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Code of Best Practices in Fair Use for Open Educational Resources (OER)

American University’s Washington College of Law, along with other academic contributors, has launched the Code of Best Practices in Fair Use for Open Educational Resources (the Code). This forty-plus page report, the goal of which is to assist professors, teachers, librarians, and other educators in evaluating when and how they can incorporate third party copyright […]

New Legislation: The CASE Act

The Copyright Alternative in Small-Claims Enforcement Act (CASE Act) was passed by Congress on December 21, 2020 and signed into law on December 27, 2020 as a part of a much bigger omnibus spending bill. What Is It? The CASE Act creates a “Copyright Claims Board” (the Board) within the U.S. Copyright Office which can […]

Stanford Copyright & Fair Use – Key Overview Updates

Q: Thank you for updating the copyright overview on this site. What are the most important changes that you want us to know? A: Because the update reflects changes from 2014 through 2016 it includes a few decisions that readers may be familiar with such as the Google book scanning decision (Author’s Guild v. Hathitrust, […]

How much of a photo do you need to alter to avoid copyright infringement? Hint: Cheshire Cat

Bloggers and artists often ask, “how much of a photo do you need to alter to avoid copyright infringement?” Five changes? Fifteen? The Seventh Circuit addressed the issue in the Kienitz v Sconnie Nation case recently. According to the court, Sconnie Nation made t-shirts displaying an image of Madison Wisconsin mayor Paul Soglin, using […]

Guidance on websites and copyright registration from the U.S. Copyright Office

As part of its new draft Compendium of U.S. Copyright Office Practices, Third Edition, we have guidance on registration for websites. The draft of the full compendium is over 1200 pages and covers publication, recordation, notice, deposits, along with other topics. Members of the public may make comments anytime before (or after) the Third Edition […]

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Copyright Case Opinion Summaries

Source: Justia Daily Opinion Summaries (feed)

AQUARIAN FOUNDATION, INC. V. LOWNDES

Published on: February 3, 2025

Aquarian Foundation, Inc., a non-profit religious organization, alleged that Bruce Lowndes infringed on its copyrights by uploading spiritual teachings of its late founder, Keith Milton Rhinehart, to various websites. Lowndes claimed he had …

Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc.

Published on: January 14, 2025

Charles James, a home designer, claimed that real estate agents infringed his copyrights by including floorplans of his homes in resale listings. James designed a home with a triangular atrium and stairs, built six homes using the design, an…

TANGLE, INC. V. ARITZIA, INC.

Published on: January 14, 2025

Tangle, Inc. holds copyright registrations for seven kinetic and manipulable sculptures made from 17 or 18 identical, connected, 90-degree curved tubular segments that can be twisted or turned 360 degrees. Aritzia, Inc. owns and operates ret…

Capitol Records v. Vimeo

Published on: January 13, 2025

Plaintiffs, rightsholders of musical recordings affiliated with EMI, sued Vimeo, Inc. and Connected Ventures, LLC for copyright infringement, alleging that Vimeo users uploaded videos containing their copyrighted music without authorization….

BITMANAGEMENT SOFTWARE GMBH v. US

Published on: January 7, 2025

Bitmanagement Software GmBH (“Bitmanagement”) developed software for rendering three-dimensional graphics, specifically “BS Contact Geo,” which was used by the United States Navy (“Navy”) in conjunction with its SPIDERS 3D platform. Initiall…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Howarth v. Che Bella Interiors, LLC

January 31, 2025

Filed: January 31, 2025 as 0:2025cv00376

Plaintiff: Morgan Howarth

Defendant: Che Bella Interiors, LLC doing business as Che Bella Interiors Design + Remodeling

Cause Of Action: 17 U.S.C. § 501 Copyright Infringement

Court: Eighth Circuit › Minnesota › U.S. District Court for the District of Minnesota

Type: Intellectual Property › Copyright

Robert Miller Photographer, LLC v. Internet Marketing Services Inc.

January 31, 2025

Filed: January 31, 2025 as 9:2025cv80140

Plaintiff: Robert Miller Photographer, LLC

Defendant: Internet Marketing Services Inc.

Cause Of Action: 17 U.S.C. § 0501 Copyright Infringement

Court: Eleventh Circuit › Florida › U.S. District Court for the Southern District of Florida

Type: Intellectual Property › Copyright

Craine v. SCC Communications, The Florida Star Newspaper, Inc.

January 31, 2025

Filed: January 31, 2025 as 3:2025cv00095

Plaintiff: Nicole Craine

Defendant: SCC Communications, The Florida Star Newspaper, Inc.

