четверг, 25 августа 2011 г.

News from the United Kingdom

Noises off: the little horrors of copyright

In this week's bloggers' roundup: is copyright cramping creativity? And what's with all the artistic manifestos?










Nothing broken ... Sheridan Smith and Paul Keating in a legitimate production of Little Shop of Horrors at Menier Chocolate Factory. Photograph: Tristram Kenton

Let's turn first of all to the tricky issue of copyright. Nick Olivero of Boxcar theatre recently got his fingers burnt when he directed a production of Little Shop of Horrors. As part of the creative process, he incorporated elements from both film versions of the show, and he also used text from The Rocky Horror Picture Show and dialogue that he had written himself. As he describes in this open letter to the theatrical community, the excellent reviews the show received were not enough to stop the licensing agency for Little Shop forcing him to cancel the run once they had found out what was going on. He accepts that his actions broke the licensing agreement and that they therefore had the right to shut his show down. But this leads him on to ask exactly where the line should be drawn, from an artistic point of view, when it comes to adapting existing work. He asks: "If 'we' can collectively agree that William Shakespeare was the greatest playwright of all time, yet every producer, director, actor, and playwright deems it appropriate to cut and revise his work, then who is to say that any other writer shouldn't be edited as well?"

This is an issue that is of great interest to Isaac Butler. In terms of the specific example of Boxcar's show he has little sympathy with them for what happened – as he puts it: "This isn't a new work with a new title built out of borrowed building blocks, this is a production that billed itself as Little Shop of Horrors and wasn't." But from a more general point of view, he does think that we need to find ways of "loosening and restructuring (without getting rid of) copyright law". The current system, he argues, "discourages creativity and innovation (at least in the arts) by turning our creative work into 'property' to be protected, forever, if possible." Rather, he says, we should be trying to develop "two systems of permissions, a loose one for art and a tight one for advertising". This would allow creative artists to exploit extant work for artistic purposes while still preventing commercial operators from unfairly profiting from the work of others. It's a nifty idea – and one that might allow artists to flourish creatively and financially.

Noises off also finds its eye caught by the fact that various artists have been setting out their views on what theatre should be. Take this manifesto by Diana Damian, for instance. She's concerned by the isolationist nature of the UK's theatrical culture, and says that the UK is becoming increasingly "insular, introducing imaginary borders, immigration caps, false illusions of independence and cultural supremacy". She felt this particularly acutely when, at a recent conference that she took part in, which brought together theatremakers from all over Europe, she discovered that "The most disappointing aspect of the three-day session is also the most embarrassing. My colleagues are almost as literate about our local performance culture as I am, but I know little of theirs." She goes on to argue that it is the responsibility of theatres and festivals to actively foster this kind of interchange, and suggests that the BAC's One-on-One festival is a good example of how this can be done. She concludes: "Cultural context and shared meaning are crucial tools to break through the uncertainty of the current socio-political landscape." Perhaps by fostering collaboration and diversity in our artistic output, we can help bring about change at a political level.

Another manifesto comes from the American theatremaker Richard Montoya. A founder member of the radical theatre group Culture Clash, his artistic statement takes a poetic form that bears a passing resemblance to Allen Ginsberg's remarkable poem Howl. It's a complex piece of writing which takes some unpacking, but one of the key points can be found when he says:

"Whatever my theater is it will have grace in a violent world
and worlds that spin about us.
My political theater is an act of love. My Chicano specificity
is universal – my mind matured with a world view void
of the dead end road of identity politics. I am interested in you.
Academic, anarchist, artistic director, actor, writer,
provocateur, Hollywood refusnik!"

The idea of finding "grace in a violent world" is a rather beautiful one. Maybe it's something that all art should be aiming for.

News from the Patent office of China

Fujian: Taiwan Test Takers in Patent Exam

For the first time open to Taiwan applicants, 234 of the island's residents have signed up to take the mainland patent exam on Nov 5 to 6.

Fuzhou, capital of Fujian province on the Taiwan Straits, is the only site open to Taiwan test takers.

After passing the exam and securing a patent agent qualification certificate, Taiwan participants will then need a one-year internship at a patent agency on the mainland before becoming eligible for a license to practice.

