1 00:00:03,480 --> 00:00:07,560 Speaker 1: Welcome to the Bloomberg Law Podcast. I'm June Grosso. Every 2 00:00:07,640 --> 00:00:10,440 Speaker 1: day we bring you insight and analysis into the most 3 00:00:10,480 --> 00:00:13,399 Speaker 1: important legal news of the day. You can find more 4 00:00:13,480 --> 00:00:18,040 Speaker 1: episodes of the Bloomberg Law Podcast on Apple Podcasts, SoundCloud 5 00:00:18,320 --> 00:00:22,200 Speaker 1: and on Bloomberg dot com slash podcasts. What did the 6 00:00:22,239 --> 00:00:26,360 Speaker 1: Corset Oscar Wild's portrait and Mike Tyson's tattoo have in common? 7 00:00:26,480 --> 00:00:30,280 Speaker 1: There were all subjects of intellectual property lawsuits. The history 8 00:00:30,280 --> 00:00:35,200 Speaker 1: of intellectual property reflects the history of law, sociology, science, technology, media, 9 00:00:35,240 --> 00:00:38,560 Speaker 1: and even horticulture. Joining us to talk about new book, 10 00:00:38,840 --> 00:00:43,120 Speaker 1: A History of Intellectual Property in Fifty Objects is Dr 11 00:00:43,159 --> 00:00:46,239 Speaker 1: Cloudy opt in camp a senior lecture in film at 12 00:00:46,320 --> 00:00:51,360 Speaker 1: the Center for Intellectual Property Policy and Management at Bournemouth University. 13 00:00:51,640 --> 00:00:55,400 Speaker 1: So Cloudie, why did you choose these fifty objects in 14 00:00:55,480 --> 00:01:00,960 Speaker 1: particular to represent the history of I P right? Great question, 15 00:01:01,080 --> 00:01:06,759 Speaker 1: Jurne high Um well as editors, we we commissioned chapters 16 00:01:06,800 --> 00:01:09,400 Speaker 1: to to the authors that you know, we approached for 17 00:01:09,440 --> 00:01:14,720 Speaker 1: their specific expertise, and so sometimes we proposed the objects, 18 00:01:14,720 --> 00:01:18,720 Speaker 1: at other times it was them. But we needed all 19 00:01:18,760 --> 00:01:22,560 Speaker 1: of these objects to demonstrate a few things. So highlight 20 00:01:22,640 --> 00:01:26,039 Speaker 1: the actual object, talk about the objects i P story, 21 00:01:26,200 --> 00:01:31,120 Speaker 1: and then more importantly, perhaps show is larger societal story 22 00:01:31,280 --> 00:01:35,800 Speaker 1: and why that possibly still matters today. And so certain 23 00:01:35,920 --> 00:01:40,160 Speaker 1: objects were clear from the very beginning, right so the lightbulb, 24 00:01:40,319 --> 00:01:44,759 Speaker 1: the barbie doll, the lego block, they're just such great 25 00:01:45,120 --> 00:01:48,800 Speaker 1: everyday objects that have interesting i P stories with with 26 00:01:49,000 --> 00:01:54,760 Speaker 1: lingering meaning. But we also had categories that were clear 27 00:01:54,800 --> 00:01:56,720 Speaker 1: from the beginning. So we knew we wanted to have 28 00:01:56,840 --> 00:02:01,080 Speaker 1: objects that had to do with the relationship between music 29 00:02:01,120 --> 00:02:04,840 Speaker 1: and intellectual property, for instance, and we ended up expressing 30 00:02:05,160 --> 00:02:09,560 Speaker 1: um that through the player piano role, the audio tape 31 00:02:09,600 --> 00:02:14,160 Speaker 1: cassette and the CD. We also have other categories such 32 00:02:14,200 --> 00:02:19,280 Speaker 1: as women's history or luxury items. Um. I'd say that 33 00:02:19,360 --> 00:02:22,239 