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Category Archives: Intellectual Property

Returning Authors’ Rights: The Authors Alliance/Creative Commons Termination of Transfer Tool

“Welcome to the Authors Alliance/Creative Commons Termination of Transfer tool. This page explains what termination of transfer is all about and what this tool does. Termination of transfers: Get rights back! Creators of all kinds routinely transfer rights to their works (by signing publication contracts that assign copyright to their publishers, for example). While many of these agreements last “for the life of copyright” (which under current United States law generally means seventy years after the author dies), the law takes into account that these terms can ultimately be unfair to authors and artists. This is where “termination of transfers” come in. In the United States, authors can use the termination of transfers laws to regain the rights they have signed away. But because the law is complex, and because it requires that authors wait years or decades to take advantage of it, creators need to be patient, savvy, and persistent to exercise this right. Many people use terminations because their works are tremendously successful, and they want to recapture rights to enjoy more of their work’s financial success. Many others find that their works are no longer as available as they might wish. Their books might be out of print, or their songs might not be digitized or available online. For creators who want their works to be widely shared and enjoyed—who want to take advantage of a vibrant internet that might not have existed when they signed that contract all those years ago—terminations are a powerful option for getting their works back out in front of audiences. Whatever they choose to do, it is important that creators know this law exists, and that they feel empowered to take advantage of it. Authors Alliance and Creative Commons developed this tool to raise awareness of the law and its importance to creators who want to share their works widely. What does this tool do? This tool is designed to raise awareness of the termination of transfer provisions, to encourage authors to figure out whether the termination rights of U.S. copyright law may be relevant to their works, and to help people understand how termination of transfer works. It does so with explanatory materials and by explaining how hypothetical scenarios would work under the laws for termination of transfer. Once authors and other users understand how termination of transfer works, they can seek licensed legal counsel who can assist in determining whether termination rights do in fact exist, and in exercising any existing termination rights. Remember that this tool is provided for educational and awareness-raising purposes only—it is not legal advice or analysis and cannot substitute for the services of an attorney. Where to start? For a more details about the tool, please read our Overview page. See our Useful Documents page for suggestions about where information about a work may be found. If you would like additional information about the law surrounding the termination of transfers provisions or this tool, please take a look at our FAQ. And for definitions of important terms, take a look at our Glossary. To start working through the tool, click the “start” button here.”

Intellectual Property for the Twenty-First-Century Economy

Intellectual Property for the Twenty-First-Century Economy, Joseph E. Stiglitz, Dean Baker, Arjun Jayadev. October 17, 2017. “Developing countries are increasingly pushing back against the intellectual property regime foisted on them by the advanced economies over the last 30 years. They are right to do so, because what matters is not only the production of knowledge,… Continue Reading

New on LLRX – AI And The Rule Of Law

Via LLRX – AI And The Rule Of Law – Our exposure to and reliance upon an increasingly ubiquitous range of technology is intertwined with issues related to intellectual property law. With smartphone cameras used to capture and share what their respective creators otherwise claim as intellectual property, to the devices, services and applications that… Continue Reading

Online translation applications may pose security risk

Quartz: “…On Sept. 3, the Norwegian news agency NRK reported that sensitive Statoil information—contracts, workforce reduction plans, dismissal letters, and more—were available online because employees had used the free translation service Translate.com, which stored the data in the cloud. The news traveled fast in Scandinavian countries. In response, the Oslo Stock Exchange even blocked employee… Continue Reading

New on LLRX – The ‘internet of things’ is sending us back to the Middle Ages

New on LLRX.com – The ‘internet of things’ is sending us back to the Middle Ages The Internet of Things (IoT) has permeated all facets of our lives – professional, family, social – more quickly and expansively than many are willing to acknowledge. The repercussions of IoT are multifaceted – and directly impact issues that… Continue Reading

Intellectual Property in the New Technological Age: 2017 – Chapters 1 and 2

Menell, Peter S. and Lemley, Mark A. and Merges, Robert P., Intellectual Property in the New Technological Age: 2017 – Chapters 1 and 2 (July 18, 2017). Intellectual Property in the New Technological Age 2017: Vol. II Copyrights, Trademarks and State IP Protections; ISBN-13: 978-1945555077; UC Berkeley Public Law Research Paper; Stanford Public Law Working… Continue Reading

New Yorker – Who Owns the Internet?

Who Owns the Internet? What Big Tech’s monopoly powers mean for our culture. “…Today, just about everybody uses it for everything. Even as the Web has grown, however, it has narrowed. Google now controls nearly ninety per cent of search advertising, Facebook almost eighty per cent of mobile social traffic, and Amazon about seventy-five per… Continue Reading

Internet Archive – 78rpm Records Digitized by George Blood, L.P.

Internet Archive post: “Through the Great 78 Project the Internet Archive has begun to digitize 78rpm discs for preservation, research, and discovery with the help of George Blood, L.P.. 78s were mostly made from shellac, i.e., beetle resin, and were the brittle predecessors to the LP (microgroove) era.  @great78project for uploads as they happen. The… Continue Reading

Implementation of Agreement between US and China on Science and Technology

U.S. Department of State Case No. F-2016-03522 Doc No. C06306089 Date: 05/11/2017 UNCLASSIFIED – Implementation of Agreement between the United States and China on Science and Technology Public Law 107-314. [via FAS] “Federal agencies continued to advance a range of U.S. objectives during the reporting period between January 1, 2014, and December 31, 2015. During… Continue Reading

Legal Issues: IP Asset Valuation and IRS Scrutiny

“The structure of a large corporation can often be a very complex conflagration of parent corporations, divisions, subsidiary corporations, sister corporations, holding companies, merged entities, corporate spin-offs and the like. Tracking down all of the related relationships between these entities can be an equally complex process of deep investigation into federal, state, tax, credit and… Continue Reading

Presidential Executive Order on Establishment of American Technology Council

Presidential Executive Order on the Establishment of the American Technology Council, Executive Order, May 1, 2017 “Purpose.  To promote the policy set forth in section 1 of this order, this order establishes the American Technology Council (ATC). …Sec. 6. ATC Functions. (a) The principal functions of the ATC shall be to: (i) coordinate the vision, strategy,… Continue Reading

New on LLRX – Google Books is not Alexandria redux

Via LLRX.com – Google Books is not Alexandria redux – Chris Meadows revisits a subject, Google Books, that has been the focal point of legal action, disagreement within the publishing and library communities, and basically an issue lacking closure concerning the end product. Meadows reiterates the Second Circuit finding on Google Books and fair uses… Continue Reading