Cause Of Action: 17 U.S.C. § 501 Copyright Infringement

Court: Eleventh Circuit › Florida › U.S. District Court for the Middle District of Florida

Type: Intellectual Property › Copyright

Giron v. Consequence Sound LLC

January 31, 2025

Filed: January 31, 2025 as 9:2025cv80138

Plaintiff: Joe Giron

Defendant: Consequence Sound LLC

Cause Of Action: 17 U.S.C. § 0101 Copyright Infringement

Court: Eleventh Circuit › Florida › U.S. District Court for the Southern District of Florida

Type: Intellectual Property › Copyright

Robert Miller Photographer, LLC v. Internet Marketing Services Inc.

January 31, 2025

Filed: January 31, 2025 as 9:2025cv80139

Plaintiff: Robert Miller Photographer, LLC

Defendant: Internet Marketing Services Inc.

Cause Of Action: 17 U.S.C. § 0501 Copyright Infringement

Court: Eleventh Circuit › Florida › U.S. District Court for the Southern District of Florida

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

Copyright Legislative Developments: S.5379

December 10, 2024

Bill Recently Introduced

S.5379 TRAIN Act, introduced 11/21/2024.

To create an administrative subpoena process to assist copyright owners in determining which of their copyrighted works have been used in the training of artificial intelligence models.

Copyright Legislative Developments: H.R.10103

November 14, 2024

Bill Recently Introduced

H.R.10103 TRIPS Waivers Act, introduced 11/8/2024.

To amend titles 17, 18, and 35, United States Code, the Plant Variety Protection Act, and the Lanham Act to require the submission of a report to Congress before the negotiation of any international agreement relating to an intellectual property right, and for other purposes.

Copyright Legislative Developments: S.4875

September 4, 2024

Bill Recently Introduced

S.4875 NO FAKES Act of 2024, introduced 7/31/2024.

To protect intellectual property rights in the voice and visual likeness of individuals, and for other purposes.

Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act

August 30, 2024

Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act

NewsNet 1051
August 30, 2024

The U.S. Copyright Office is adjusting certain compliance dates related to the corrective adjustment process in its July 9, 2024, final rule on termination rights and other topics related to the Music Modernization Act. The final rule contained a discrepancy between a date in the rule’s regulatory text and its preamble. To resolve any confusion created by the discrepancy and ensure parties have adequate time to participate in the corrective adjustment process, the Office is adjusting the relevant compliance dates for all parties by extending each date by approximately thirty days from the original dates provided in the rule’s regulatory text.

The original final rule and the rule adjusting the compliance dates can both be found on the website.

Copyright Legislative Developments: S.4674

August 19, 2024

Bill Recently Introduced

S.4674 - Content Origin Protection and Integrity from Edited and Deepfaked Media Act of 2024, introduced 7/11/2024.

To require transparency with respect to content and content provenance information, to protect artistic content, and for other purposes.

Copyright Office News

Source: Copyright.gov (feed)

Copyright Office Releases Part 2 of Artificial Intelligence Report

January 29, 2025

Copyright Office Releases Part 2 of Artificial Intelligence Report NewsNet 1060January 29, 2025 Today, the U.S. Copyright Office is releasing Part 2 of its Report on the legal and policy issues related to copyright and artificial intelligence (AI). This Part of the Report addresses the copyrightabil

U.S. Copyright Office Announces Webinar on Copyright Essentials for Visual Artists and Photographers

January 27, 2025

U.S. Copyright Office Announces Webinar on Copyright Essentials for Visual Artists and Photographers NewsNet 1059January 27, 2025 The U.S. Copyright Office invites you to register to attend a Copyright Essentials three-part series of online webinars, with the first session occurring on February 19 a

Copyright Office Publishes Final Rule Relating to Cable, Satellite, and DART License Reporting Practices and Opens Rulemaking on Proposal to Require Pay.gov Use for Statutory Royalty Payments

December 12, 2024

Copyright Office Publishes Final Rule Relating to Cable, Satellite, and DART License Reporting Practices and Opens Rulemaking on Proposal to Require Pay.gov Use for Statutory Royalty Payments NewsNet 1058December 12, 2024 The Copyright Office has published a final rule relating to statements of acco

Final Rule Published in Ninth Triennial Section 1201 Proceeding

October 25, 2024

Final Rule Published in Ninth Triennial Section 1201 Proceeding NewsNet 1057October 25, 2024 The Librarian of Congress, upon the recommendation of the Register of Copyrights, is publishing a final rule in the Federal Register adopting exemptions to the statutory prohibition on circumvention of techn

Copyright Office Announces Arrival of 2024–2026 Ringer Honors Fellow

October 10, 2024

Copyright Office Announces Arrival of 2024–2026 Ringer Honors Fellow NewsNet 1056October 10, 2024 The U.S. Copyright Office is pleased to announce that Elizabeth J. “Liz” Porter has joined the Office as a fellow (2024–2026) in the Barbara A. Ringer Copyright Honors Program. Porter started her two-ye

Copyright Regulations

Source: Justia Regulation Tracker (feed)

Rule - Determination of Adjustment to Administrative Assessment to Fund Mechanical Licensing Collective

October 5, 2023

The Copyright Royalty Judges publish final regulations that adjust the amounts and terms of the Administrative Assessment To fund the Mechanical Licensing Collective.

