Singer and song writer Drake has been sued for copyright infringement by a jewelery designer over an owl motif necklace. However, the singer has been using an owl logo very similar to that exhibited by the necklace and is claiming the necklace design is based on an ancient Egyptian hieroglyphic and therefore the design is in the public domain. The jeweler registered the design with the U.S. Copyright Office and it will be interesting to see how this plays out. If a court finds that the design has sufficient orginality then the court may award damages for infringement. The owl is an ancient Western symbol of wisdom often associated the the Greek Goddess Athena and the city of Athens.
For those of you who need last minute Valentine’s Day cards you’re in luck. Two sites, the New York Public Library and the West Virginia University History Center have vintage Valentine’s Day card collections. The WVU site actually allows you to send a card to a recipient. These cards/images are in the public domain since they were created before 1923 and are free to use. Materials created after 1923 may be in the public domain if they meet certain criteria such as having the appropriate copyright notice or not having their copyright status renewed – requirements under copyright law in the past. Here is a useful chart by Peter Hirtle from Cornell University that can help you determine whether a particular item is within the public domain. Remember that other materials such as most materials created by the federal government are in the public domain as well even if created recently and are free to use.
One of the most famous American and iconic works of art with a love theme – Robert Indiana’s – Love (1966) – was denied copyright protection as copyright protection is generally not afforded to short phrases or titles – even if it was executed in a distinctive font and design.
And finally a list of reasons from the Stanford Copyright and Fair Use Center on why you should love fair use.
How can we forget songs like Purple Rain – you probably sang it in the shower this morning. But lately Prince has been kind of a jerk by filing a copyright infringement lawsuit against 22 individuals (fan websites) and requesting damages of one million dollars against each of them for posting links to his music on the Internet. Now before you scramble to get that illegally downloaded copy of Little Red Corvette (See note below) off your phone – hold on there – the pint size pop star inexplicably dropped the lawsuit without prejudice – meaning he could file it again if he wants to make his fan base even angrier.
One distraught fan had this to say:
“Yes, bootlegging is wrong, but … who is next? Dude will even go after regular ass fans … really sad. Prince will be remembered for making some of the most beautiful music ever created and for hating his fans.”
He may have decided to drop the suit after his lawyers realized that one does not infringe copyright by linking to songs or other materials on the Internet. A link does not create a copy of the material it just takes you to it – the link is like the road that takes you to the bank – you could drive to a bank and rob it – but it wasn’t the road’s fault you robbed the bank. To date no decision in the United States has found that linking would constitute an infringement of copyright – in fact just the opposite has been found. Only the Dutch Courts have found linking to constitute a copyright infringement. And this is what we think of that decision. Now some decisions have held that an individual may be liable for contributory infringement if they post links to material that is clearly a “bootleged” or pirated – which is probably the case here but this is still a gray area of the law.
The lesson to remember is linking in 99% of cases is fine – probably not a good idea to link to something like this shaky video of the musical Wicked.
Note: Yes, I had to link you to a cover version of Little Red Corvette because Prince has done such a good job of keeping his content off the Web – way to go Prince now you got everyone listening to one of your most famous songs performed by Sarah Bettens – a Belgian for crying out loud. Also, you will need something called a mechanical license if you intend to cover one of Prince’s songs yourself.
Interesting piece from Reason Magazine and what might happen if authors did not have copyright to protect their works – the answer in short is that civilization would not collapse – read more here.
The Hotfile Locker service, alleged to have been one of the 100 most trafficked sites on the Internet, has been ordered to pay $80 million in fines and damages to an assortment of Hollywood Studios. Read more here at CNET.
A recent feud of sorts has erupted betwween the Beastie Boys and a non-profit Goldiblox for use of one of their songs. Read more here – Happy Thanksgiving Everyone.
Oral arguments were heard by the 11th Circuit Court of Appeals on November 20th – with both sides getting pelted with questions they didn’t expect – Plaintiff’s lawyers were told to save the claptrap about how civic minded their clients were and get to the point (I see that as a good sign). Kevin Smith of Duke University thought the day went poorly for GSU especially with respect to the Appeals Court seeming to be skeptical of the 10% bright line that Judge Evans seemed to establish in the case – this was of concern to me from the start as Fair Use has always been context based and flexible – taking away that flexibility (and ability to argue the facts of the situation) would be a terrible result. It appear the Appeals Court may remand for more fact finding – I certainly hope we get some clarification on the 10% standard. Read more here from Smith’s analysis here and watch the post argument panel video of attorneys that gathered at GSU after the arguments here.