ocean Tomo, as they have recently undergone a restructuring, and rumor has it that their Summer and Fall auctions could be postponed due to the economic climate and its possible impact on pricing. The conference begeins on Thursday, with three panel tracks covering IP in M&A, Buying & Selling IP, and Greentech IP and Investing. ... Read More
Feb 27, 2009
There is a discreet lending market in New York and few places beyond that trades cash for copyrights until the cash is returned with interest. To play in this field might actually be less of a risk than banks lending on collateralized real estate, based on the fluctuation of real estate values. Certain and valuable copyrights hold their value quite nicely, even in a recession.
A recent story in the New York Times (which also reached a few IP blogs such as IPKat) disclosed ... Read More
Feb 23, 2009
Headlines of late have concerned themselves with competition, or the lack thereof, created by certain adopted business methods or maneuvers. With the inauguration of a new President came a proposed tougher stance on antitrust issues. Obama appointed Christine A. Varney to head the Justice Department's antitrust division in a move that was meant to send a warning signal that the new administration was cracking down on companies vying for monopoly market positions.
Google is not new to the monopoly discussion. Varney has already ... Read More
Feb 18, 2009
This past weekend marked the two-year time limit under the Webcasters Settlement Act given to Internet Radio Services such as Pandora to reach a deal with the recording industry on streaming fees. The deadline came and went without an agreement. Traditional broadcasting radio stations, which also stream music on their web sites, did reach a deal with record labels (the terms of which I have yet to uncover). The beef between the internet radio stations and the record labels is mainly over ... Read More
Feb 9, 2009
An investment banker friend sent me a very interesting blog post from Broken Symmetry. It creatively considers an historical analogy, at the intersect of business method and creative process, between 15th Century Venice and modern day Silicon Valley. The piece goes on to discuss comparisons between the two, such as their isolated position from other major metropolitan centers (Florence and Rome, LA and New York), or their aspiring classes of artisans and entrepreneurs. There also exists a parallel between the investors of both ... Read More
Jan 31, 2009
Every once in a while I will read about a business venture that is so business-savvy, yet so simple, I pinch myself for not thinking of it, while applauding the ones who did at the same time. A recent post on IP Finance introduced a new business model that is currently being tested in the music industry. In short, bands and artists are asking their loyal fans (and those that just hear them and think they are good enough to make it) ... Read More
Ian McClure is a former corporate & securities and intellectual property law attorney with 
Trevor M. Blum is a former Associate in the Chicago-based, valuation practice group of Ocean Tomo, LLC., an intellectual property (IP) consultancy. Additionally, he provided instrumental research support to Intellectual Property Exchange International, Inc., an IP exchange start-up. Trevor holds a B.S. from Indiana University and is currently an MBA candidate at the University of Cambridge, focusing on international business and finance. His interests also include entrepreneurship, economics, and informational visualization. He enjoys running and cycling in his free time. Trevor seeks to bring a transnational business perspective to the blog. 