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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Copyright

Stories from the Week that Was – 11/13-11/19/11

20 Sunday Nov 2011

Posted by Kenan Farrell in Bloggers, Copyright, Entertainment Law, Intellectual Property, Legislation, Litigation, Musicians, Privacy, Social Media, Stories from the Week that Was, Tech Developments

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Intellectual Property, Righthaven, Social Media, Viacom

Stories from the Week that Was – 11/13-11/19/11

Press Russia on intellectual property: US lawmakers

Criminal Case Glut Impedes Civil Suits

Picking Brand Names in China Is a Business Itself

The Entrepreneurial Generation

The NLRB’s Obsession with Social Media Continues

Viacom so devastated by piracy that CEO gets $50 million raise

Woman decapitated after anti-crime blog, police say

Attorneys seek to auction Righthaven copyrights

Artists Sue CBS, CNET, for Promoting and Profiting from Piracy

SOPA and Protect IP: What Legal Nightmares Are Made of

Number of 90-plus people likely to quadruple by 2050

Are Digital Resale Markets Legal? Should They Be?

“Humanity is acquiring all the right technology for all the wrong reasons.” -R. Buckminster Fuller

Stories from the Week that Was – 10/30-11/5/11

06 Sunday Nov 2011

Posted by Kenan Farrell in Authors, Bloggers, Copyright, Intellectual Property, Litigation, Privacy, Social Media, Stories from the Week that Was, Tech Developments, Trademark

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BitTorrent, Occupy Wall Street

Stories from the Week that Was – 10/30-11/5/11

Protecting Your Online Reputation: 4 Things You Need to Know

Major Book Publisher Files Mass-BitTorrent Lawsuit

Occupy Wall Street applies for trademark

Just how big is 7 billion?

People Who Use Macs At Work Are Richer And More Productive


– WIPO IP Facts and Figures 2011

Stories from the Week that Was – 10/23-10/29/11

30 Sunday Oct 2011

Posted by Kenan Farrell in Copyright, Entertainment Law, Intellectual Property, Litigation, Privacy, Social Media, Stories from the Week that Was, Tech Developments

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Stories from the Week that Was – 10/23-10/29/11

How Recruiters Use Social Networks to Screen Candidates

Startup Funding by the Numbers [INFOGRAPHIC]

Piracy and Copyright Challenges in 1841 Mirror Those of Today

The Future Of Music Business Models (And Those Who Are Already There)

Tips for Defending Allegations of Domain Name and Trademark Cybersquatting

Long Island Couple files Trademark Application for Occupy Wall St.

US government requests for Google user data grow 29%

Law School Admissions Officers Are Googling Applicants and Checking Them Out on Facebook

“OH WOW. OH WOW. OH WOW.” – Steve Jobs final words, via A Sister’s Eulogy for Steve Jobs

Copyright Protection of Lecture Notes

14 Friday Oct 2011

Posted by Kenan Farrell in Copyright, Intellectual Property

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Copyright Protection, Intellectual Property

‘My economics teacher is forcing us to give up all of our work for the semester. Every page of notes and paper must be turned over to her to be destroyed to prevent future students from copying it. My binder was in my backpack, and she went into my backpack to take it. Is that legal?’ Besides the issue with private property invasion, which was the trigger of that post, there is much more important question: Can a teacher ask a student not to retain knowledge? How does IP law relate to teaching and sharing knowledge? Whose property are those notes?” – from Slashdot

I came across this question today and wanted to comment.  I won’t turn this into a full-blown legal analysis of copyright protection of class lecture notes, but there are some ideas I felt were important enough to mention.  Leaving aside the issue of the teacher going into the backpack, I’ll focus on the IP question because it just seems to keep popping up.  It’s a thorny issue that really shouldn’t be all that thorny.

First, keep in mind that facts and ideas are not protected by copyright.  Only the “expression” of facts or ideas can be protected.  When a student writes down notes from a lecture, he is primarily concerned with documenting the important facts and ideas of the lesson.  Any elements of the teacher’s expression that are copied into the notes are typically ancillary and of little real value to the student. Going further, it should be recognized that the facts and ideas that a teacher lectures on are primarily repackaged information that the teacher has derived from other sources.  A teacher seeking to enforce copyright ownership of this information is farcical at best.

I understand that classroom dynamics have been changing rapidly over the last few decades, with the introduction of photocopies, digital recorders, email, etc.  The “expression” of ideas, as opposed to the ideas themselves, can increasingly be captured verbatim.  Hence the growing and potentially misguided belief that copyright law needs to step in to protect a teacher’s expression of the facts. To the contrary, teachers need to get innovative and figure out how to embrace these technologies to further their one real goal…educating students.

Last year, a University of Florida professor brought a suit filled with interesting copyright claims against a commercial note-taking service.  To summarize, this service was paying students to take class notes and then sellingthose notes online as study aids.  I haven’t been able to locate an update to see how that case was resolved…it may have settled.  If someone has more information on the outcome, please leave a comment.  Regardless, the situation described in the question above does not involve a commercial note-taking service, just a tuition-paying, education-seeking economics student.  Therefore, many of the commercial elements that made the Florida professor’s copyright claims somewhat palatable do not exist here.

I find it remarkable that any teacher would ask a student to hand in all of their class resources at the end of a semester.  After all, there are actually students who go to university to gain knowledge they can use for the rest of their life…not just for the length of one semester and to be forgotten upon handing in the final exam.  Class materials, including quizzes, tests and lecture notes, are often important resources later in a student’s professional life.  Is the threat of future students copying the notes really so severe that it outweighs the potential value to the note-taking student?

Supreme Court to Hear Oral Arguments in Copyright Case

03 Monday Oct 2011

Posted by Kenan Farrell in Copyright, Intellectual Property, Litigation, Supreme Court

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Copyright

The Supreme Court of the United States gets back to work this week and will be hearing oral arguments on a copyright case, Golan v. Holder. [FULL SCHEDULE] Here’s the skinny on what you’ll want to know about the case going into Wednesday morning’s arguments:

GOLAN V. HOLDER

DECISION BELOW: 609 F.3d 1076

Section 514 of the Uruguay Round Agreements Act of 1994 (Section 514) did something unique in the history of American intellectual property law: It “restored” copyright protection in thousands of works that the Copyright Act had placed in the Public Domain, where they remained for years as the common property of all Americans. The Petitioners in this case are orchestra conductors, educators, performers, film archivists and motion picture distributors, who relied for years on the free availability of these works in the Public Domain, which they performed, adapted, restored and distributed without restriction. The enactment of Section 514 therefore had a dramatic effect on Petitioners’ free speech and expression rights, as well as their economic interests. Section 514 eliminated Petitioners’ right to perform, share and build upon works they had once been able to use freely.

The questions presented are:

  1. Does the Progress Clause of the United States Constitution prohibit Congress from taking works out of the Public Domain?
  2. Does Section 514 violate the First Amendment of the United States Constitution?

Stay tuned to the Indiana IP&T blog for a transcript and summary of the oral arguments. Go here for links to the Merit Briefs and a long list of Amicus Briefs.

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