Can you copyright a tweet?

With the rise of Twitter it was inevitable that intellectual property issues would surface regarding “tweets” (information snippets under 140 characters in length).

Some are concerned that copyright might stifle the ability to reproduce tweets for collaborative projects. Twitter itself states, “We claim no intellectual property rights over the material you provide. Your profile and materials uploaded remain yours.”

So the website tweetCC has decided to take action, and create a list of Tweetsters who have agreed to license their tweets under open terms, using the creative commons license.

Here is the result of my own search:

tweetcc

The Patent Piler

I met Allan Tokuda when I was a Teaching and Research Fellow at Northwestern University. I was helping teach a course on Innovation and Invention in the engineering program. Allan was one of the brighter and more inquisitive students. I knew he had some remarkable qualities when, before class one day, he took out a Rubik’s Cube. He could consistently scramble the puzzle and solve it in less than two minutes.

Allan and I eventually put our minds together to attack the problem of patent claim language and its obfuscating qualities. Allan brought top notch software coding and logical analysis. I brought my knowledge of claims and claim structures and the problems lay people and inventors routinely face when they try to read these sentences. Patent claims, for those new to patents, are the legal definition that describes the property boundaries of a patented invention. Patent claims are what get litigated in court and are located at the very end of the patent document.

The result of our combined efforts is something called the Patent Piler (at this Website). It is an open source project and resource guide that allows anyone to look up a patent by the patent number, search and compare any of that patent claims with other claims in the patent. Here is an image of how it works.

Patent Piler
Patent Piler

The tool, as shown above, highlights the differences between claims in the same patent.

Why is this useful? Oftentimes the most confusing thing about reading patent claims is distinguishing why one claim is different from another. One claim might be different from another due to a difference of just a few words.

The software also does useful things like break down claims by their type, for example methods, products, chemical compounds  or machines. The software also allows you to select independent claims, those claims which stand by themselves and are modified by subsidiary claims, called dependent claims.

Try it out for yourself. If you don’t have a specific patent to analyze, try inputting this curious patent number in the box: 6584450

If you like to code and want to make reading patent claims easier, try improving the source code, it is freely available at this site.

A quick note: for now the software runs great on Firefox, not so great on Internet Explorer.

Art for Free?

Robert Smith, lead singer of The Cure, has recently gained a lot of attention by publicly criticizing the growing  “art for free” movement.

Here is what Smith says on his site, speaking about Radiohead’s decision to release their In Rainbows album under a donation pricing model:

“ANY FAMOUS ARTIST WITH A HUGE AND DEVOTED FAN BASE(OFTEN ARRIVED AT WITH A LITTLE HELP FROM A WEALTHY AND POWERFUL ‘PATRON’ ORTWO?) CAN AFFORD TO DO WHAT HE, SHE OR IT WANTS… INCLUDING GIVING THEIR ART AWAY AS SOME KIND OF ‘LOSSLEADER’ TO HELP ‘BUILD THE BRAND”

The follks over at TechDirt, however, argue that Smith misses the point. Smith is criticizing the general rule that all art should be free, claiming such a rule or social norm is not beneficial to artists, and is more damaging to those who are not famous. The folks at TechDirt, on the other hand, claim that the point of the “art for free” movement is about business, and that giving some art for free allows artists to share some of the value of art and charge money for related complimentary products or services.

Which viewpoint do you think is the right one?

Matsuflex

“I have the name Matsuflex. If I can harness that Matsuflex energy, it’s gonna help change America in a positive way!”

Matsuflex
Matsuflex

These are the words of Ryan Matsunaga, a.k.a. Matsuflex, one of the participant’s on VH1’s reality t.v. show The Tool Academy. Matsuflex, is one of the program’s finalists and has made a point of advertising his name as often as possible. During a recent show, one of the show’s attendee’s asked “What’s Matsuflex? It sounds like an energy drink.” Here’s another suggestion, a Matsuflex sounds like a pull-up machine hawked on late night t.v. The point is, the name Matsuflex may have real commercial value.

If that is the case, Matsuflex would do well to trademark the name as soon as possible. I ran a quick search at the United States Patent and Trademark Office (USPTO) database and was unable to find a trademark registered as Matsuflex, which means it is still open for someone to claim, so long as they can prove they will offer something for sale called Matsuflex in a particular class of goods or services.

Matsuflex should think about running to the USPTO to claim the name, if he hasn’t done so already. Otherwise, an unscrupulous entrepreneur might take it over, and misappropriate all that positive Matsuflex energy.

Cohen and copyright

The New York Times recently reported a story on the singer and composer Leonard Cohen’s upcoming tour, after a 15-year hiatus from live music performances.

Here is one of Mr. Cohen’s quotes that most grabbed my attention (he is speaking about the ownership of his songs, which have been popularized by other, younger performers):

“My sense of ownership with these things is very weak,” he responded. “It’s not the result of spiritual discipline; it’s always been that way. My sense of proprietorship has been so weak that actually I didn’t pay attention and I lost the copyrights on a lot of the songs.”