2011-08-24

Inner Mongolia: Center for Cross-Straits Exchanges

Inner Mongolia Agricultural University (IMAU) announced on Aug 9 that is has completed genome sequencing on four Mongolian Plateau species - the Mongolian sheep, cow, horse and the Alxa camel.

The work by IMAU and genome sequencing center BGI began in 2010.

"This is the first time that Chinese scientists completed proprietary whole genome sequencing on Mongolian Plateau species," said Zhou Huanmin, head of the project team and also director of Science and Technology at IMAU.

The research results are of value for genetic analysis on potential economic benefits and provide the foundation for further development and protection of Chinese livestock species, experts said.

2011-08-24

Jiangsu: IP Dispute Mediation Commission

An intellectual property dispute mediation commission was founded in July as part of the Changzhou Intellectual Property (IP) Rights Center.

With five mediators, a director and a deputy director, the commission is authorized by courts and IP administrations

to help settle disputes at lower costs and with greater efficiency than legal proceedings, said Jiang Honglu, president of the city's intermediate court.

2011-08-24

Shanghai: Probation, Fine for Fake Bags

A young couple received a year of probation and a 50,000 yuan fine from a Minhang district court for selling fake branded bags.

Gu Zhi and his wife Qin Mei, both in their 20s, from neighboring Anhui province began selling counterfeited leather bags at a rented shop in November 2009.

Police found 185 copycat bags and wallets with potential retail value of 868,000 yuan at their shop during a raid in January. The faked brands included LV, Chanel and Gucci.

2011-08-24

Beijing: New Support for Small Startups

Special policies to support small businesses are expected to be released in the second half of this year, according to sources close to policymakers.

Resolving the financing difficulties faced by small businesses is a priority in the 12th Five-Year Plan period (2011-2015), said Liu Gongxiao, a director of the Mechanical Industry and Information Center, a think tank associated with the National Development and Reform Commission (NDRC) - the nation's top economic planner - and the Ministry of Industry and Information Technology (MIIT).

Private capital will be encouraged to invest in small businesses, especially high-tech startups in renewable energy, new materials and biomedicine, Liu said.

Various additional intermediary service agencies will also be established to help reach more small businesses, he added.

The State Council is organizing multiple departments to conduct research into the policies. The NDRC and MIIT began seminars and surveys about small businesses nationwide in August.

2011-08-24

Beijing: Patents on auction in November

Seven patents from the United States and Hong Kong will be among 307 items auctioned in Beijing in October.

"They are all patents in the consumer electronic field and have good prospects for application," said Li Zhonghua, assistant president of the China Technology Exchange, one of the auction's organizers.

It will be second session for the auction following its inauguration at the end of last year, when 41 percent of patents on auction were sold at an average price close to 110,000 yuan ($17,206).

2011-08-24

среда, 24 августа 2011 г.

News from the United States

Google acquires Motorola for $12.5 billion

In Аugust 2011, United States

Google has announced that it has acquired Motorola Mobility - and its patent portfolio - for $12.5 billion, or $40 per share in cash, a transaction that was unanimously approved by the boards of directors of both companies.

Motorola Mobility will remain a licensee of Android and Android will remain open. Google will run Motorola Mobility as a separate business.

Larry Page, chief executive of Google, said, "Motorola Mobility's total commitment to Android has created a natural fit for our two companies. Together, we will create amazing user experiences that supercharge the entire Android ecosystem for the benefit of consumers, partners and developers. I look forward to welcoming Motorolans to our family of Googlers."

Sanjay Jha, chief executive of Motorola Mobility, said, "This transaction offers significant value for Motorola Mobility's stockholders and provides compelling new opportunities for our employees, customers, and partners around the world."

He continued: "We have shared a productive partnership with Google to advance the Android platform, and now through this combination we will be able to do even more to innovate and deliver outstanding mobility solutions across our mobile devices and home businesses."

Analysts and commentators have raced to scrutinize the real motives behind Google's purchase of Motorola and many come to the conclusion that the deal was impelled out of desire to protect Android from further patent lawsuits using Motorola's strong patent portfolio.

But how strong is it? Many analysts have asked this and some have come to the conclusion that yes, this portfolio will help solve a few of Google's ongoing litigation issues concerning its Android system.

