Fairly Used Blog 
- Disability access comments due to Copyright Office Nov 13
Copyright Office Notice of Inquiry and Request for Comments onthe Topic of Facilitating Access to Copyrighted Works for the Blind orOther Persons With DisabilitiesThe proposal would permit the cross-border import,export and qualified distribution of copyrighted works in accessibleformats without the permission of the rights holders, including tocountries that presently lack, in their national laws, a specificcopyright exception or other legal framework for serving the visuallyimpaired. The proposal would... - Mostly bad news for educational fair use
(posted by Peter Hirtle; cross-posted from http://blog.librarylaw.com)Earlier this fall I wrote about what I called "the other coursepack case" (in Michigan, as opposed to the Georgia State case). Partial summary judgment has been granted, and it is a mixed bag for educational fair use. In the decision, the judge rejected all of the defenses that the defendant, Excel Copying, put forward. First, the court rejected, as I suspected it would, the argument that the licenses secured by the University... - Update: District court grants partial s.j. to publishers in copyshop case
Although the students press the "start" button to make a copy of a coursepack, the copyshop is the "source of the reproduction" supplying a master copy of the coursepack, equipment and staff assistance. This is vastly different, says the court, from a scenario in which a student gets a coursepack from a friend and steps into a copyshop to duplicate. Short work is made of the Fair Use analysis: Purpose is commercial (it's the copyshop's purpose, not the student's)Nature - creativeAmount -...
What's New
Featured Cases 
- Perfect 10 Inc v. Google Inc et alPlaintiff Perfect 10 sued defendant Google Inc. for displaying thumbnails of photographs copyrighted by the plaintiff. Consolidated with Perfect 10 Inc. v. Amazon.com Inc. et al. Additional Resources Ninth Circuit Opinion in Perfect 10 v. Google and Amazon.California Central District CourtCopyrightFiled: November 19, 2004Plaintiff: Perfect 10 Inc; Defendant: Google Inc, DoesCounter Claimant: Google Inc, Counter Defendant: Perfect 10 IncLast Docket Filed: November 25, 2009
- The Author's Guild et al v. Google Inc.Plaintiffs The Author's Guide. Herbert Mitgang, Betty Miles and Daniel Hoffman sued Google Inc. for reproducing a digital copy of plaintiffs' works without the copyright holders' permission and in violation of the authors' rights under the copyright laws.New York Southern District CourtCopyrightFiled: September 20, 2005Plaintiff: The Author's Guild, The Author's Guild, The Author's Guild, The Author's Guild, The Author's Guild and others... Defendant: Google Inc., Google Inc., Google Inc., Google Inc., Google Inc.Last Docket Filed: November 24, 2009
- Apple Inc. v. Psystar CorporationPlaintiff Apple Inc. alleged that Defendant Psystar Corporation sold in commerce a computer named the OpenMac--subsequently changed to Open Computer--which runs a modified version of the Leopard operating system without authorization from Plaintiff and in violation of the terms of the Software License Agreement governing the use of Mac OS X software and Plaintiff's intellectual property., Defendant also provided direct copies and/or modified versions of Plaintiff's software updates.California Northern District CourtPlaintiffFiled: July 3, 2008Last Docket Filed: November 24, 2009
- Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et alCalifornia Northern District CourtTrademarkFiled: August 1, 2007Plaintiff: Louis Vuitton Malletier, S.A.; Defendant: Akanoc Solutions, Inc., Managed Solutions Group, Inc., Steven ChenLast Docket Filed: November 23, 2009
- Fairey et al v. The Associated PressClaim that iconic Obama poster infringes on AP photo copyrightNew York Southern District CourtPlaintiffFiled: February 9, 2009Plaintiff: Shepard Fairey, Obey Giant Art, Inc; Defendant: The Associated PressLast Docket Filed: November 23, 2009
Dockets 
- Broadcast Music, Inc. et al v. Country Club Restaurants, Inc. et alFlorida Middle District CourtCopyrightsFiled: November 25, 2009Plaintiff: Broadcast Music, Inc., Broadcast Music, Inc., Harrick Music, Inc., Harrick Music, Inc., EMI Virgin Songs, Inc. and others... Defendant: Country Club Restaurants, Inc., Raymond Frederick, Richard R. Perkins
- Home Design Services, Inc. v. Quality Built, Inc. et alColorado District CourtCopyrightsFiled: November 25, 2009Plaintiff: Home Design Services, Inc. Defendant: Quality Built, Inc., Raymond H. Robidoux
