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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)

Thaler v. Perlmutter

Published on: March 18, 2025

A computer scientist, Dr. Stephen Thaler, created an artificial intelligence system called the “Creativity Machine,” which autonomously generated an artwork titled “A Recent Entrance to Paradise.” Dr. Thaler submitted a copyright registratio…

Design Gaps, Inc. v. Shelter, LLC

Published on: March 3, 2025

Jason and Kacie Highsmith hired Shelter, LLC to manage a home renovation project and later contracted with Design Gaps, Inc. to design and install cabinets and closets. The contracts required arbitration for disputes but did not specify comp…

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…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Jantz & Jantz GbR d/b/a Anita's & Bella's Art/Artwork v. The Partnerships and Unincorporated Associations Identified on Schedule A

March 19, 2025

Filed: March 19, 2025 as 1:2025cv02896

Plaintiff: Jantz & Jantz GbR d/b/a Anita's & Bella's Art/Artwork

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

Cause Of Action: 17 U.S.C. § 101 Copyright Infringement

Court: Seventh Circuit › Illinois › U.S. District Court for the Northern District of Illinois

Type: Intellectual Property › Copyright

Jantz & Jantz GbR d/b/a Anita's & Bella's Art/Artwork v. The Partnerships and Unincorporated Associations Identified on Schedule A

March 19, 2025

Filed: March 19, 2025 as 1:2025cv02887

Plaintiff: Jantz & Jantz GbR d/b/a Anita's & Bella's Art/Artwork

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

Cause Of Action: 17 U.S.C. § 101 Copyright Infringement

Court: Seventh Circuit › Illinois › U.S. District Court for the Northern District of Illinois

Type: Intellectual Property › Copyright

Jantz & Jantz GbR d/b/a Anita's & Bella's Art/Artwork v. The Partnerships and Unincorporated Associations Identified on Schedule A

March 19, 2025

Filed: March 19, 2025 as 1:2025cv02890

Plaintiff: Jantz & Jantz GbR d/b/a Anita's & Bella's Art/Artwork

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

Cause Of Action: 17 U.S.C. § 101 Copyright Infringement

Court: Seventh Circuit › Illinois › U.S. District Court for the Northern District of Illinois

Type: Intellectual Property › Copyright

Jantz & Jantz GbR d/b/a Anita's & Bella's Art/Artwork v. The Partnerships and Unincorporated Associations Identified on Schedule A

March 19, 2025

Filed: March 19, 2025 as 1:2025cv02882

Plaintiff: Jantz & Jantz GbR doing business as Anita's & Bella's Art/Artwork

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

Cause Of Action: 17 U.S.C. § 101 Copyright Infringement

Court: Seventh Circuit › Illinois › U.S. District Court for the Northern District of Illinois

Type: Intellectual Property › Copyright

Adam Arthouros Martinakis v. The Partnerships and Unincorporated Associations Identified on Schedule A

March 19, 2025

Filed: March 19, 2025 as 1:2025cv02886

Plaintiff: Adam Arthouros Martinakis

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

Cause Of Action: 17 U.S.C. § 101 Copyright Infringement

Court: Seventh Circuit › Illinois › U.S. District Court for the Northern District of Illinois

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

Copyright Legislative Developments: H.R.791

March 5, 2025

Bill Recently Introduced

H.R.791. Foreign Anti-Digital Piracy Act, introduced 1/28/2025.

To amend title 17, United States Code, to provide for blocking orders relating to specifically identified infringing foreign websites or online services, and for other purposes.

Copyright Legislative Developments: H.R.861

February 28, 2025

Bill Recently Introduced

H.R.861. American Music Fairness Act of 2025, introduced 1/31/2025.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes.

Copyright Office Issues Notification of Inquiry on Issues Related to Performing Rights Organizations

February 10, 2025

Copyright Office Issues Notification of Inquiry on Issues Related to Performing Rights Organizations

NewsNet 1061
February 10, 2025

Today the Copyright Office published a Notice of Inquiry (NOI) on Issues Related to Performing Rights Organizations. The Office issued this notice in response to a congressional request to gather comments on the increase in the number of performance right organizations (PROs) in the United States and their licensing revenue distribution practices. The NOI solicits public input on these topics and other related questions to assist in their further consideration.

The NOI can be found on the Office’s website. Initial public comments must be received by April 11.

