The Illusion of More

David Newhoff

David Newhoff, editor of The Illusion of More blog, talks copyright law and digital-age issues with experts, artists, and academics.

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Copyright & Culture with Terrica Carrington
Copyright & Culture with Terrica CarringtonTalking with Helienne Lindvall Because Streaming is Still Broken
Neil Young pulls his music from Spotify to protest the content on Joe Rogan's podcast, and Joni Mitchell and Crosby, Stills, and Nash follow suit. It's a big story for a week, and some noise about "cancel culture" and Rogan himself lingers, but we've mostly moved on. Meanwhile, the economic model for music streaming is still broken. Songwriters make pennies for millions of streams, and the dynamics of the data-driven market are not quite conducive to the kind of experimentation and risk-taking that dominated the period when artists like Young and his contemporaries rose to fame. So, why don't legacy artists who can command so much attention use that power to advocate for fair compensation for the next generation of artists?  I don't know the answer, but the question prompted me to invite songwriter/columnist Helienne Lindvall to join me for this episode.01:22 – Helienne’s background.04:23 – Cyber-bullied for speaking out.08:05 – Changing views about free music, etc.08:52 – The Spotify Young/Rogan controversy.14:48 – What about big artists using their power on behalf of small artists?17:54 – Streaming is also changing the craft of songwriting.25:23 – Are we losing diversity in the digital age?30;20 – Placing value on the work.34:47 –Data driven creation and what that means.39:51 – Devaluing the music.43:35 – Are we producing variety compared to the past?48:30 – Looking at Billie Eilish.51:36 – Songwriting as a job.54:18 – Reprise hope for big artists to speak out.
Feb 14 2022
55 mins
Talking NFTs and Grift with Neil Turkewitz & David LoweryDavid Golumbia on Facebook & FascismThe Multi-Billion-Dollar Piracy Industry with Tom GalvinFormalities in Copyright with Steven Tepp
In this post, I wrote about some of the difficulties that U.S. formalities present to many independent creators, difficulties highlighted by the case Unicolors v. H&M. I cited a paper written by Steven Tepp for the Professional Photographers of America (PPA) and mentioned that I would follow up with a podcast to delve a little deeper into the subject of formalities--those pesky, administrative details that sometimes confound independent authors trying to protect their works under copyright.Steven Tepp is the president and founder of the IP consulting firm Sentinel Worldwide. In his career, he has  served as Chief Intellectual Property Counsel for the Global Intellectual Property Center (GIPC) of the U.S. Chamber of Commerce and as senior counsel for Policy and International Affairs at the U.S. Copyright Office.  See Steven's website here.Episode Contents46:06 – Steven Tepp’s background01:42 – What are  formalities in U.S. copyright?06:06 – The relationship between formalities and the Library of Congress.08:05 – Consolidation of deposit copies at the Library of Congress.11:15 – U.S. partial breaks with formalities.19:28 – A copyright notice is not required, but...21:25 – The basics of complying with existing formalities.33:58 – AWF v. Goldsmith and registration of an unpublished work.37:22 – Unicolors v. H&M and mixing published and unpublished works.40:41 – The meaning of "published" as a question of law.45:45 – The difficulty of “publication” after preemption of common law copyright.50:29 – The well-intended doctrine of “limited publication."53:46 – Unicolors's challenge as a result of the "limited publication" doctrine.57:34 – One solution to the “publication” problem.01:06:00 – Formalities and the small-claim provision created by the CASE Act.
Jul 30 2021
1 hr 20 mins
Intellectual Property & Social Justice with Professor Lateef MtimaPhotography, Art & Copyright with Eric O'ConnellState Sovereign Immunity & Copyright with Rick Allen and Kevin Madigan
You wouldn’t think that a state entity would have the right to seize your intellectual property any more than it would have the right to seize other forms of property without due process. But it can.Rick Allen is the CEO of Nautilus Productions in North Carolina. He spent seventeen years documenting the research and recovery work done on Blackbeard’s flagship the Queen Anne’s Revenge, after it was discovered off the North Carolina coast in 1996. When the state made infringing uses of Allen’s material, he sued, and that case Allen v. Cooper went to the U.S. Supreme Court in 2020, which affirmed that immunity barred Allen’s claim.Kevin Madigan is Vice President, Legal Policy and Copyright Counsel at the advocacy organization Copyright Alliance in Washington D.C. He was previously Deputy Director at the Center for the Protection of Intellectual Property (CPIP) at George Mason University's Antonin Scalia Law School. Contents1:34 - Overview of state sovereign immunity.5:53 - Rick Allen background & eventual conflict with North Carolina.16:21 - Why Blackbeard's Law & what about breach of contract?19:32 - Why SCOTUS took Allen v. Cooper & what did we get out of it?22:38 - SCOTUS seemed disappointed in its own opinion.26:45 - States own IP, but enjoy immunity from infringement.28:08 - Results of survey & is state infringement increasing?31:57 - Anecdotal observations about state infringement.35:02 - Aberration of justice to have to show mass infringement.38:37 - Can have a devastating effect on creators.39:55 - Are we increasing state actors' awareness of their immunity?42:04 - State remedies do not really exist.50:20 - Allen's takings claim.52:45 - Where do things stand?54:47 - Funny coincidences.56:30 - Understanding the impact on Allen and all creators.59:04 - Substantial investment in works.01:001:58 - Copyright doesn't protect labor.01:03:13 - The myth that creators will create no matter what.
Apr 8 2021
1 hr 5 mins
Ethics & Platform Governance with Dr. Michael KatellALI Restatement of Copyright Law with Professors Balganesh & Menell