- Jobete Music Co., Inc. et al v. Tres Peros, LLC et alColorado District CourtCopyrightsFiled: November 25, 2009Plaintiff: Jobete Music Co., Inc., Jobete Music Co., Inc., Black Bull Music, Inc., Black Bull Music, Inc., Controversy Music and others... Defendant: Tres Peros, LLC, William Kennedy
- Scholz Design, Inc. v. Custom Homes of Great Bay, Inc.New Hampshire District CourtCopyrightsFiled: November 25, 2009
- Tianhai Lace USA LLC. v. Van Dale Industries, Inc. et alNew York Southern District CourtCopyrightsFiled: November 25, 2009Plaintiff: Tianhai Lace USA LLC., Tianhai Lace USA LLC. Defendant: Van Dale Industries, Inc., Albert Ades
Legislation 
- H. R. 3570 - Satellite Home Viewer Update and Reauthorization Act of 2009 (05/21/2009)
- H. R. 2344 - Webcaster Settlement Act of 2009 (05/12/2009)
- H. R. 1860 - Four Corners Television Access Act of 2009 (04/01/2009)
- H. R. 2196 - Design Piracy Prohibition Act (04/01/2009)
- H. R. 848 - Performance Rights Act (02/04/2009)
- S. 379 - Performance Rights Act (02/04/2009)
- H. R. 801 - Fair Copyright in Research Works Act (02/03/2009)
- H. R. 505 - To amend section 119 of title 17, United States Code, to allow the secondary transmission to any subscriber in State of Oklahoma ... (01/14/2009)
Regulations 
- Copyright Royalty Board - Notice - Intent to Audit
Copyright Royalty Board, Library of CongressNoticeIntent to Audit ,61176-61177 [E9-27980] LIBRARY OF CONGRESS Copyright Royalty Board Notice of Intent To Audit AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Public notice. SUMMARY: The... - Copyright Office - Rule - Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Copyright Office, Library of CongressRuleExemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies ,55138-55139 [E9-25850] LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2008-08]... - Copyright Office - Notice - Notice of Inquiry and Request for Comments: Facilitating Access to Copyrighted Works for the Blind or Other Persons With Disabilities
Copyright Office, Library of CongressNoticeNotice of Inquiry and Request for Comments:Facilitating Access to Copyrighted Works for the Blind or Other Persons With Disabilities ,52507-52509 [E9-24539] LIBRARY OF CONGRESS Copyright Office Copyright... - Copyright Royalty Board - Rule - Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
Copyright Royalty Board, Library of CongressRuleNotice and Recordkeeping for Use of Sound Recordings Under Statutory License ,52418-52427 [E9-24556] LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 370 [Docket No. RM 2008-7] Notice and... - Copyright Office - Proposed Rule - Mandatory Deposit of Published Electronic Works Available Only Online
Copyright Office, Library of CongressProposed RuleMandatory Deposit of Published Electronic Works Available Only Online ,48191 [E9-22791] LIBRARY OF CONGRESS Copyright Office 37 CFR Part 202 [Docket No. RM 2009-3] Mandatory Deposit of Published...
Copyright Office 
- Librarian of Congress Extends Existing Classes of Works Exempt from Prohibition on Circumvention
The Librarian of Congress is extending, on an interim basis, the existing classes of works with respect to which the prohibition against circumvention of technological measures that control access to copyrighted works shall not apply when persons... - Copyright Office Extends Deadline for Comments on Mandatory Deposit for Electronic Works Published Only Online
The Copyright Office is extending the time in which reply comments may be filed in response to its Notice of Proposed Rulemaking regarding amendments to regulations governing mandatory deposit of electronic works published in the United States and... - Notice of Inquiry and Request for Comments on Facilitating Access to Copyrighted Works for the Blind or Other Persons with Disabilities
The Copyright Office and the United States Patent and Trademark Office seek comment on possible solutions to enhance the accessibility of copyrighted works for the benefit of the blind or other persons with disabilities. - Copyright Licensing in a Digital Age:
Competition, Compensation and the Need to Update the Cable and Satellite TV Licenses. - Planned eCO Service Outage
eCO, the Copyright Office online system for filing copyright registrations, will be unavailable from 8:00 p.m. on Friday, September 4 until 12 noon on Saturday, September 5, eastern time, while the Library of Congress performs a critical equipment...
