• 00:32 – Tim’s background.
• 03:07 – Political voiceovers.
• 04:31 – Voice acting is acting.
• 06:20 – About NAVA.
• 10:25 – Size of NAVA and the market.
• 12:35 – Experiences on the Hill.
• 17:04 – Economic value of the market.
• 18:53 – Resistance to the cause.
• 21:46 – The challenge does not end with licensing.
• 25:24 – What's resonating on the Hill. 
• 28:55 – No FAKES Act.
• 33:29 – Reasons why this conversation matters.
• 40:15 – AI as a tool for creators.
• 44:50 – Is it too late to respond?
• 48:45 – The climate has changed for Big Tech.
• 55:30 – No FAKES reprise.

• 02:37 - Why I fight for artists rights.
• 07:22 - The biggest threats facing artists.
• 11:52 - The American Music Fairness Act
• 16:27 - Dying of “exposure.”
• 18:40 - A middle-class face on the cause.
• 24:00 - Spotify’s “big payouts” to artists.
• 30:00 - Support for the TikTok legislation.
• 36:10 - Private equity investment in music catalogs.
• 45:00 - The VanGogh diversion.
• 46:10 - Advice to the next generation.
• 50:11 - The latest album Violent Delights.

Show Contents

• 01:22 - How does it feel to be among the banned?
• 03:42 -  The creation of Worm Loves Worm.
• 08:12 - What children get from Worm Loves Worm.
• 09:36 - It’s not about sex. Indoctrination to what?
• 12:23 – Attacks on the transgender community.
• 15:03 – Did you expect the backlash when the book first came out?
• 18:34 -Is it hard not to look at the negative comments?
• 20:19 – The “shotgun wedding.”
• 21:50 - Increase in attacks since it was first published.
• 24:10 - More worried about middle grade and young adult readers.
• 28:10 - Ever criticized for writing about a subject that’s not your subject? (outside your lane)
• 34:45 - Do you have Woke Mind Virus?
• 37:15 – A conversation about satire.
• 44:33 – How banning can affect the author.
• 47:44 - The victim’s narrative.
• 50:15 – Hope for the future?
• 52:44 – The Printing Press and the Internet
• 57:05 – Love is love.

Carla is a tech designer, author, and educator. She runs the 4D design program at the Cranbrook Academy of Art in Michigan; she is the lead designer at Diligent Robotics in Austin, Texas; and she is the author of dozens of articles and essays about technology and design. Her most recent book, published in 2021 by Harvard Business Review Press, is My Robot Gets Me: How Social Design Can Make New Products More Human. And we’ll talk about what that means, plus generative AI, driverless cars, ethics in technology, and at least one product I had not imagined was a thing.  

Show Contents

• 00:01:24 - Carla’s background.
• 00:05:57 - Why good design is social.
• 00:11:55 - Design modalities & thinking about consumers with disabilities.
• 00:20:27 - That tech should not mimic human behavior.
• 00:28:57 - On avoiding innovation for its own sake.
• 00:36:07 - On ethics in technology.
• 00:45:51 - Generative AI and the arts.
• 01:00:55 - Tech solutions for tech problems (e.g. Glaze for visual artists).
• 01:05:32 - Self-driving vehicles.
• 01:09:30 - Economic & social implications of a driverless world.
• 01:15:26 - Combining design and ethics.

Thus far, I’ve explored the murky waters of state sovereign immunity as it relates to Allen v. Cooper and other cases, including author Michael Bynum and photographer Jim Olive’s lawsuits filed in the State of Texas. So far, my focus in this area has been academic. But on February 8th, Rick Allen filed an amended complaint in North Carolina, and after I read that narrative, I wanted to invite Rick back to the podcast to talk more personally about his story, what it means to him, and what it should mean to anyone who hears it.  

Show Contents

• 1:15 Becoming an Underwater Cameraman
• 11:06 Queen Anne’s Revenge Opportunity of Lifetime
• 15:06 Wreck Diving and Filming
• 27:19 Personal Investment
• 37:20 Rare Cooperation Between Treasure Hunters and Archeologists
• 43:00 A Near-Fatal Accident
• 48:00 State Infringements
• 59:00 Blackbeard’s Law
• 1:05:00 Suing the State of North Carolina
• 1:16:00 Implications for All Creators
• 1:29:00 Overlap with Censorship

• 01:47 – Why copyright law?
• 04:40 – Working in public policy.
• 07:30 – Public policy and interest in social justice.
• 08:27 - #BlackTikTokStrike
• 12:07 – copyright in choreography
• 19:52 – copyright & cultural misappropriation
• 24:08 - #BlackTikTokStrike & the Elvis narrative
• 27:29 – Copyright Alliance BIPOC initiative.
• 33:46 – dialogue informing the law.
• 36:06 – responses to the TikTok strike.
• 38:39 – engaging young creators in copyright.

• 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.

Read Neil Turkewitz's interview with artist bor, a member of the activist group @NFTTheft, and read his follow-up piece about the scope of fraud on the site OpenSea.

Read David Lowery's post about the HitPiece NFT ripoff. 

Read Aaron Moss's post about HitPiece at CopyrightLately.