Speaker 1: overall it was this large puzzle for a long time 34 00:02:22,360 --> 00:02:25,320 Speaker 1: in which we didn't only try to balance the objects 35 00:02:25,560 --> 00:02:30,400 Speaker 1: with their contributors, but also with a certain geographical diversity 36 00:02:30,440 --> 00:02:33,200 Speaker 1: and and for instance, also a more or less fair 37 00:02:33,280 --> 00:02:38,080 Speaker 1: representation of the different h i P regimes. And you 38 00:02:38,120 --> 00:02:41,920 Speaker 1: know what, this story could also be told through fifty 39 00:02:42,040 --> 00:02:45,200 Speaker 1: other objects. And that's one of the main reasons why 40 00:02:45,240 --> 00:02:48,440 Speaker 1: we have called this book a history and not the 41 00:02:48,680 --> 00:02:52,639 Speaker 1: history of I p Let's discuss a few of the objects. 42 00:02:53,280 --> 00:02:56,600 Speaker 1: So let's start with Oscar Wild portrait number eighteen, a 43 00:02:56,720 --> 00:02:59,079 Speaker 1: case that made its way to the Supreme Court. Tell 44 00:02:59,120 --> 00:03:03,560 Speaker 1: us a little bit about that. So, UM, I think 45 00:03:03,560 --> 00:03:05,680 Speaker 1: that a lot of people might actually be familiar with 46 00:03:05,720 --> 00:03:08,800 Speaker 1: this portrait, but they might not realize that there's an 47 00:03:08,800 --> 00:03:12,839 Speaker 1: ip story connected to it. So this image was part 48 00:03:12,840 --> 00:03:15,720 Speaker 1: of the series, and it was taken by UM, a 49 00:03:15,720 --> 00:03:19,840 Speaker 1: photographer UM in New York and Napoleon Seroni in in 50 00:03:19,960 --> 00:03:24,480 Speaker 1: eight two UM and the pictures were distributed as trade 51 00:03:24,480 --> 00:03:27,959 Speaker 1: cards before Oscar Wild would arrive in the US when 52 00:03:28,040 --> 00:03:32,280 Speaker 1: he would do a lecture tour. But then the Burragiles 53 00:03:32,560 --> 00:03:36,240 Speaker 1: Lithographic company used one of these pictures, this number eighteen, 54 00:03:36,480 --> 00:03:40,280 Speaker 1: for a hat advertisement. And and the funny detail I 55 00:03:40,320 --> 00:03:43,120 Speaker 1: think here, of course, is that Wild isn't even wearing 56 00:03:43,160 --> 00:03:46,040 Speaker 1: a hat in in any of these images. So we 57 00:03:46,160 --> 00:03:49,760 Speaker 1: can start to see the larger sort of celebrity cultials 58 00:03:50,000 --> 00:03:54,760 Speaker 1: UM that were very familiar with today. Seroni then filed 59 00:03:54,800 --> 00:03:58,120 Speaker 1: a copyright infringering case against this company, and the case, 60 00:03:58,240 --> 00:04:00,920 Speaker 1: as you said, went all the way to the Supreme Court, 61 00:04:01,520 --> 00:04:05,800 Speaker 1: where it was decided to extend copyright protection to photography, 62 00:04:05,880 --> 00:04:08,600 Speaker 1: which which wasn't the case before, and this was of 63 00:04:08,640 --> 00:04:13,080 Speaker 1: course a landmark decision, as a photograph became sort of 64 00:04:13,120 --> 00:04:16,760 Speaker 1: the same as a as a novel. So going forward 65 00:04:16,960 --> 00:04:21,240 Speaker 1: about a hundred twenty years, we have Mike Tyson's facial tattoo. 