Copyright Law Review Articles 
- SSRN Copyright Search - Information Cost Theory and the Design of Copyright Systems: Presentation Slides IPSC 2009, by Zohar Efroni
Stanford's Center for Internet and Society (November 29, 2009) - SSRN Copyright Search - English Translation: Metall auf Metall (Kraftwerk, et al. v. Moses Pelham, et al.), Decision of the German Federal Supreme Court no. I ZR 112/06, dated November 20, 2008, by Neil Conley
affiliation not provided to SSRN and Benjamin N. Cardozo School of Law (November 29, 2009) - SSRN Copyright Search - Examining Law Journal Publication Agreements for Copyright Transfers and Self-Archiving Rights, by Benjamin J. Keele
University of Nebraska-Lincoln (November 29, 2009) - SSRN Copyright Search - Legal Protection of the Web Page as a Database, by Mirko Luca Lobina
affiliation not provided to SSRN and European University of Rome (November 25, 2009) - SSRN Copyright Search - Masking Models and Watermarking: A Discussion on Methods and Effectiveness, by Mirko Luca Lobina
affiliation not provided to SSRN , European University of Rome and affiliation not provided to SSRN (November 25, 2009)
Copyright News 
- Pub Owner Fined £8k for Copyright Infringement via Wi-Fi - Hard OCP

Examiner.comPub Owner Fined £8k for Copyright Infringement via Wi-Fi
Hard OCP
... or visitors internet access, they would be "not be responsible in theory" for users' unlawful downloads, under "existing substantive copyright law".
Should Wi-Fi hotspot owners be held liable for customer actions?Examiner.com
Pub 'fined £8k' for Wi-Fi copyright infringementZDNet UK
Pub fined £8000 for customer's illicit downloads, ZDNet reportsguardian.co.uk TechRadar UK -ISPReview UK -CNET News all 15 news articles » - Copyright Infringement for Nintendo - Cubed3

TFTS (blog)Copyright Infringement for Nintendo
Cubed3
... legal team has been instructed to look into whether a move to emulate it's old consoles on a mobile phone is an infrigement to it's copyright. ...
Nokia's new N900 features possibly illegal Nintendo EmulatorsGamekicker.com all 7 news articles » - Bar Owner Fined $13000 For Copyright Infringement on an Open Hotspot - Maximum PC

Maximum PCBar Owner Fined $13000 For Copyright Infringement on an Open Hotspot
Maximum PC
Alcohol has been blamed for some pretty outrageous things over the years, but this is the first time I've heard anyone blame it for copyright infringement. ... - Revised Copyright Act to pinch broadcasters' pockets - Business StandardRevised Copyright Act to pinch broadcasters' pockets
Business Standard
The ?fair use? provision of Section 52 of the Copyright Act allows broadcasters to reproduce popular songs and music using their own orchestra, ... - Apple moves to kill second Psystar lawsuit - Computerworld

CrunchGear (blog)Apple moves to kill second Psystar lawsuit
Computerworld
Apple fired the first salvo in the long-running case by suing Psystar in July 2008, accusing it of violating its copyright and software license. ...
Psystar Tries To Sell 1.45 Million Fake Apple ComputersAURUM3 NewTech
Psystar Only Sold 768 Hackintosh'sMaximum PC
Psystar boldy predicted sales of OSX clones in the millionsExaminer.com TECH.BLORGE.com all 29 news articles »
Copyright Blog Posts 
- Sports DMCA (Copyright) Complaint to Google
DMCA Notices: Sports DMCA (Copyright) Complaint to Google; From: BCCI-India v Australia 2009/10 To: Google, Inc. [Blogger] Date: 2009-11-09by Chilling Effects Clearinghouse Notices - Non Profit Mix CD
...clearance agent). The Dear Rich Staff notes that you may be able to get away with selling your CD without permission but if any of the copyright owners find out about it, they can go after you and they may even go after the nonprofit if it's...by Noloâ?s Patent, Copyright, and Trademark Blog - Arista v Does 1-16 argued on November 20th
In Arista v. Does 1-16, the appeal from the lower court's rulings was argued in the United States Court of Appeals for the Second Circuit, on Friday, November 20th. Decision was reserved. Briefs: Brief of Appellant Appellees' Brief Appellant's Reply...by Recording Industry vs The People - Guardian on UK Digital Economy Bill
The Guardian's editorial on the UK bill pulls no punches: The digital economy bill is misnamed. A more honest title for the legislation, recently introduced in the Lords, would be the copyright protection and punishment bill. It is less about...by Michael Geist's Blog - It Doesn't Work for an Intermediary to Own the User
That line, from a column excoriating Apple for the ongoing disaster that is their App Store, is by Paul Graham. Now it happens that he's talking about software and the ways in which it is not like hardware or like media. And yet it's also...by Copyfight
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