Friday News: Random House launches three digital only imprints; Trademark rejected; First sale case criticized by Colbert; Somewhat increase protection for emails introduced
Publishing NewsFifty Shades / first-sale / intellectual property / Intellectual Property Issues / Random-House11 Comments
Judge, Jury & Executioner – Copyright Law – The Colbert Report – 2012-26-11 – Video Clip – Stephen Colbert took on the Kirtsaeng case which may have far reaching affects on the right of first sale for consumers. The question for the Supreme Court in the Kirtsaeng case is whether a product sold overseas, purchased legitimately, can be resold in the U.S. if there is no distribution agreement with the original copyright holder.
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Reason.com has a great run down of the case and its background. For instance, it could affect whether I could resell the paperback I purchased via BookDepository of a book only published in Australia.
Senate panel votes to require warrant for police email searches – One good thing arising out of the Petraeus debacle is that people are starting to pay attention to how few privacy protections we have. I covered this a couple of weeks ago about how cloud based emails have no protection.
Under a 1986 law called The Electronic Communications Acts, emails stored in the cloud can be accessed by the FBI without a warrant. This is how Petraeus got caught because Google blithely handed over information requested by the FBI.
The Senate Judiciary Committee has now approved a bill that would require law enforcement to obtain a warrant to read emails. However, law enforcement can delay informing subjects that their emails have been seized for 180 days, a period that can be renewable.
One way to avoid this? Create your own cloud. The Hill’s Hillicon Valley
Loveswept | Alibi | Hydra | Flirt – RH announced yesterday that it is launching three new digital ONLY imprints: “ALIBI, for mystery/suspense readers; HYDRA, for sci-fi/fantasy enthusiasts; and FLIRT, for the rapidly-growing YA and college-age New Adult audiences.” From the press release:
In addition, this digital-only program will seek out the best and brightest names in the next generation of authors, enabling us to cultivate a team of writers in the publishing world’s most prolific and lively genres. … Under this program, authors will have a complete and unique publishing package. Every book will be assigned to an accomplished Random House editor and a dedicated publicist. They will also have the invaluable support of Random House’s experienced marketing and digital sales teams, who know how to reach out to and expand each book’s dedicated readership. … To reach the widest possible readership, every title will be available for purchase at major e-retailers and will be compatible with all reading devices.
According to PaidContent, RH is looking to help self published authors seeking broader access. In some ways, this sounds like a type of publishing services program. PW has a little more information:
The editorial team will be overseen by Gina Wachtel, v-p, associate publisher, with the support of Sue Grimshaw, editor-at-large, romance; Randall Klein, associate editor, mystery and thrillers, and Sarah Reed, associate editor, science-fiction and fantasy.
Hopefully whatever website they create for these imprints, it looks better than the monstrosity they currently have set up.
Dunkin’ Donuts loses bid to trademark ‘Best Coffee in America’ – Business – The Boston Globe – Dunkin’ Donuts file an application to trademark the “Best Coffee in America” and was turned down. The mark was too laudatory and lack distinctiveness. It occurred to me I should check out the mark filed by EL James. Fifty Shades of Grey was trademarked (although there are two other “Shades of Grey” marks one preceding 50 by two years). You can challenge a mark. It is something Meyer should think about funding given that she has expressed personal dislike for the series although has done nothing to challenge the series legally. The Fifty Shades mark is extensive:
FIFTY SHADES OF GREY
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: Soaps; perfumery; essential oils; cosmetics; preparations for the hair, skin, body, face, hands and feet; depilatory preparations; exfoliating preparations; shaving preparations; waxing preparations for the removal of hairIC 004. US 001 006 015. G & S: Candles and wicks for lighting; scented candles
IC 006. US 002 012 013 014 023 025 050. G & S: Goods of common metal; handcuffs; shackles; karabiners; metal grids; metal chains
