Koons and Christo

Jeff Koons is at it again. He’s been sued for copyright infringement, this time by an artist who created an advertisement for a French clothing brand, Naf Naf. You can see images of the original advertisement and of Koons’s adaptation at the following links: http://www.madmoizelle.com/jeff-koons-accuse-plagiat-naf-naf-308064 http://news.artnet.com/market/jeff-koons-sued-for-plagiarism-201510 http://www.glamourparis.com/snacking-du-web/articles/l-artiste-jeff-koons-accuse-d-avoir-plagie-une-publicite-naf-naf/24616 Koons has been sued often enough that it’s reasonable to conclude that he is not merely playing with impressions of art (well or…

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The Future of Copyright: Teaching

IP law seems to be moving so quickly these days that figuring out how to teach it and what to teach is ever more challenging. ¬†This month (December), I’m grading final Fall papers and preparing for Spring courses, and that means deciding — again — what to do with Copyright Law. Last year a student comment made me pause in a way that student comments rarely do. Reviewing last Spring’s…

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Is Hachette Being Hoisted by Its Own DRM Petard?

Rebecca Tushnet points to this column by Cory Doctorow arguing that Hachette is being held hostage in its fight with Amazon over e-book versions of its books because of its “single-minded insistence on DRM”: “It’s likely that every Hachette ebook ever sold has been locked with some company’s proprietary DRM, and therein lies the rub.” Doctorow argues that because of the DMCA Hachette can no longer get access, or authorize…

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Oracle v. Google Reversed – Why Framing Matters

Two years to the day since my last blog post on this subject, the Federal Circuit has reversed¬†Judge Alsup’s ruling that the Java API (the list of function and variable -a/k/a parameter- names) is uncopyrightable. The Federal Circuit held that the structure, sequence, and organization of the APIs renders them sufficiently original and non-functional to be copyrightable. As such, the case is remanded to determine whether there is fair use…

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Are You Missing the Market, Aspen?

Professors are in an uproar over Aspen Publisher’s new rules for textbooks. In short, if you thought you could buy a book and do what you wanted after that (i.e. sell it used), Aspen wants to change that system. Instead of a true, unbundled digital option, it has a system where students buy both a physical textbook and a “lifetime” digital book. Too bad as there is a market opportunity…

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