Wednesday 6 March 2019

Two New U.S. Supreme Court Cases on Copyright Law


The U.S. Supreme Court has issued a pair of copyright decisions.  The first concerns the award of costs and the second is directed to registration as a prerequisite to bringing an infringement action.  The first case, Rimini Street v. Oracle, determined that an award of costs is limited to the costs specified in 28 U.S.C. section 1920 and 1821.  The opinion quotes section 1920 and states:

The six categories that a federal court may award as costs are:
"(1) Fees of the clerk and marshal;
(2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case;
(5) Docket fees under section 1923 of this title;
(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title." 28 U. S. C. §1920.

Moreover, the general costs statute “§1821 provides particular reimbursement rates for witnesses' "[p]er diem and mileage" expenses.”  Thus, Oracle is unable to recover for costs such as “expert witness fees, e-discovery expenses, and jury consultant fees.”

The second case, Fourth Estate Public Benefit Corp. v.Wall-Street.com, determined that generally a copyright owner must obtain a registration before filing an infringement suit.  This clears up a prior split of jurisdictions concerning whether an application for registration was sufficient to file an infringement suit. 

Tuesday 5 March 2019

Clausing on the Benefits of Globalization


Professor Kimberly Clausing, the Thormund Miller and Walter Mintz Professor of Economics at Reed College, has authored a Harvard University Press book titled, “Open. The Progressive Case for Free Trade, Immigration, and Global Capital.”  The reviews of the book are very positive.  I’ve pasted them below.  Here is the abstract: 



With the winds of trade war blowing as they have not done in decades, and Left and Right flirting with protectionism, a leading economist forcefully shows how a free and open economy is still the best way to advance the interests of working Americans.

Globalization has a bad name. Critics on the left have long attacked it for exploiting the poor and undermining labor. Today, the Right challenges globalization for tilting the field against advanced economies. Kimberly Clausing faces down the critics from both sides, demonstrating in this vivid and compelling account that open economies are a force for good, not least in helping the most vulnerable.

A leading authority on corporate taxation and an advocate of a more equal economy, Clausing agrees that Americans, especially those with middle and lower incomes, face stark economic challenges. But these problems do not require us to retreat from the global economy. On the contrary, she shows, an open economy overwhelmingly helps. International trade makes countries richer, raises living standards, benefits consumers, and brings nations together. Global capital mobility helps both borrowers and lenders. International business improves efficiency and fosters innovation. And immigration remains one of America’s greatest strengths, as newcomers play an essential role in economic growth, innovation, and entrepreneurship. Closing the door to the benefits of an open economy would cause untold damage. Instead, Clausing outlines a progressive agenda to manage globalization more effectively, presenting strategies to equip workers for a modern economy, improve tax policy, and establish a better partnership between labor and the business community.

Accessible, rigorous, and passionate, Open is the book we need to help us navigate the debates currently convulsing national and international economics and politics.

Here are the reviews from the Harvard University Press website:

“Global integration will not work if it means local disintegration. Kim Clausing’s important book lays out the economics of globalization and, more important, shows how globalization can be made to work for the vast majority of Americans. I hope the next President of the United States takes its lessons on board.”—Lawrence H. Summers, Harvard University, former Secretary of the Treasury

“It is all too easy to blame the recent troubles of advanced economies—including slower growth, rising inequality, and lower social mobility—on economic globalization. Kimberly Clausing’s comprehensive but crystal-clear new book shows that ‘the fault lies not in our stars, but in ourselves’: if only the political will is there, national policy can harness globalization as a force for inclusive growth. This is a message that thoughtful citizens of every political stripe need to absorb.”—Maurice Obstfeld, University of California, Berkeley, and former Chief Economist, International Monetary Fund

Open provides a vitally important corrective to the current populist moment. Clausing brings the underlying economics to life, showing that walls won’t keep prosperity trapped within; they’ll keep new ideas out, deter valuable foreign capital, close off investment opportunities, prevent our businesses from learning from others, and destroy the vigor that comes with a vibrant immigrant community. Most important, Open points the way to a kinder, gentler version of globalization that ensures that the gains are shared by all.”—Justin Wolfers, University of Michigan

“Anyone interested in the biggest economic debates of our time would benefit from reading Open. Kimberly Clausing marshals a wide range of evidence and analysis to address the question of how to advance the prospects of the middle class. Her answer is a combination of timeless truths about the importance of openness updated in often novel ways to address the challenges of today’s global economy.”—Jason Furman, Harvard University, former Chairman of the Council of Economic Advisers

“Clausing, a respected international economist and one of the world’s leading experts on multinational firms’ responses to tax policy, has created a clarion call for a return to reason by polarizing forces on both sides of the political isle. There is something in here for people on both sides to love and to hate, but plenty for everyone to learn.”—Katheryn Russ, University of California, Davis
Hat tip to Professor Paul Caron’s TaxProf Blog.