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 Office News

Source: Copyright.gov (feed)

U.S. Copyright Office Announces Webinar on Copyright Essentials for Musicians

March 20, 2025

U.S. Copyright Office Announces Webinar on Copyright Essentials for Musicians NewsNet 1067March 20, 2025 The U.S. Copyright Office invites you to register to attend a Copyright Essentials three-part series of online webinars, with the second session occurring on April 16 at 1:00 p.m. eastern time. C

Emily Chapuis Appointed Acting General Counsel and Associate Register of Copyrights

March 13, 2025

Emily Chapuis Appointed Acting General Counsel and Associate Register of Copyrights NewsNet 1066 March 13, 2025 Register of Copyrights Shira Perlmutter today announced that Emily Chapuis will serve as Acting General Counsel and Associate Register of Copyrights at the United States Copyright Office,

Library to Host Copyright Public Modernization Committee Meeting April 3

March 10, 2025

Library to Host Copyright Public Modernization Committee Meeting April 3 NewsNet 1065 March 10, 2025 The Library of Congress issued the following press release: The Library of Congress has announced the next meeting of the Copyright Public Modernization Committee (CPMC) will take place on Thursday,

U.S. Copyright Office Issues a Notice of Inquiry Initiating a Study of the Copyright Claims Board

March 10, 2025

U.S. Copyright Office Issues a Notice of Inquiry Initiating a Study of the Copyright Claims Board NewsNet 1064March 10, 2025 As required by the Copyright Alternative in Small-Claims Enforcement Act of 2020, the Copyright Office has issued a notice of inquiry initiating a study of the Copyright Claim

Copyright Office Adjusts Compliance Date in its Earlier Final Rule Relating to Cable, Satellite, and DART License Reporting Practices

February 28, 2025

Copyright Office Adjusts Compliance Dates in its Earlier Final Rule Relating to Cable, Satellite, and DART License Reporting Practices NewsNet 1063 February 28, 2025 The Copyright Office is adjusting certain compliance dates related to the reporting requirements for cable operators under the section

Copyright Regulations

Source: Justia Regulation Tracker (feed)

Notice - Notice of Intent To Audit

February 18, 2025

The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2022, 2023, and 2024 statements of account submitted by commercial webcasters Alpha Media LLC and Univision Communications Inc. concerning royalty payments they made pursuant to two statutory li

Proposed Rule - Determination of Rates and Terms for Digital Performance of Sound Recordings by New Subscription Services and Making of Ephemeral Copies To Facilitate Those Performances (NSS V); Correction

February 10, 2025

On December 19, 2024, the Copyright Royalty Judges published for comment proposed regulations governing the rates and terms for the digital performances of sound recordings by new subscription services and for the making of ephemeral recordings necessary to facilitate those transmissions for the per

Notice - Notice of Intent To Audit

January 14, 2025

The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2021, 2022, and 2023 statements of account submitted by commercial webcasters Beasley Mezzanine Holdings, LLC, Hubbard Broadcasting Inc., iHeartMedia, and Midwest Communications, Inc. and non-co

Rule - Ruling on Regulatory Interpretation for Business Establishment Services

January 10, 2025

The Copyright Royalty Judges publish their ruling on regulatory interpretation in a matter that was referred to them by the United States District Court for the District of Columbia. The regulation at issue is the definition of "Gross Proceeds" in the rates and terms set forth through settlements in

Proposed Rule - Determination of Rates and Terms for Digital Performance of Sound Recordings by New Subscription Services and Making of Ephemeral Copies To Facilitate Those Performances (NSS V)

December 19, 2024

The Copyright Royalty Judges are publishing for comment proposed regulations governing the rates and terms for the digital performances of sound recordings by new subscription services and for the making of ephemeral recordings necessary to facilitate those transmissions for the period commencing Ja

Copyright Blogs

Source: Justia BlawgSearch (feed)

Ernie The Attorney: Blawg Review #72

March 20, 2025

Originally posted 2014-03-14 10:40:54. Republished by Blog Post PromoterErnie The Attorney presents Blawg Review #72. He’s one of the pioneer law bloggers, or that’s how I’ve always seen him. He’s an interesting guy for a lawyer, whose last name is Svenson but who grew up speaking Spanish and is qui

Securing market protection for cell therapies: Patents versus regulatory exclusivity

March 20, 2025

Cell therapies represent incredibly exciting science and the opportunity to treat previously intractable diseases. Cell therapies nonetheless face unique challenges in the pharmaceutical marketplace. One of these challenges is ensuring that the IP strategy for a cell therapy will secure return of in

US Court of Appeal confirms human authorship requirement, including for AI

March 20, 2025

A Recent Entrance to ParadiseCan a work that is presented as being entirely AI-generated receive protection under copyright law? The answer, unsurprisingly, is ‘no’.Earlier this week, the US Court of Appeal for the District of Columbia Circuit upheld all previous decisions that had refused to accept

Court of Appeals Affirms Registration Refusal for AI-Generated Output

March 20, 2025

In 2019, Stephen Thaler developed an AI system he called The Creativity Machine. He generated output he called A Recent Entrance to Paradise. When he applied to register a copyright claim in the output, he listed the machine as the author. He claimed ownership of the work as a work made for hire. In

Apple variety infringement ruling sees record-breaking amount of damages in China

March 19, 2025

The Supreme People’s Court has confirmed that a New Zealand company was entitled to a record amount of compensation for the unauthorised plantings and sale of its 'Scilate' apple variety in China. The Court awarded RMB 3.3 million (£319,000) in damages along with an order that the defendan

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 […]

Copyright Office Issues Notification of Inquiry on Issues Related to Performing Rights Organizations

NewsNet 1061February 10, 2025

NewsNet 1061
February 10, 2025