Check out Molly White's blog Web3 is going just great.

• 00:00:55 - David Golumbia background.
• 00:03:24 - Facebook loves fascism.
• 00:08:24 - Defining "right" vs. proto-fascism.
• 00:11:36 - Paths to authoritarianism.
• 00:13:50 - mysticism and fascism.
• 00:18:56 - Facebook's astrology  TV spot.
• 00:23:48 - More subtle forces driving division.
• 00:32:02 - Facebook is too good for democracy.
• 00:36:32 - Better/more information is not a solution.
• 00:45:11 - "Educate yourself."
• 00:48:50 - Considering outcomes.
• 00:54:05 - Rapidly changing narratives.
• 00:56:25 - Latent extremism let out of the box.
• 01:00:35 - What do Facebook et al really want?
• 01:07:06 - The Big Tobacco analogy.

Read David Golumbia's blog post here.

See David Golumbia's university page here.

Read "Breaking Bad(s)" report here.

Episode Contents

• 1:52 – Breaking Bad(s) Report Overview
• 4:05 – Ad and subscription supported piracy
• 6:49 – The online advertising ecosystem.
• 8:49 – Some successful mitigation since 2014.
• 11:14 – The downsides of piracy for brands.
• 15:10 – Major brands found were Amazon, Facebook, & Google.
• 18:01 – It is possible to do something.
• 19:24 – Advertiser pressure to get ad tech to clean up its act.
• 21:09 – Dangers to the consumer.
• 27:13 – Why aren’t the hazards deterrents?
• 30:30 – Drive-by malware.
• 32:07 – Piracy is a vertical for broader criminal enterprise.
• 33:26 – What about solutions.
• 37:33 – Even if you don’t care about copyright owners…
• 40:30 – Intersection with disinformation campaigns?

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 Contents

• 46:06 – Steven Tepp’s background
• 01:42 – 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.

Show Contents

• 1:07 - Defining social justice in an IP context.
• 7:54 - Distinguishing between social justice and predatory practice
• 11:45 - How the conversation about race factors into the IPSJ discussion.
• 18:17 - The "Blurred Lines" case.
• 24:30 -  Was copyright a highly democratic statement at U.S. founding?
• 30:56 - But patent was  a different story.
• 34:05 - Cotton gin and further patent discussion.
• 36:46 - How can IPSJ be made accessible to laymen?
• 43:30 - Anti IP and the corporatist message.
• 47:49 - On trademarking offensive terms.
• 58:35 - Are contemporary politics, policy, caselaw moving toward IPSJ?
• 01:04:58 - Anti IP and progressive views.
• 01:10:28 - Idea/Expression dichotomy discussion.

Visit Eric O'Connell's website.

Contents

• 2:06 – How do you describe or think about your work?
• 4:37 – Visual anthropology
• 6:25 – German Cowboys Series
• 8:50 – Native Americans & Heavy Metal series
• 12:28 – Reactions to the German Cowboys
• 16:44 – Pandemic (parents) series
• 25:12 – How has commercial work changed?
• 30:06 – Conversations with students about rights to their work.
• 32:46 – Richard Prince Instagram Show
• 34:59 – What is a derivative work of a photograph?
• 38:07 – How much do you follow rights issues?
• 41:25 – Lars was right.
• 42:53 – Do your students intent to become professionals?
• 45:49 – The work that goes into photographs
• 53:02 – Authorship in photography

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. 

Contents

• 1:34 - 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.

Dr. Michael Katell is a Postdoctoral Research Associate for Data Science and Ethics in the Criminal Justice System working within the Public Policy Programme. He is a technology policy scholar and a philosopher of technology whose general concentrations include equity and social justice in digital systems and platforms. Follow him on Twitter.

Show Contents

• 00:59 - Dr. Katell’s areas of study and expertise.
• 05:34 - The Facebook oversight board.
• 10:44 - Neutrality is not an option.
• 18:38 - Social media aggravating flaws in human nature.
• 27:14 - Social media and human nature continued.
• 32:08 - Why don’t we quit social media?
• 35:53 - Will people be penalized for not using social media?
• 40:44 - Do social platforms have the power of governments?
• 45:39 - Toward a state of technological feudalism?
• 54:12 - Regulation without faith in democracy.
• 58:09 - Living in alternate realities.

Link to Professor Balganesh.

Link to Professor Menell.

Link to paper, Restatements of Statutory Law: The Curious Case of the Restatement of Copyright, forthcoming in a special issue of the Columbia Journal of Law & the Arts.

Episode Contents

• 58:12 - Overview of ALI and Restatements of Law
• 06:13 - Restatements have never addressed areas of primarily statutory law.
• 08:53 - Development of the 1976 Copyright Act
• 15:17 - "Why we are not opposed to the idea of a Restatement."
• 25:09 - Criticism of the project's lack of transparency.
• 31:28 - Criticism of the project's methodologies.
• 42:44 - The distribution right & shifting judicial philosophies.
• 51:50 - Rewriting copyright law without the legislature.
• 54:17 - Can the Restatement still have a good outcome?
• 01:01:43 - "the worst sausage factory"
• 01:05:24 - Hypocrisy