66 00:04:21,760 --> 00:04:24,520 Speaker 1: An exact copy of it was used on the face 67 00:04:24,600 --> 00:04:30,839 Speaker 1: of actor Ed Helms in Hangover Too. And actually Tyson's 68 00:04:30,880 --> 00:04:34,719 Speaker 1: tattoo artist had copied it from the Mayori people of 69 00:04:34,760 --> 00:04:39,520 Speaker 1: New England. This is just fascinating, right, It's it's really 70 00:04:39,560 --> 00:04:42,400 Speaker 1: interesting that you've picked up on this specific entry because 71 00:04:42,440 --> 00:04:44,919 Speaker 1: this has been happening quite a bit since since the 72 00:04:45,000 --> 00:04:48,680 Speaker 1: book um has come out, so it's really interesting. Um 73 00:04:48,720 --> 00:04:51,840 Speaker 1: this is of course a very unique object, but it's 74 00:04:51,920 --> 00:04:53,760 Speaker 1: it's also one of the enters in the book that 75 00:04:53,760 --> 00:04:56,120 Speaker 1: that sort of questions what an object even is in 76 00:04:56,160 --> 00:04:59,240 Speaker 1: the context of what we've tried to do. Um So, 77 00:04:59,440 --> 00:05:02,160 Speaker 1: so a little bit a backstory perhaps here. The book 78 00:05:02,160 --> 00:05:05,479 Speaker 1: has somewhat of an Australian origin and we wanted it 79 00:05:05,560 --> 00:05:09,160 Speaker 1: to reflect that. So uh at ten contributors are so 80 00:05:09,360 --> 00:05:13,359 Speaker 1: um Um you know, are part of Swinburne University, where 81 00:05:13,720 --> 00:05:16,320 Speaker 1: my co editor Dan Hunter is um the dean of 82 00:05:16,360 --> 00:05:19,279 Speaker 1: the law school. But the theme of dan Under is 83 00:05:19,320 --> 00:05:22,240 Speaker 1: also reflected in the objects, right, so we have the 84 00:05:22,320 --> 00:05:27,119 Speaker 1: WiFi router, the polymer bank note, the Quanta sky beads, 85 00:05:27,279 --> 00:05:31,880 Speaker 1: which are all Australian. But we also wanted this this 86 00:05:32,040 --> 00:05:34,400 Speaker 1: theme of traditional knowledge in the book, and that's where 87 00:05:34,440 --> 00:05:37,320 Speaker 1: the chapter on on Mike Tyson's tattoo comes in because 88 00:05:37,360 --> 00:05:42,200 Speaker 1: it specifically speaks to that topic of cultural appropriation. So 89 00:05:42,360 --> 00:05:46,440 Speaker 1: Tyson's tattoo artists he sued Warner Brothers for using the 90 00:05:46,520 --> 00:05:50,120 Speaker 1: tattoo in the film The Hangover Too, which then started 91 00:05:50,200 --> 00:05:53,839 Speaker 1: this incredibly interesting and and sort of intertwined story of 92 00:05:53,960 --> 00:05:58,440 Speaker 1: claims of ownership that involved tattoo artists in New Zealand 93 00:05:58,960 --> 00:06:02,240 Speaker 1: but also in the Pacific Northwest region because they all 94 00:06:02,279 --> 00:06:06,960 Speaker 1: debated whether this particular tattoo was actually Maori or tribal. 95 00:06:07,960 --> 00:06:11,160 Speaker 1: But The Hangover as a franchise, of course, is one 96 00:06:11,160 --> 00:06:14,520 Speaker 1: of the highest grossing R rated comedies ever made, so 97 00:06:14,600 --> 00:06:17,840 Speaker 1: this was potentially worth a lot of money, and Warner 98 00:06:17,920 --> 00:06:21,279 Speaker 1: almost digitally removed the tattoo from every frame of the 99 00:06:21,360 --> 00:06:24,520 Speaker 1: film before UM it would be released on on home 100 00:06:24,640 --> 00:06:29,159 Speaker 1: video UM. But eventually the case got settled out of 101 00:06:29,200 --> 00:06:32,520 Speaker 1: court now, um, just a few minutes