The Traklight Blog

Explore the world of intangible assets and IP with guest blogs, business owner interviews, and more.

Supreme Court Sides With Google In API Copyright Case

Cast your mind, if you will, back to 2010; do you recall what you were doing? Who you were, and how different your life was then to how it is now? A decade is a long time in the course of human life, and it’s a long time for a court case to wend its way up to the Supreme Court for a definitive declaration on the matter at hand. 

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Taylor Swift Files Suit Against Evermore Over Unlicensed Songs

Many lawsuits, by their nature, come to resemble a back-and-forth or tit-for-tat or whichever colloquialism you may prefer; few are willing to sit idly by and let a case be brought and then built against them without taking some recourse, particularly given that many suits result from an inability to resolve the matter at hand without the intervention of the courts. Thus lawsuits breed countersuits, business becomes personal and disputes turn into feuds that can potentially run for years. 

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Metallica Has Twitch Performance Dubbed For Playing Metallica Songs

While Twitch may have started as a platform for gamers to stream their exploits, it’s evolved into one of the primary venues for live streaming of any sort (along with the ubiquitous YouTube.) Gaming is still a huge component of the audience, to be sure, but a quick look at the homepage reveals that the site even has a Music tab for viewers to browse live performances from any number of artists around the globe. Which makes the platform’s somewhat fraught history with songs and copyright a bit curious, or more likely vexing. 

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Call of Duty Hit With Another IP Lawsuit

The story of entertainment across decades is seemingly one of misappropriation or credit unduly denied, if the historiography of the various composite industries are to be believed. Really, they’re stories about power: who holds it, who doesn’t, and how those with the power are able to use it to exploit those without power or recourse. 

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Does Article 17 Do More Harm Than Good?

If there is anything that has been learned over the past few years of observing the portion of the internet wherein regular folks interact with one another, it’s that moderation and monitoring are hard but necessary chores incumbent upon the platforms that to this point have wanted all of the perks of an enormous user base with with a minimal amount of the responsibility. Hand-in-hand with questions about speech have come concerns about copyright, which as a statutory measure has served as no deterrent at all; if people know about copyright, they often simply don’t care. 

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Google Reaches Deal With French Publishers Over Copyright Payments

One of the paramount concerns of our time (among the seemingly dozens of them pressing down upon us at any given moment) is how to contend with the power of big tech. It’s something that every industry and sector has grappled with, although the matter has been something more existential for journalism and online publications. Where once the vast majority of the population paid for newspapers and magazines as one of the main sources of news, the shift towards everything being online has left most publications in something of a cash crunch, and left companies like Google as something of a hegemon when it came to how people got their news. 

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Minaj, Chapman Settle Copyright Case

In writing about legal cases, whether they be in the sphere of intellectual property or falling anywhere else outside of it, it’s quite easy to spend your attention on the initial battle, ignoring the ongoing fight or the eventual resolution. Largely that’s a function of the legal system itself and the astonishing amount of time it can take a particular case to matriculate through the courts; beginning and end in many instances are separated by years, and repercussion and adjudication matter far less than the fact that the initial filing that’s been largely forgotten as well. 

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Star Trek/Dr. Seuss Mashup Found To Be Not Protected By Copyright Law

To the extent that the internet is a net positive to the world at large (and after the last few years I am open to arguments to the contrary) one of its great gifts is the weird and funny mashups gifted to us by creative folks all over the world. Like peanut butter and chocolate, they take two great things and demonstrate they work well together, or at the very least are odd enough in their juxtaposition to provide the requisite humor. And many creators, for their part, either appreciate the love and creativity that goes into the mashups, or at least recognizes that the work is likely transformative enough to not be subject to a copyright infringement case.

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Happy Belated Public Domain Day!

If you're a fan of the arts, a tradition on parallel with the dropping of the ball in Times Square which was admittedly eerie this year) is the ushering in of the unofficial holiday of Public Domain Day on January 1st.

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Streaming Site Liable For Copyright Infringement of Users

Given what we've seen of how people can behave online, it's probably good and almost certainly necessary that some protections exist for platforms and internet service providers. That's not to absolve the likes of, say, Facebook from moderating what's posted on their site, or taking steps to prevent the violation of laws on the part of users to a reasonable degree; it's simply to note that even with the best efforts of these companies (which, to be clear, we almost certainly aren't seeing) there's not much to be done should people decide to do whatever they want, rules be damned.