Proposed Rule - Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments IV)

October 4, 2023

The Copyright Royalty Judges solicit comments on proposed rates and terms for the making of ephemeral copies of sound recordings to facilitate digital audio transmissions of those sound recordings to business establishments pursuant to the limitation on exclusive rights specified by the Copyright Ac

Rule - Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords III)

August 10, 2023

The Copyright Royalty Judges announce their final determination after remand of the rates and terms for making and distributing phonorecords for the period beginning January 1, 2018, and ending on December 31, 2022.

Notice - Determination of Adjustment to Administrative Assessment To Fund Mechanical Licensing Collective

June 30, 2023

The Copyright Royalty Judges announce commencement of a proceeding to determine an adjustment to the administrative assessment that digital music providers and any significant nonblanket licensees must pay to fund the operations of the Mechanical Licensing Collective (MLC); set the date by which the

Rule - Determination of Rates and Terms for Public Broadcasting (PB IV)

June 28, 2023

The Copyright Royalty Judges publish final regulations that set rates and terms for use of certain works in connection with noncommercial broadcasting for the period from January 1, 2023, through December 31, 2027.

Copyright Blogs

Source: Justia BlawgSearch (feed)

Do We Know Them Podcasters Win Fair Use CCB Case

February 3, 2025

The Copyright Claims Board has ruled in favor of two podcasters in a bitter battle over fair use and a TikTok video. The post Do We Know Them Podcasters Win Fair Use CCB Case appeared first on Plagiarism Today.

3 Count: Lawsuit of Steel

February 3, 2025

Superman co-creator's estate sues Warner, Sundance films pulled over piracy concerns and court rejects Musi's injunction against Apple. The post 3 Count: Lawsuit of Steel appeared first on Plagiarism Today.

CJEU finds that all absolute grounds for refusal were created equally

February 3, 2025

The Court of Justice of the EU (‘CJEU’) recently held in its Neoperl decision (C-93/23 P) that there is no order in which absolute grounds for refusal must be assessed and that none of them takes precedence over the other. In particular, the requirement of representation need not be examined prior t

'Retromark: the conference' is back on 3 April 2025 – sign up now!

February 3, 2025

RetroKatsThe sixth annual Retromark conference returns for another afternoon of in-person trade mark law and practice hosted by Darren Meale of Simmons & Simmons and the IPKat on Thursday, 3 April 2025. This year, the keynote speech will be delivered by Professor Johanna Gibson, Herchel Smith Pr

Understanding the Copyrightability of AI: Insights from the U.S. Copyright Office

February 3, 2025

The United States Copyright Office released its second report dealing with artificial intelligence (AI) and copyright. The report, Copyright and Artificial Intelligence Part 2: Copyrightability, unsurprising, concludes that copyright does not extend to purely AI-generated material where there is ins

Fairly Used Blog

Source: Stanford Copyright and Fair Use Center (feed)

Code of Best Practices in Fair Use for Open Educational Resources (OER)

By Cicely Wilson

Published on: June 10, 2021

New Legislation: The CASE Act

By Cicely Wilson

Published on: June 7, 2021

Celebrating the unfreezing of the public domain

By Mary Minow

Published on: January 30, 2019

For the first time in twenty years, published works in the U.S. expired into the public domain. This anomaly was the direct result of the Copyright Term Extension Act that extended the length of copyright for works still in their renewal term at the time of the Act to 95 years. This effectively froze the […]

Stanford Copyright & Fair Use – Key Overview Updates

By Mary Minow

Published on: April 11, 2017

Future of Libraries – Need First Sale for ebooks

By Mary Minow

Published on: February 19, 2017

How will libraries hold onto ebooks and other digital files like mp3s so that readers and scholars in the future can still read them? The current state of affairs relies on license agreements with publishers who in turn license to vendors, who in turn, license to libraries. Hardly sustainable when files can and do disappear […]

Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act

NewsNet 1051August 30, 2024

NewsNet 1051
August 30, 2024