When I mentioned this story to C.E. Hanifin, the acclaimed journalist and music critic, she said: “If Leonard Cohen can’t keep track of his copyrights, I’m sure there are a lot of other artists who need help, too.”

Even if you don’t own a Leonard Cohen album, you are probably familiar with some of his songs. As the New York Times article pointed out, many popular artists have covered his works. For example, Cohen’s song “Hallelujah” has been covered more than 200 times by such artists as Jeff Buckley and John Cale.

How different from other artists (like The Beatles) who zealously guard their intellectual property.

So, how does one lose a copyright?

There are several ways. First, you can neglect to read a contract from, say, a manager or corporation like a media company who gets you to assign your creative content rights to them. Along similar lines, you can sell the rights. Or, you can donate them to the commons through a public release, or creative commons-like license.  Be wary, since once that copyright is gone it is usually very hard to get back.

Regardless of whether an artist decides to defend or give up their copyrights, every creative person should at least know the basic rules so that they can choose which path to take.

Acknowledgements: C.E. Hanifin.

Trademark a catchphrase?

A catchphrase, a.k.a. tag line in marketing parlance, can be registered as a federal trademark if customers recognize the phrase as the source of a product or brand.

Below are three catchphrases associated with particular celebrities. Two of these phrases have been successfully trademarked. Try to guess which one failed to make the cut.

Paris Hilton
"That's hot"
"You're fired!"
"You're fired!"
"Two thumbs up."
"Two thumbs up."

I’ll post the answer this Wednesday, along with a discussion about trademarking catch phrases in general.

A Fail Whale Trademark?

I recently sent a call to readers asking for stories to blog about. Mr. Joe Scarry from Chicago kindly sent me a recent article in the New York Times Magazine profiling the curious rise of the Fail Whale.

The Fail Whale
The Fail Whale

The Fail Whale image was created by Ms. Yiying Lu. Ms. Lu initially created the image to send as an e-card to a friend. Eventually, she uploaded the image to iStockPhoto. Under the iStockPhoto image license terms, the image was made available for a few dollars under a perpetual license.

Things unfolded when Mr. Biz Stone, one of Twitter’s founders, purchased an iStockPhoto license of the whale image. Mr. Stone used the image so it would appear on Twitter whenever that site experienced an outage due to heavy traffic (a smart branding move in my opinion since the image is funny, unexpected and connotes teamwork). The Twitter community quickly grew fond the whale image. One of the fans named the image the “Fail Whale”. Another fan tracked down Ms. Lu and her online fame only grew from then.

There is now a Fail Whale fan club, Flickr site and community art site. In true Web 2.0 spirit, the Fail Whale image has become part of a community’s culture.  The community owns the image, freely adapting the image in new ways. It was a community member who first named it the Fail Whale. Many of the community websites use the Fail Whale term without worries about ownership. Here is what the Fail Whale fan site says about itself:

“This site is here to poke fun at the people who seem to take online social network downtime a little too seriously. Failwhale.com is not affiliated with Twitter. Rather, it’s a love letter to the hard working folks at all of our favorite online social networking sites who lose sleep over the concept of scalability.”

The community for all purposes owns the whale. Will that someday change since it has become valuable? Ms. Lu already took the image off the iStockPhoto site which allowed users to perpetually license the image for a low price. She has also  recently created an official Fail Whale Merchandise Site. The next logical step to build a business around the Fail Whale is to apply for a trademark, and then license the trademarks for merchandising. (Note: a copyright can eventually become a trademark if it identifies a source of goods).

Will the Fail Whale remain open for the community’s free use? Would that be the best thing? Or, will it be Generation Y’s version of Micky Mouse or Hello Kitty? The next time you see the Fail Whale look closely. You just might see a small round trademark symbol.

P.S. Have you lately come across an intellectual property controversy that piqued your interest? If so, please send it my way.

The value of news

New York Times Op-ed piece recently commented on how newspapers should consider switching to an endowment model supported by philanthropy vs. the current attempt to operate and survive as for profit enterprises.

I particularly like the Thomas Jefferson quote,  “The basis of our governments being the opinion of the people, the very first object should be to keep that right. And were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate to prefer the latter.”

I got wind of this article by a a blog discussion written by Dan Gillmor at the Center for Citizen Media. Dan’s post criticizes the overall logic of preserving the current model, with all of its flaws, through the endowded non-profit model. Praise is given, however, to the article’s effort to suggest new models to sustain journalism, a vital endeavor in any free and progressive society.

The deeper question, may not be about which model works best, in either a for profit, or non-profit model. It might instead concern how we consume and value factually accurate and relevant information. My sense is that future generations seem less interested in objective truth and information. As a society, we should all be very concerned.