This Week in Intellectual Property, May 6th

This Week in Intellectual Property, May 6th

Rent Check

How can we reverse the decline in Star Wars movie quality? Removing monopoly rights to derivative works and allowing more creation from fans would go a long way to introduce new ideas into a series that seems to be lacking them.


News and Commentary

Comedian Louis CK is claiming copyright protection for his new stand-up tour. In addition to the standard practice of banning recordings during shows, he is claiming that even just reporting on the jokes he makes will be considered copyright infringement.

EFF has a post explaining the problems with the current moderation systems used by social media companies. Included in its list of the 10 major problems are concerns over the working conditions of moderators and the inconsistent nature with which content decisions are made.

The State of North Carolina is claiming they have sovereignty immunity from federal copyright laws. This comes in response to a lawsuit in which a documentary film maker claims the state posted footage without their permission.

The Southern District of New York ruled that Clint Eastwood was unable to claim ownership rights to patents owned by a research group that he helped fund.

Rep. Hakeem Jeffries is proposing a bill that would establish a Copyright Claims Board to handle small claims. You can find the text of the original proposal here.

Stephen Carlisle breaks down a recent Fourth Circuit Court decision on a case between a photographer and a website creator who used one of his photographs. The website creator tried to argue that he could use the picture under “fair use”, but the court disagreed.

In an interesting cross over between US and European politics, the overly-stringent copyright filters that are mandated by the new EU copyright directive have been deleting the Mueller report. This is a great example of the problems with relying on copyright filters.

The Ninth Circuit recently changed the threshold needed to prove copyright infringement. Instead of having to prove “willfulness”, accusers will have to prove the infringing part “should have known” that they were infringing.

Florian Mueller looks at the licensing agreement between Apple and Qualcomm. The $4.5 billion dollar agreement to allow Apple to use Qualcomm chips is significantly less than what Apple would have paid in their original agreement.

The US Copyright Office has completed a study on the morality of IP protection. They concluded that there are three main principles- first amendment, fair use, and integrity interests- that are foundational principles of U.S. law.


New Research

What is behind the recent global rise in innovation tax credits? A new NBER paper explains the theoretical benefits of the incentives and looks at the data to see if they work.

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By |2019-05-06T14:15:10-07:00May 6th, 2019|Blog, Intellectual Property|