Office suggests overhaul
The US Copyright Office has proposed changes to the way that
music is licensed, as reported by Vox under the catchy title
"This horribly dull government report could change music
forever. We read it for it for you".
245-page report gives recommendations that Vox said would
give an advantage to the Performance Rights Organizations and
upend the business models of some digital streaming
"As a number of commenters remarked during the course of
this study, if we were to do it all again, we would never
design the system that we have today," the report says. "But as
tempting as it may be to daydream about a new model built from
scratch, such a course would seem to be logistically and
politically unrealistic. We must take the world as we find it,
and seek to shape something new from the material we have on
The report’s idea are summed up by Vox as:
creating some sort of database that would allow for
transparency about who owns the copyrights to songs;
federalizing songs recorded before 1972; changing which rights
fall under compulsory blanket licensing and which rights will
be subject to case-by-case negotiations; and reconsidering the
antitrust decrees helping ASCAP and BMI.
hears Katy Perry’s lawyers roar
A 3D printing website has been ordered to
take down a design for the "Left Shark" dancer from Katy
Perry’s Super Bowl half-time show. Left Shark went
viral because the dancer seemed to forget the dance moves for
Lawyers for Perry sent a cease and desist letter to
Shapeways.com after Fernando Sosa posted his design for Left
Shark on the website for download for $24.99.
Gigaom reported that Sosa responded by posting the design
for free on
Thingiverse (see right).
unauthorised display and sale of this product infringes our
client's exclusive rights," said the letter from
Perry’s lawyers, which Sosa
posted on Instagram.
69% success for
Alice motions in 2015
Some 69% of motions seeking a determination of invalidity
for unpatentable subject matter have been granted in 2015 so
according to figures from Docket Navigator. This is up from
58% in 2014 and just 25% in 2010.
The Supreme Court’s Alice v CLS
opinion in June last year caused
a surge of rulings on Section 101 for the rest of 2014.
According to Docket Navigator, 13 of these types of motions
have been filed in 2015 so far. At this rate, 140 of these
motion would be filed by the end of the year. In contrast, only
11 were filed in the whole of 2011 and eight in 2010.
The most recent motion to be granted came on February 3,
when the Middle District of Pennsylvania granted the
plaintiff’s motion for summary judgment that
defendant’s hypothesis testing patents were
invalid for lack of unpatentable subject matter because there
was no inventive concept, in Minitab v
In-house scared of
A new survey of US general counsel and chief legal officers
reveals that intellectual property is uppermost in their minds,
reports the Wall Street Journal’s law
Top of the concerns in this year’s survey by
the Association of Corporation Counsel was ethics and
compliance, followed by data breaches and protection of
The third worry, however, was getting hit with intellectual
property lawsuits, especially those filed by patent assertion
Veta Richardson, president and CEO of the Association, told
Law Blog: "Patent trolls used to just try to pick off the
smaller companies, the smaller inventors. But now
they’re going for the bigger targets, trying to
extract quick settlements."
Those in-house listing this as a concern will probably have
been pleased to see Bob Goodlatte
introduce the Innovation Act in the House of
Representatives this week.
TTAB says no to "Princess Kate"
The TTAB has affirmed refusals to register "Princess Kate"
and "Royal Kate" for cosmetics jewelry, handbags, bedding, and
clothing, finding that the marks falsely suggest a connection
with the Duchess of Cambridge, as
reported by the TTAB Blog.
The precedential ruling also found that registration were
also barred by Section 2(c) because the marks consist of or
include a name identifying a particular living individual
without her consent.
Also on the blog this week:
Concerns over Europeanisation of IP
In our news and analysis this week:
Goodlatte reintroduces Innovation Act
Just published: 2015 patent firm
Delhi High Court reprimands patent office over
France's INPI joins TM Class
Data: the busiest companies at the PTAB in
China’s draft patent enforcement
guidelines may not be enough
Reaction to the Federal Circuit’s
Federal Circuit issues opinion on first IPR
UK government backs diversity task
Further details of USPTO’s SAWS
Kilpatrick Townsend hires DC chemistry and
life sciences team
Guess wins French round of Gucci trade mark
Dentons and Dacheng deal creates world's