IC 009. US 021 023 026 036 038. G & S: Recording discs; compact discs; DVDs and other digital recording media; tapes; recording discs; sound recordings; video recordings; recorded films; electronic publications; sunglasses; mobile phones; mobile phone accessories; mobile phone applications and software
IC 010. US 026 039 044. G & S: Sex aids including ropes; marital aids; benwa balls, being adult sexual aids; adult sexual stimulation aids; vibrators; condoms; massage apparatus
IC 014. US 002 027 028 050. G & S: Jewellery; costume jewellery; clocks and watches
IC 016. US 002 005 022 023 029 037 038 050. G & S: Paper, cardboard and goods made from these materials; printed matter; photographs; stationery; calendars; postcards; greetings cards; books; magazines
IC 018. US 001 002 003 022 041. G & S: Leather and imitation leather and goods made from these materials; animal hides; trunks and travelling bags; handbags, rucksacks, purses, wallets, holdalls; umbrellas; whips
IC 020. US 002 013 022 025 032 050. G & S: Furniture; mirrors; picture frames; articles made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber; mother-of-pearl, meerschaum or plastic; garden furniture; pillows and cushions; mugs
IC 024. US 042 050. G & S: Textiles and textile goods; bed and table covers; rugs; duvets; covers for pillows, cushions or duvets
IC 025. US 022 039. G & S: Clothing; footwear; headgear; lingerie, men’s underwear, hosiery, bathing costumes; dressing gowns; nightwear; costumes for use in role-play
IC 028. US 022 023 038 050. G & S: Games and playthings; soft toys; playing cards; boardgames; gymnastic and sporting articles
IC 033. US 047 049. G & S: Wines; spirits and liqueurs; alcopops; alcoholic cocktails
IC 034. US 002 008 009 017. G & S: Smokers’ articles; matches; lighters for smokers
IC 041. US 100 101 107. G & S: Education services; entertainment services; party planning; arranging of parties; hosting social entertainment events; production of films; sporting and cultural activities; arranging of conferences, seminars and symposiums
IC 045. US 100 101. G & S: Marriage guidance counselling; personal relationship consulting
Standard Characters Claimed
50 Shades of Marriage guidance counselling? *dies*
@KT Grant:
That’s the same thing I focused on, and exactly my reaction.
It’s been said before, but James’ aggressive “protection” of 50 Shades is derisable, at best, considering its origins. She is working incredibly hard to prevent others from taking the exact same path that she did, and at this point it’s quite offensive.
Good to know I’m not the only one who focused on the marriage counseling part. SOmehow I can’t see any marriage counselors saying :
“Jim, Betty I think your biggest issues can be solved by you, Jim, letting Betty tie you up and beat the crap out of you with a riding crop. Even if it doesn’t work I’m sure your wife will feel a lot better about your cheating once you’re bound and gagged at her mercy.”
The text book case is interesting. I’d love to see regional distribution done away with. It wouldn’t harm the textbook publishers and would help students. They put out new editions with new page numbers to discourage the resale market for old textbooks and charge monopoly prices.
They can’t get away with it in poorer countries. The only people who will pay $50 bucks for a textbook for one course are the copy-machine owners who make a nice profit on the pirated copies.
I guess James and copyright is like D0uthit and sockpuppets. When you’re a skeevy person making skeevy decisions, you assume everyone else is too.
And the Leveson Report came out yesterday. Just a tiny thing. It will probably have far-ranging effects on the way the media works, probably not just in the UK.
James has basically trademarked 50 Shades as everything including the kitchen sink – But I am bemused about the whole counselling thing. O_O
Man, is anyone else reading that James part being deafened by that irony klaxon?
Doesn’t she actually have to use the trademark in the stated area of commerce within a certain period of time in order to keep it? I’m sorry, I’m too lazy to look this up myself.
The Colbert video isn’t available to anyone outside the US. We Canadians have to go to The Comedy Network site and find the clip there. I imagine people from countries that don’t have Comedy-Central sister stations are out of luck. I don’t know if this is more irony, or if it’s just an illustration of itself.
I’m probably going to think this is a dumb question tomorrow morning, but…huh? Create your own cloud? Do you mean save things to external hard drives?