IP Colloquium Tackles Fairey v. AP
Doug Lichtman at UCLA is producing a fantastic series of monthly podcasts on IP issues, called the Intellectual Property Colloquium. This month’s episode is on fair use in the Shepard Fairey case, and features a terrific line-up of guests: Mark Lemley, attorney for Fairey; Dale Cendali, attorney for AP; and Ken Richieri, General Counsel at the New York Times, who adds the view of someone on both sides of the issue. Doug asks some pretty good questions, particularly about the notoriously circular fourth fair use factor (the effect on the potential market). It’s worth a listen, and you can also use it for CLE credit in six states, “and any state that accepts any of those through reciprocity,” which I believe includes Wisconsin (do not rely on me for this).
IP Philanthropy Can Be Ecologically Responsible
Since early 2008, there has been an interesting project in IP philanthropy. At that time, the World Business Council for Sustainable Development (WBCSD) established an initiative called the Eco-Patent Commons. Member companies of the Eco-Patent Commons are able to “pledge” patents from their portfolios which cover technologies that provide environmental benefits. Pledging patents into the Eco-Patent Commons is not a transfer of title, but instead is a promise by the patent owner to not enforce the pledged patents against users of the technology (while maintaining rights to defensively terminate the pledge under certain circumstances).
Based on the economic conditions of the last couple of years, I am amazed that companies are willing to allow others to freely practice inventions which would otherwise generate licensing revenues. However, some companies have done exactly that.
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