here. But an 102 00:06:32,640 --> 00:06:37,240 Speaker 1: interesting object is also the iconic Chanel two point fifty 103 00:06:37,520 --> 00:06:40,560 Speaker 1: that you say at handbag, because, as you say, Coco 104 00:06:40,680 --> 00:06:45,120 Speaker 1: Chanelle wasn't so concerned about knockoffs. But Chanel today certainly 105 00:06:45,279 --> 00:06:49,680 Speaker 1: is absolutely the person of two five five, which is 106 00:06:49,839 --> 00:06:52,360 Speaker 1: named that way, by the way, for um. Its release 107 00:06:52,440 --> 00:06:57,000 Speaker 1: date of February five is both a highly coveted luxury 108 00:06:57,040 --> 00:07:01,360 Speaker 1: item but simultaneously one of the most copied once and 109 00:07:01,480 --> 00:07:04,960 Speaker 1: this sort of interestingly reflects the history of the company. 110 00:07:05,080 --> 00:07:09,280 Speaker 1: So she herself, Cocus now released sketches of her works 111 00:07:09,320 --> 00:07:12,280 Speaker 1: ahead of shows, and she wanted people who couldn't afford 112 00:07:12,280 --> 00:07:15,800 Speaker 1: her items to to actually buy imitation, which she saw 113 00:07:15,840 --> 00:07:18,760 Speaker 1: as the highest form of flattery. So as long as 114 00:07:18,800 --> 00:07:21,600 Speaker 1: they thought of Chanelle, she she was happy. But of course, 115 00:07:21,640 --> 00:07:24,480 Speaker 1: the current house of Shanelle tries to do everything they 116 00:07:24,520 --> 00:07:29,800 Speaker 1: can to stop the proliferation of counterfeit goods. Right, um, 117 00:07:29,920 --> 00:07:33,720 Speaker 1: And I promised myself if if the book does really well, um, 118 00:07:33,800 --> 00:07:36,800 Speaker 1: I've decided I will get myself a real one as 119 00:07:36,840 --> 00:07:39,800 Speaker 1: a as a present. Oh my goodness, what do they 120 00:07:39,880 --> 00:07:43,960 Speaker 1: run nowadays? It depends on it depends on the material 121 00:07:44,040 --> 00:07:46,360 Speaker 1: that you're buying, but I would say like maybe five 122 00:07:46,480 --> 00:07:50,720 Speaker 1: six thousand dollars. Well, you have some really fascinating pictures 123 00:07:50,720 --> 00:07:52,520 Speaker 1: in the book, and also there are pictures of Fridgitte 124 00:07:52,560 --> 00:07:56,520 Speaker 1: Bardeaux with this and all the different historical figures as 125 00:07:56,560 --> 00:07:59,520 Speaker 1: well as celebrities that have that have had that bag. 126 00:07:59,640 --> 00:08:01,280 Speaker 1: I would like one too, but I don't think it's 127 00:08:01,320 --> 00:08:04,600 Speaker 1: coming my weight. Thank you so much, cloud it's fascinating book. 128 00:08:04,960 --> 00:08:08,600 Speaker 1: It's called The History of Intellectual Property in fifty Objects. 129 00:08:08,600 --> 00:08:11,720 Speaker 1: That was Cloudy Opton camp Senior lecture in Film at 130 00:08:11,720 --> 00:08:16,680 Speaker 1: the Center for Intellectual Property Policy and Management at Bournemouth University. 131 00:08:18,080 --> 00:08:21,040 Speaker 1: Thanks for listening to the Bloomberg Law Podcast. You can 132 00:08:21,080 --> 00:08:24,840 Speaker 1: subscribe and listen to the show on Apple Podcasts, SoundCloud 133 00:08:24,920 --> 00:08:28,800 Speaker 1: and on Bloomberg dot com slash podcast. I'm June Brosso. 134 00:08:29,280 --> 00:08:30,560 Speaker 1: This is Bloomberg