Stuart Campbell runs the Wings Over Scotland account, which was removed from YouTube A blogger who supports the SNP has won a battle with the BBC over copyright of videos uploaded to YouTube. The YouTube channel of Stuart Campbell, who runs the political blog Wings Over Scotland, was closed after the BBC claimed that clips from its political shows had been uploaded by Mr Campbell, in breach of copyright. YouTube then axed the Wings Over Scotland account entirely. However, the BBC and YouTube relented after Mr Campbell claimed that the videos should be permitted under exemptions to copyright law, which allows material to be used for “criticism, review and reporting current events”. YouTube has reinstated the channel.

A federal district court judge in New York recently ruled that a trust for the heirs of the renowned photographer Bert Stern is the rightful owner of the copyright interests in his famed “Last Sitting” photographs of Marilyn Monroe. The 2,571 photographs were taken by Stern in June 1962, just weeks before Monroe's death and are considered some of the most important celebrity images of the 20th century. Stern’s widow, Shannah Laumeister Stern, acting as trustee for the trust, filed suit against Lisa and Lynette Lavender, twin sisters who were Stern’s assistants, claiming copyright infringement involving the reproduction and online sale of prints and of modified versions of certain Monroe images. In their defense, the Lavenders claimed that the copyrights belonged to Condé Nast, which had published a few of the photographs in Vogue in which Stern had an active and productive business relationship. According to the New York Post, in a separate court filing by the Lavenders in Surrogate’s Court, they claimed that Shannah Stern cut them out of a $50,000 bequest from her husband. It was also reported that they claimed Stern authorized them to make, modify and sell copies of the Monroe photographs following his death. The judge’s order affirmed that all copyrights held by the testamentary trust are valid and indeed belong to the trust. The issue of whether the Lavender sisters infringed on the copyright interests will go to trial. This wasn’t the first lawsuit against Stern’s estate—in 2013 his children and grandchildren filed suit to contest his will, accusing Shannah, who Stern allegedly married in secret, of manipulating their father into making a new will that left a majority of the estate to her. Precedent for Other Creatives Alan Behr, partner at Phillips Nizer LLP in New York City, who represents the Bert Stern 2010 Trust in this lawsuit, said this case is groundbreaking in that it “settles a point having implications in other works for which the copyright trail may not be contractually clear.” He also finds that it’s a “good framework for future claimants to understand who owns the copyright in legacy works,” and “is important for photographers everywhere whose rights in their own legacy portfolios have either not been fully established or have been called into question.” Behr also has some advice for estate planners who may have creative types with works of art as clients. As both an attorney and a photojournalist and fine art photographer in his own right, he recommends having a gatekeeper for the rights to valuable works. He explained that executors often don’t know about copyright registrations, and someone should assist in checking that such registrations are in place, particularly in the United States, where copyright registration for works of U.S. origin is mandatory to initiate any infringement proceedings.

Formula One is on track for a legal battle this month which could force it to give the red light to its new logo. F1 changed its logo for the first time in 23 years at last year’s Abu Dhabi Grand Prix in November. The driving force behind it was American investment firm Liberty Media which bought F1 for £6bn in January 2017 and wanted to stamp its mark on the sport. The previous logo cleverly created the silhouette of a number one between a slanted letter ‘F’ and the speed lines opposite it. In contrast, the new one is much simpler and is formed from a curved stripe with a white line running through the middle followed by a straight line. It has raced into a storm as it bears a striking resemblance to one which has been registered by 3M, the stationery giant which makes Scotch tape and Post-it Notes. On 22 May 3M lodged opposition to F1’s trademark application and a letter sent to Liberty Media by the European Intellectual Property Office (EUIPO) reveals that it has been accepted in principle due to its previous registration. It states that the opposition “has been found admissible at least insofar as it is based on the following earlier right...The adversarial part of the opposition proceedings will begin on 27/08/2018...The time limit for you to submit your observations in reply expires on 26/12/2018.” 3M has used its logo for the past year on a range of therapeutic clothing including ankle supports, knee straps and compression tights which protect airline passengers from the risk of deep-vein thrombosis. This put it on a collision course with F1 as the sport launched a line of clothing earlier this year featuring its new logo. EUIPO Records show that 3M registered a pan-European trademark to its logo in June last year which gives it precedence as F1 didn’t even apply for its new logo until November. Its trademark application was made in 26 of the total of 45 categories and 3M’s filings state that its opposition covers “all the goods and services” because “there exists a likelihood of confusion on the part of the public.” It means that if the authorities decide in 3M’s favour the sport could be forced to put the brakes on its new logo. F1’s application covers clothing but excludes therapeutic clothing which 3M’s mark is registered in. However, this separation doesn’t guarantee F1 protection because the logos appear to be so similar, as are some of the products they are used on. Liberty Media ditched the old F1 logo at the end of last year (Getty) In 2008 the European Court of Justice concluded that trademarks are “protected by a basic rule which prevents the registration or use of a sign identical or similar to a registered trademark, for goods or services identical or similar to those for which the mark is registered.” F1 may try to head off a clash by paying 3M which is allowable according to Michael Gardner, partner at law firm Wedlake Bell. “As for whether a negotiated settlement could bring the opposition proceedings to an end. Yes that is perfectly possible,” he says. “The parties can reach a settlement whenever they like. Provided they both agree, the proceedings would be stopped at that point.” 3M has the earlier trademark registration so it doesn't need to settle with F1 but vice versa. If 3M agreed to this it could come at a high cost for the sport. Founded in 1902 as the Minnesota Mining and Manufacturing Company, 3M makes more than 55,000 products and last year alone made pre-tax profits of £5.6bn ($7.5bn) on £23.8bn ($31.7bn) of revenue which was 18 times higher than F1’s tally. The value of the company is a staggering 15 times greater than that of F1 and it is driven by its portfolio of brands which have become household names. They could have become generic if 3M had accepted money from companies using logos which are similar rather than aggressively protecting and defending its trademarks. Fans and industry figures may rejoice at the idea of F1’s new logo being sent into the pits as many preferred its predecessor. When it was unveiled, reigning champion Lewis Hamilton said “I don’t think the new one is as iconic.” Rival Ferrari driver Sebastian Vettel added that he “liked the old one better” while fans likened it to everything from a headless bull to a kitchen tap. Even worse could be just around the corner. The logo that F1 selected isn’t the only one it applied for. It made trademark applications for two other alternatives which haven’t been opposed but have also been panned. If F1 switches its logo to one of them it could leave fans thinking that they should have been careful what they wished for.

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