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Archive for the ‘intellectual property’ Category

CRS — Money for Something: Music Licensing in the 21st Century (May 7, 2015)

May 14, 2015 Comments off

Money for Something: Music Licensing in the 21st Century (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

Taylor Swift made headlines around the world when she, in conjunction with other holders of rights to her music, pulled her entire catalog of music from the digital steaming service Spotify in November 2014. As a songwriter, a composer, and a singer, Ms. Swift is entitled to get paid for (1) the reproductions and performances of the notes and lyrics she creates (the musical works), as well as (2) the reproductions and performances of the sound of her voice combined with the instruments (the sound recordings). The amount Ms. Swift gets paid for her musical works and sound recordings depends on market forces and on contracts among a variety of private-sector entities. These forces and contracts are greatly affected by federal copyright law.

The laws that determine who pays whom in the digital world were written, by and large, at a time when music was distributed mainly via radio broadcasts or physical media, such as sheet music and phonograph records, and when each of these forms of distribution represented a distinct channel with unique characteristics. With the emergence of the Internet, Congress updated some copyright laws in the 1990s. It applied one set of laws to digital services it viewed as akin to radio broadcasts, and another set to digital services it viewed as akin to physical media. Since that time, however, consumers have increasingly been consuming music via digital services that incorporate attributes of both radio and physical media. Under existing law, the companies that compete in delivering music to listeners face very different cost structures, depending on the royalty provisions applicable to their unique business models. The royalties received by songwriters, performers, music publishers, and record companies for one play or sale of a particular song may vary greatly, depending upon the particular business model of the company delivering the music.

Cost Sharing Arrangements and Income Shifting

May 8, 2015 Comments off

Cost Sharing Arrangements and Income Shifting
Source: Social Science Research Network

This study investigates the cost sharing arrangement (CSA), which is a mechanism used by multinational corporations (MNCs) to shift valuable intellectual property (IP) offshore to low-tax jurisdictions. We find that a CSA enables the MNC to shift income to low-tax foreign jurisdictions when the effect of domestic marketing intangibles on foreign income exceeds the effect of foreign marketing intangibles on domestic income. We also find that a CSA is less attractive if payments for the use of IP are not based on the fair market value of that IP. If the MNC can understate the value, it prefers to sell domestically developed IP to a foreign subsidiary, which in turn will develop the IP. If the tax authority can overstate the value by imposing retroactive revaluations of the IP, the MNC prefers to develop the IP domestically.

National White Collar Crime Center Annual Report 2014

April 9, 2015 Comments off

National White Collar Crime Center Annual Report 2014 (PDF)
Source: National White Collar Crime Center

Throughout 2014, NW3C continually endeavored to empower law enforcement through innovative solutions, both by creating new tools and courses and by finding ways to improve existing processes. This report describes the impressive results obtained from consistent, dedicated effort.

In 2014, NW3C delivered classroom and web-based training to 20,593 law enforcement personnel. The number of people trained represents a 39% increase over 2013, due in large part to NW3C’s goal to make more courses accessible online.

By year’s end, NW3C had provided over 8,000 online training sessions covering a wide variety of subjects of interest to law enforcement, including intellectual property, identifying and seizing electronic evidence, social media, encryption, and legal concerns for digital evidence. Made possible in part by funding from BJA, these online training courses were offered free of charge to qualified law enforcement personnel throughout the nation, enabling them to conveniently obtain the skills needed to effectively serve their communities.

U.S. Commerce Department Announces Digital Millennium Copyright Act Multistakeholder Forum Results

April 8, 2015 Comments off

U.S. Commerce Department Announces Digital Millennium Copyright Act Multistakeholder Forum Results
Source: U.S. Department of Commerce

The U.S. Department of Commerce’s Internet Policy Task Force, through the U.S. Patent and Trademark Office (USPTO) and National Telecommunications and Information Administration (NTIA), today released a document developed by stakeholders containing a set of agreed upon practices aimed at improving the operation of the notice and takedown system under the Digital Millennium Copyright Act (DMCA).

The document known as DMCA Notice-and-Takedown Processes: List of Good, Bad and Situational Practices was developed by the participants in the multistakeholder forum established as a result of the Commerce Department’s Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy, released in 2013. The document identifies a number of “good”, “bad” and “situational” practices to improve the efficiency of the handling and processing of DMCA notices by both senders and recipients.

The goal of the multistakeholder forum was to identify best practices and/or produce voluntary agreements for improving the operation of the DMCA notice and takedown system without the need for legislative change.

A broad range of issues were considered and discussed intensively over the course of the process, with the participants ultimately reaching consensus on those practices addressed in the final document.

The DMCA Notice-and-Takedown Processes: List of Good, Bad and Situational Practices can be found on the USPTO’s website and on NTIA’s website.

CRS — Cyberwarfare and Cyberterrorism: In Brief (March 27, 2015)

April 6, 2015 Comments off

Cyberwarfare and Cyberterrorism: In Brief (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

Recent incidents have highlighted the lack of consensus internationally on what defines a cyberattack, an act of war in cyberspace, or cyberterrorism. Cyberwar is typically conceptualized as state-on-state action equivalent to an armed attack or use of force in cyberspace that may trigger a military response with a proportional kinetic use of force. Cyberterrorism can be considered “the premeditated use of disruptive activities, or the threat thereof, against computers and/or networks, with the intention to cause harm or further social, ideological, religious, political or similar objectives, or to intimidate any person in furtherance of such objectives.” Cybercrime includes unauthorized network breaches and theft of intellectual property and other data; it can be financially motivated, and response is typically the jurisdiction of law enforcement agencies. Within each of these categories, different motivations as well as overlapping intent and methods of various actors can complicate response options.

Telecoms Firms Lead WIPO International Patent Filings

April 1, 2015 Comments off

Telecoms Firms Lead WIPO International Patent Filings
Source: World Intellectual Property Organization (WIPO)

Three telecoms giants from China and the United States led international patent filing activity via WIPO in 2014, a fifth consecutive record-breaking year amid overall growth in the Organization’s global intellectual property services.

Together, China and the U.S. accounted for 87% of the total growth in filings under WIPO’s Patent Cooperation Treaty (PCT), which saw some 215,000 applications in 2014, a 4.5% increase over the previous year. In a significant development, the U.S. became the biggest filer of international trademark applications under WIPO’s Madrid System.

Defend Innovation: How to Fix Our Broken Patent System

March 20, 2015 Comments off

Defend Innovation: How to Fix Our Broken Patent System
Source: Electronic Frontier Foundation
From press release:

The U.S. patent system is in crisis, but there are clear steps Congress and the White House can take to mitigate the impact of vague patents, patent trolls, and a weak legal process to protect competition and creativity, the Electronic Frontier Foundation (EFF) explains in a new report released today.

The “Defend Innovation” whitepaper is the culmination of two-and-a-half years worth of research, drawing from the stories, expertise, and ideas of more than 16,500 people who agree that the current patent system is broken. Split into two parts, the report covers both the challenges facing innovators under the current patent regime, as well as concrete measures that policymakers must take in the coming year.

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