Little attention has been paid to a case that could have major implications for copyright trolling with spillover effects in patent trolling.
The brief was submitted by Professor Robin Feldman and the Institute for Innovation Law at UC Hastings College of the Law. It highlights Professor Feldman’s research into unsavory intellectual property rights practices in her study, “Intellectual Property Wrongs, 18 STANFORD JOURNAL OF LAW, BUS. & FINANCE 250 (2013).”
The case is about rights to a famous movie “Raging Bull” and pits the widow of the writer against the MGM.
Three different circuits have come out with three different rules on whether delay can prevent you from filing a case.
From the brief: “…the explosion of digital technology and digital communication methods has increased exponentially the number of works subject to copyright. People are constantly fixing things in a tangible medium of expression, things that would have remained inchoate in prior generations. Rather than making a phone call or engaging in a personal conversation, we email, text and Tweet. We record every moment of our friends and children’s lives in still and video format, either capturing them unaltered, or manipulating them using ever-easier tools to produce our own movies, websites, and self-published works. These changes have spawned an astoundingly vast amount of material that may be subject to claims of copyright. Modern technology has also increased the potential for harvesting copyright claims.”
When the creator of a work has allowed a belief to develop that others may freely use the work, the creator should not be able to later decide that very widespread adoption of the work is a fortuitous way to make money. In these cases, the majority of the supposed value of the intellectual property has been added by society, rather than by the creators.
The full brief can be found here.