Perpetual Innovation

Category: Copyright

  • Photographer Files $1 Billion Suit Against Getty for Licensing Her Public Domain Images

    Photographer Files $1 Billion Suit Against Getty for Licensing Her Public Domain Images [UPDATED] – Hyperallergic:

    Wow. Getty was selling public domain photos to everyone, including the photog herself.

    Getty was notifying people with the images that they must pay money to keep using them (on their own web sites, etc.). So the copyright owner, Carol Highsmith, gets a $120 bill for using her own picture on her own web site.

    Highsmith had donated the pictures to the library of congress for use by the general public at no charge.

    Getty says, no, we were simply providing a service by selling these photos to people.

    You say “potato”, I say “Stolen Tomato”.

    Oh, by the way,

    Highsmith is a really, really good photographer.

    ‘via Blog this’

  • Studio must consider fair use before taking down video, court rules – Fortune

    Studio must consider fair use before taking down video, court rules – Fortune:

    This is a big win for those people who would like to use copyrighted materials in any way they want.

    Simply wind up your baby to copyrighted muzak and press <record>.


    Of course it probably does no great publicity to Prince to have law suits against babies at play with his music.


    The unanimous vote to allow the mom to use the prince music centers around fair use.

    Here’s the key quote from this article:

    Fair use, as the court made clear, is an independent right that permits people to use copyrighted material in certain situations such as parody or news reporting. Under the law, there is a four-part test for fair use but, for practical purposes, the deciding factors are usually whether the new work is transformative and if it will impact the market for the original work.

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  • The Refractive Thinker® Radio Show: Trademark, Patents, and Perpetual Innovation 07/07 by Cheryl Kulikowski Lentz | Entrepreneur Podcasts

    The Refractive Thinker® Radio Show: Trademark, Patents, and Perpetual Innovation 07/07 by Cheryl Kulikowski Lentz | Entrepreneur Podcasts:
    (30 minute broadcast on BlogTalkRadio.)
    This is an interview with Dr. Elmer Hall about Intellectual Property and the types of information included in the Patent Primer 3.0.

    Hall talks about the basic processes that entrepreneurs can take to capitalize on Intellectual Property (IP). This interview is an excellent overview of that the approaches that creators and inventors should consider in bringing IP protection to their creative efforts.

    The books (and eBooks) in the Perpetual Innovation(tm) series are:

    Hall, E. B. & Hinkelman, R. M. (2013). Perpetual Innovation™: A guide to strategic
    planning, patent commercialization and enduring competitive advantage, Version
    2.0    . Morrisville, NC: LuLu Press. ISBN: 978-1-304-11687-1  Retrieved from:     http://www.lulu.com/spotlight/SBPlan
    Hall, E. B. & Hinkelman, R. M. (2015). Perpetual Innovation™: Patent primer 3.0:
    Patents, the great equalizer of our time! An overview of intellectual property
    for inventors and entrepreneurs.     Morrisville, NC: LuLu Press. ISBN: 978-1-329-17833-5  Retrieved from:     http://www.lulu.com/spotlight/SBPlan
    Hall, E. B. & Hinkelman, R. M. (2015). Perpetual Innovation™: Patent primer 3.0e:
    Patents, the great equalizer of our time! An overview of intellectual property
    with patenting cost estimates for inventors and entrepreneurs.      [Amazon Kindle eBook].  ASIN: B010ISU7ZG  Retrieved from:     http://www.amazon.com/dp/B010ISU7ZG   
    Hall, E. B. & Hinkelman, R. M. (2015). Perpetual Innovation™: Innovator’s  primer 3.0: The basics on intellectual property protection for the creator and inventor.  Morrisville, NC: LuLu Press.  ISBN: 978-1-329-23954-8  Retrieved from: http://www.lulu.com/spotlight/SBPlan  
    Hall, E. B. & Hinkelman, R. M. (2015). Perpetual Innovation™: Innovator’s  primer 3.0e: The basics on intellectual property protection for the creator and inventor.   [Amazon Kindle eBook].  ASIN: B0115BG35I  Retrieved from: http://www.amazon.com/dp/B0115BG35I   

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  • copyrights win, kindof. Aereo gets hammered pirating broadcast content, kindof

    Justices Rule Aereo Violates Broadcasters’ Copyrights http://online.wsj.com/articles/supreme-court-rules-against-aereo-sides-with-broadcasters-in-copyright-case-1403705891
    Interesting ruling today. Kind of reminds you of the old NAPSTER daze when pirating muzak was king, and paying for music was passe.
    This is interesting. So you can not necessarily pay someone to put up rabbit ears for you, and steam you the air broadcast shows. The commercials would still be in the live shows, right. So the only difference is that you got someone else to record it for you, and give you the playback options. The BIG winners are the cable guys, who already have a local monopoly, and only partially kept honest by the satellite duopopoly. See what CEO Chet Kanojia had to say about the ruling.
    Watch as the major content providers jumped in trading today, based on this ruling.
    I wonder if this move against smaller and innovative options will not stop the anti-trust rulings associated with the AT&T and DirecTV merger?
    This might shift people to totally pirated options where they don’t pay anything (except the price of adware and viruses).
    Note that the ruling tried to  be very focused and narrow as it pertains to “cloud computing”. Not knowing where the clouds might go, the judges didn’t want to get too far out in front of the foggy future of innovation.
    Napster got shut down from their music-sharing and went out of business, but the piracy of muzak — as Celion will chant to you — goes on, and on.

    The opinion of the court is here: http://www.supremecourt.gov/opinions/13pdf/13-461_l537.pdf 

  • Strong Copyright Law supports journalism and more

    This is a great editorial by Caroline Little (June 8, 2014) on the value of good journalism and the part that IP law plays in supporting good journalism:
    TBO: news-opinion-commentary/strong-copyright-law-supports-journalism-and-informs-communities
    We totally agree.
    The parallel problem is with pirating, knock off, and just plain duplication. It Is hard to make money on something, when most of the copies sold are illegal sourced or counterfeit.
    The additional problem, now, is that everyone has a license to write, the solo publisher and the blog journalist.
    There needs to be protection for the people who do the real work and the real research.
    There also needs to be accountability for everybody, those who generate content and those who perpetuate it.
    Ideally, there needs to be ways to “call out” those who would borrow and steal the works of others.