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New Proposed Law Would Make Copyright Violations a Felony

I wrote just last week about efforts to place some measure of copyright reform, along with other dull or unpalatable legislation, inside the new spending bill that is grinding through Congress at a pace that can be considered less-than-glacial, given the effects of global warming. To recap: the CASE Act is a flawed attempt at improving existing copyright law with what would be a copyright small claims court, likely opening it up to more abuse on the part of bad-faith actors rather than less, and the danger presented in this anodyne, pro-forma bit of bundling is that no one will care enough about something like IP law to hold up overdue COVID-19 relief.

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Frank Sinatra, Come On! AI Bot Song Covers Get Copyright Complaint From YouTube

Copyright concerns probably don't rate as even a second-order issue when it comes to artificial intelligence, but it is an interesting topic if you're inclined to think of such advances esoterically. What does it mean about us, about our creativity, if a machine is able to replicate it in some manner? Is the idea of creation somewhat diminished, even though the existence of AI requires in and of itself creativity? Will there come a time when human creativity is rendered unnecessary by this AI, and all of our content is generated by machines designed to optimize your enjoyment of it?

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Copyright Issues Keep Chrysler Building Out Of Spider-Man Game

We cover video games here from time to time, in part because, well, I enjoy video games, but also because they provide a fascinating window into copyright issues as they approach greater degrees of photorealism. Just as LeBron's tattoos would never have even been a consideration, much less a problem, a decade ago, the depiction of a city and all its component architecture in a game wouldn't have been conceivable not that long ago. And yet here they are, and with copyright issues in tow.

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Copyright Reform Slated To Be Added to Spending Bill

If you're exhausted of politics (and at this point, who isn't) rest easy; this isn't a post on politics, or at least not politics as we've come to think of it in 2020. The issue at hand harkens back to a simpler time, or at least a time more familiar to those of us who chose to watch how the proverbial sausage was made at a time when there was a choice to look away and go about your life.

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St. Louis Gun Couple In Copyright Fight With Photographer

You could be forgiven if you've forgotten the names Mark and Patricia McCloskey — indeed, you could be counted lucky in that regard. But likely you recall the gun-waving couple that caught national headlines earlier this summer during the Black Lives Matter protests in St. Louis, even if the names attached to those figures failed to stick. They seemed likely candidates for a mere fifteen minutes of fame, but alas, it would appear that the pair that took to their front yard armed with guns might be somewhat confrontational! Who might have guessed?

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Online Anti-Cheating Tool Proctorio Uses DMCA TO Silence Critics

If you'll forgive visiting once more with a frequent topic of this blog, we have to talk yet again about the DMCA. Specifically, about the ability of seemingly any company to use the DMCA for other than what it was ostensibly created, which is to protect copyright on the internet. We've seen the fruits of the maximalist position that most corporations have taken: every video that even makes mention of a product ends up flagged, regardless of the dictates of fair use. It's rote at this point to say that the implementation of the DMCA has been manipulated to the point of near-uselessness, but it's worth saying over and over again, in the hopes something might change.

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RIAA Makes DMCA Claims Against Github Over Video Download Software

There is broad philosophical debate, dating back to the dawn of the advent of tools and other implements manipulated by humans, as to freedom and agency as it regards their use. Plenty of tools are designed to be used for the betterment of the species, and are far more frequently used as such, but can be corrupted for darker purposes. One smarter than myself might argue that such a dichotomy reflects the duality of human nature, but that's likely a bit grandiose for a column on intellectual property. Suffice it to say, every tool is a weapon of sorts in the wrong hands. But does that offer justification to take those tools out of the hands of users?

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TV Reboot Draws Copyright Claim From Original Writer

It's become fairly evident over the past several years that, given enough time, every show you ever loved will return in some fashion, whether that be as a sequel featuring a far-older cast than you remember, or as a rebooted property for a new generation to enjoy, or at least watch. Perhaps it's a mix of the two: the old stars of a teen series now serving as the parents and teachers to a new collection of fresh-faced avatars. The reason for this proliferation is of course money and IP: studios own the IP around those old shows, and more important to this conversation, they trust that old IP more than they do new ideas, for better or worse. And so we'll get new versions of every show until the reach the end of the catalogue and the cycle begins anew.

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Twitch Offer No Explanation To Users For DMCA Takedowns

What makes laws work, or at least what should, is that they are or are at least meant to be prescriptive. Violators should know what they did, and what the punishment for the violation should be, in order that they not offend again. Short of that, the system falls apart; people continue to violate the rules unknowingly because there's no way of knowing what actions might cause them to break those rues. Broadly speaking, that is why rules and laws exist, rather than relying upon the capriciousness of a individual or body to determine what is or isn't a foul.

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