The newly acquired patent portfolio might prove to be particularly helpful against Oracle, presenting some interesting cross-licensing opportunities with Motorola's networking and video encoding patents, said one anonymous commentator who is said to be close to the situation.

Google's purchase of Motorola follows the search giant's recent shopping spree at IBM where it acquired just over 1,000 technology patents. At the time, a spokesperson from Google said that "Like many tech companies, at times we'll acquire patents that are relevant to our business."

News from the United Kingdom

Partial victory for EMI in MP3tunes battle

23 August 2011, US

EMI Group has won a partial victory against online music storage site MP3tunes after the site was found liable for contributory copyright infringement.

US District Judge William Pauley in Manhattan ruled today that MP3tunes contributed to infringement when it failed to remove unauthorised songs from its website after being informed about them.

Pauley also ruled that MP3tunes's founder and CEO Michael Robertson, was liable for direct infringement for personally transferring songs digitally from websites that were not authorised to provide them.

In the court document, Pauley states, "Users of MP3tunes unlawfully copied songs from unauthorised third-party websites."

However, Pauley did side with MP3tunes in regards to the safe harbor provision of the Digital Millennium Copyright Act (DMCA), thus ruling against some of EMI claims.

The safe harbor protection does not apply to instances in which MP3tunes users got songs from unauthorised sites and stored them on the website. He also dismissed claims that MP3tunes employees were liable for infringement by downloading 171 songs.

He wrote, "While a reasonable person might conclude after some investigation that the websites used by MP3tunes executives were not authorised to distribute EMI's copyrighted works, the DMCA does not place the burden of investigation on the internet service provider."

Copyright infringement is a thorn in the music industry's side due to profit losses. On 12 May, the now defunct file sharing site LimeWire agreed to pay record companies $105 million to end a federal trial over infringement damages.


BBC accused of "looting" copyrighted pictures from Twitter

Tuesday 23 August, United Kingdom

The BBC has become embroiled in a row over the use of photographs uploaded to social networking sites such as Twitter, after claiming that such photographs were in the public domain and therefore not protected under copyright law.

The corporation later retracted its position but continued to anger photographers' groups because it insisted that it would still use such pictures without permission if it deems it in the public interest to do so.

The row stems from the BBC's online coverage of the London riots earlier in August when it attributed pictures it published on the events as "from Twitter". This led to a complaint from online blogger and amateur photographer Andy Mabbett who said that some of his pictures of the riots had been published on the BBC website without correctly identifying him as the source.

In a letter to Mabbett, the BBC responded, "Twitter is a social network platform which is available to most people who have a computer and therefore any content on it is not subject to the same copyright laws as it is already in the public domain."

That response caused a backlash from the photographer community forcing the channel to reconsider the complaint. Its social media editor, Chris Hamilton, wrote on the BBC's blog, "We've looked into the response that was sent [to Andy Mabbett]. It essentially stated such content was ‘not subject to the same copyright laws as it is already in the public domain'... Unfortunately, this is wrong, and the response doesn't represent BBC policy. We apologise for any confusion it caused. Another direct response, and apology, is being sent to Mr Mabbett."

However, controversially, Hamilton added, "In exceptional situations, where there is a strong public interest and often time constraints, such as a major news story like the recent Norway attacks or rioting in England, we may use a photo before we've cleared it".

The row highlights a grey area in copyright law over the use of images posted on social networking sites such as Twitter and Facebook. While Twitter insists the original owner of a picture still retains the copyright, its terms and conditions contain provisions which allow it to redistribute images posted on its site to third parties without permission.

The Daily Mail newspaper ran into a similar controversy recently when it too used a picture taken from Twitter, attributing it to the photographer's Twitter name, @wonderlandblog, and to Twitter. According to reports the photographer, Alice Taylor, had already refused the newspaper permission to use the photograph without paying a licence fee.

In a separate case in the US, freelance photographer Daniel Morel has taken news organisation Agence France Presse to court after it published images of the 2010 Haiti earthquake Morel posted on Twitter. According to Agence France Presse, Morel had implicitly granted a non-exclusive licence to third-parties to use the images. However, a judge dismissed Agence France Presse's claim, allowing the photographer to move forward with his copyright infringement case against the news agency and Getty Images.