Intellectual Property

Help the EFF Save Podcasting

The Electronic Frontier Foundation, an organization long committed to protecting and fighting for digital rights, is looking for help to save podcasting. Personal Audio LLC has filed a number of lawsuits over the past few months and is asserting a patent on podcasting. The company has also sent letters to some podcasters demanding financial compensation for use of their technology.

The EFF is taking action to challenge Personal Audio's claim, but are asking for help to do so. According to an EFF release: "To do this, we need to find publications from before October 2, 1996 that disclose similar or identical ideas (this also known as prior art). The best prior art will include publications describing early versions of podcasting or any other kind of episode distribution over the Internet."

Since podcasting is an integral part of fandom for many and because it is likely that examples of prior art could be drawn from fandom circles, we're boosting the call. The EFF has a long history of working in the best interests of fans (including their recent work on behalf of fans who lost files as a part of the Megaupload shutdown).

If you know of any examples of prior art in this case, please submit them at the EFF's Ask Patents page or e-mail them to podcasting@eff.org. You can also read the full EFF blog post for more information.

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What Fans Should Know About Amazon's Kindle Worlds Program

There's been a lot of talk about Kindle Worlds lately, and the OTW has received some questions about its legal implications. The OTW has long maintained that noncommercial fan fiction is fair use, and Amazon's new program does not change that in any way. It also doesn't change anything about the AO3's continued mission to provide a permanent platform for noncommercial fan fiction. (And don't forget, works on the AO3 are readable on the Kindle and other handheld platforms.)

So should fan writers put their works on Kindle Worlds? That is, of course, up to you. We believe that every author should make up their own mind about whether they want to publish their work on a particular platform. However, we also believe that every person should have a full understanding of the terms they are agreeing to by doing so. We've reviewed the information Amazon has made available to date, and have tried to explain the practical implications in this post.

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OTW Fannews: Collective action

Fans and the general public are becoming less tolerant of corporate overreaches in copyright claims. A crackdown on Etsy vendors marketing Firefly-related hats caused sufficient outrage that one outlet selling the licensed hats decided to donate its profits to a Firefly charity. Yet as The Mary Sue pointed out, at least part of the anger was because now that "Fox has actually decided to license merchandise based on the ten year old television series" they're "taking shots at the smaller, unlicensed retailers that have been serving the market niche they’ve been ignoring."

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OTW Fannews: The places fanfiction goes

NYU's student newspaper decided to feature fanfiction with a particularly local angle -- fanfiction set on its campus. "Remember when you were waiting for your acceptance letter? Whether NYU was your dream school or just your safety, you’d catch yourself longing for the city, dreaming of the day when you’d leave your home for the magic of New York...You weren’t the only one dreaming. In fact, some would-be students have dedicated hundreds of pages to their NYU-centric fantasies. So focused are these writers’ efforts that NYU Fanfiction has swelled into its own thriving—if slightly inaccurate—genre."

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OTW Fannews: Giving people what they want

Slate wrote about how badly the DMCA affects accessibility of technology from ebooks to online videos. "[P]ublishers, video programmers, and other copyright owners lock down digital content with digital rights management technology designed to limit users’ ability to access, copy, and adapt copyrighted works to specific circumstances. And copyright owners frequently fail to account for the need to adapt DRM-encumbered works to make them accessible to people with disabilities.

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Canadian Copyright Law Q&A - Part 3

This is the last in a series of Q&A posts with Graham Reynolds, a Canadian copyright scholar from Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. The Q&A focuses on Bill C-11, which went into effect near the end of 2012 and made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. The first post, in which Graham answered questions about the general contours of the law and about the law of "fair dealing", is available here. The second post, in which Graham answered questions about the probable effect of the law on fanfiction, fanart, and fanvids, is available here.

Today, Graham addresses Canadian "moral rights," trade-mark rights, and rights of personality; and what the new law means for fanwork creators outside of Canada. Graham explains that creators of noncommercial fanworks may face challenges under Canada's moral rights law, which encompasses rights to integrity and attribution. Creators of non-commercial fanworks are less likely to face problems from Canadian trade-mark laws, but the answer regarding rights of personality is more complicated. Graham also explains that the law may have some impact on fans who are located outside Canada, because the law applies to some Internet activities.

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Canadian Copyright Law Q&A - Part 2

This is the second in a series of Q&A posts with Graham Reynolds, a Canadian copyright scholar from Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. The Q&A focuses on Bill C-11, which went into effect near the end of 2012 and made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. The first post, in which Graham answered questions about the general contours of the law and about the law of "fair dealing", is available here.

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OTW Fannews: Fair Use and the Modern Fan

On the Media aired an episode on the Past, Present and Future of Ownership, which included a number of good stories, including discussion of the art piece 'DRM Chair' "that collapses after just eight uses." Host Brooke Gladstone concluded with an observation on the origins of the word 'property.' "Eight hundred years ago or so, property’s meaning was pretty much related to the essential nature of something, as in it’s the property of water to conform to the shape of the vessel it’s in. The fact is property didn’t come to mean possession until the 17th century...Now our world runs on property...Once we dwelled in a brick-and-mortar world. Now, as poet Kenneth Goldsmith observed, we swim in a digital ocean. The only certainty is that in such a fluid situation, 20 years hence, property will not mean what it means today." (Transcripts available)

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Canadian Copyright Law Q&A - Part 1

Near the end of 2012, a law called Bill C-11 made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. With that in mind, we're bringing you a series of Q&A posts written by Graham Reynolds, an Assistant Professor at the Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. Graham teaches and researches in the areas of copyright law, intellectual property law, property law, and the intersection of intellectual property and human rights, so he's the perfect person to explain how the changes are likely to influence the law of fanworks in Canada.

We posed a series of questions to Graham, and will be posting his answers in this space over the next couple of weeks. These answers aren't legal advice, and if you need specific legal advice Graham (and we) advise you to consult with a lawyer and/or send a query to the OTW Legal Committee.

Today, Graham answers two questions: first about the general contours of the law, and second about the law of "fair dealing" (which is a like the U.S. concept of "fair use," but as explained below, is somewhat different) In the latter, Graham walks through the requirements of what it takes for a fanwork to be considered "fair dealing" under the law.

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OTW Fannews: Fanworks and the public domain

Posting on Mondaq, a legal, regulatory and financial commentary site, law firm Duane Morris offered advice to people about paying more attention to Terms of Service language at the sites where they post. "Smash Pictures produced a porn/adult movie entitled Fifty Shades of Grey: A XXX Adaptation. A predictable result was a lawsuit by Fifty Shades Limited and Universal City Studios, who own rights to the book franchise and movies respectively...the defendants raised an intriguing argument in Counterclaim, namely that the copyrights in the Fifty Shades of Grey books are invalid -- and free for everyone to use -- because 'as much as 89% of the content of the allegedly copyrighted materials grew out of a multi-part series of fan fiction called Masters of the Universe based on Stephanie Myer's Twilight novels'...So a distinctive point in the case was the role of the fan fiction site's user terms of service."

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