
Behind the Scenes With
Winston Tabb, Representing Libraries at the World Intellectual Property Organization (WIPO)
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- Attack on Open Access
Even very popular government mandates have opponents, and the National Institutes of Health’s (NIH) Public Access Policy certainly has its critics. According to the agency, “The NIH Public Access Policy implements Division G, Title II, Section 218 of PL 110-161 (Consolidated Appropriations Act, 2008). The law states:” The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed...Posted: January 6, 2012 - Behind the Scenes With Winston Tabb, Representing Libraries at the World Intellectual Property Organization (WIPO)
BEHIND THE SCENES WITH WINSTON TABB, REPRESENTING LIBRARIES AT THE WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)Mary Minow: Good morning. I understand that international treaty discussions concerning libraries, archives and copyright are scheduled in Geneva in November 2011. How did that come to be? Winston Tabb: Really, where we began was at the International Federation of Library Associations and Instititutions (IFLA) World Congress in Oslo in 2005. We didn't start with the idea...Posted: July 4, 2011 - Copyright Case Summaries: Interview with Cicely Wilson and Courtney Minick of Justia
Above: Cicely Wilson and Courtney Minick of Justia, holding Sheba and Belle, respectivelyCopyright Case Summaries: Interview with Cicely Wilson and Courtney Minick of JustiaThe Stanford Copyright and Fair Use site is pleased to announce a new feature to aid readers in keeping up and understanding copyright cases in a timely manner: copyright case summaries. To explain this new feature, Mary Minow talks to two editors of Justia, Cicely Wilson and Courtney Minick. Mary Minow: Tell us about the copyright case...Posted: April 22, 2011
What's New
Copyright Case Opinion Summaries 
- Gaylord v. United States
Gaylord created “The Column,” sculptures representing soldiers that are the centerpiece of the Korean War Veterans' Memorial on the National Mall. The Postal Service issued a stamp commemorating the 50th anniversary of the armistice, with a photograph of The Column, licensed from a photographer. USPS issued roughly 86.8 million of the stamps, sold retail goods with the image, and licensed the image to retailers, without seeking Gaylord's permission. In 2006, Gaylord sued under 28 U.S.C. 1498(b) for copyright infringement. The Federal Circuit held that Gaylord owned the copyright and that USPS was liable for infringement, but remanded for determination of damages. The Court of Federal Claims rejected a claim for a 10 percent royalty on about $30.2 million in revenue allegedly generated by the infringing use, as well as a claim for prejudgment interest, finding that neither 28 U.S.C. 1498(b), which waives sovereign immunity for copyright infringement, nor the copyright infringement statute, 17 U.S.C. 504, authorizes a royalty-based award for copyright infringement and that the proper measure of damages was the reasonable value of a license, between $1,500 and $5,000. The Federal Circuit vacated and remanded for determination of market value of the infringing use and award of prejudgment interest.Posted: May 14, 2012 - Banco Popular de Puerto Rico v. Asociacion de Compositores
In 2001 BPPR sought a declaratory judgment under the Copyright Act, 17 U.S.C. 101 after several music publishing companies contacted BPPR claiming that they owned and were owed royalties on music compositions that BPPR had produced and distributed in a series of Christmas concerts. BPPR deposited royalties due on the compositions with the district court and asked the court to declare to whom the royalties were due and distribute them accordingly. LAMCO and others countersued for copyright infringement. The district court denied motions for summary judgment. Several co-defendants settled their claims among themselves and with BPPR. The jury found BPPR liable for infringement of two compositions owned by LAMCO and ACEMLA, and awarded $42,941.00 in compensatory damages. The court found ACEMLA liable for violating a GVLI copyright and ordered $43,405.35 in damages. The First Circuit affirmed, rejecting challenges to the sufficiency of the evidence. The district court properly found that the settlement agreement did not preclude future litigation of 12 undisputed LAMCO songs.Posted: May 11, 2012 - United States v. Aleynikov
Defendant, a computer programmer employed by Goldman Sachs & Co., appealed his conviction for stealing and transferring proprietary computer source code of Goldman's high frequency trading system in violation of the National Stolen Property Act (NSPA), 18 U.S.C. 2314, and the Economic Espionage Act of 1996 (EEA), 18 U.S.C. 1832. Defendant argued, inter alia, that his conduct did not constitute an offense under either statute because: (1) the source code was not a "stolen" "good" within the meaning of the NSPA, and (2) the source code was not "related" to a product "produced for or placed in interstate or foreign commerce" within the meaning of the EEA. The court agreed and concluded that defendant's conduct did not constitute an offense under either the NSPA or the EEA, and that the indictment was therefore legally insufficient. Accordingly, the court reversed the judgment of the district court.Posted: April 13, 2012 - L.A. Printex Industries, Inc. v. Aeropostale, Inc., et al
L.A. Printex appealed the district court's summary judgment order in favor of defendants in L.A. Printex's copyright infringement action. The parties' dispute stemmed from a floral design created by an L.A. Printex designer that later appeared on shirts bearing defendants' trademark. The court held that L.A. Printex raised a genuine dispute of material fact on access and substantial similarity. Accordingly, the court reversed the district court's grant of summary judgment, vacated the award of attorneys' fees, and remanded for further proceedings.Posted: April 9, 2012 - Viacom International, Inc., et al. v. Youtube, Inc., et al.; The Football Assoc. Premier League Ltd., et al. v. Tur, et al.
Plaintiffs appealed from the judgment of the district court granting summary judgment to defendants on all claims of direct and secondary copyright infringement based on a finding that defendants were entitled to safe harbor protection under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512. The court held that, although the district court correctly held that the section 512(c) safe harbor required knowledge or awareness of specific infringing activity, the court vacated the order granting summary judgment because a reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website. The court further held that the district court erred by interpreting the "right and ability to control" infringing activity to require "item-specific" knowledge. Finally, the court affirmed the district court's holding that three of the challenged YouTube software functions fell within the safe harbor for infringement that occurred "by reason of" storage at the direction of the user, and remanded for further fact-finding with respect to a fourth software function. Accordingly, the court affirmed in part, vacated in part, and remanded.Posted: April 5, 2012
Dockets 
- MedTrak VNG, Inc. v. AcuNetx, Inc et al2:2012cv00853Filed in Nevada District CourtType of Suit: CopyrightsDefendant: AcuNetx, Inc and Chapin Hunt. Plaintiff: MedTrak VNG, Inc.Cause Of Action: Copyright InfringementPosted: May 19, 2012
- Mavrix Photo Inc v. Rap Up LLC et al2:2012cv04325Filed in California Central District CourtType of Suit: CopyrightsDefendant: Doe, Devin Lazerine and Rap Up LLC. Plaintiff: Mavrix Photo Inc.Judge: Dean D. PregersonPosted: May 18, 2012
- Graddy v. United States Department of Homeland Security et al4:2012cv00299Filed in Arkansas Eastern District CourtType of Suit: CopyrightsPlaintiff: Katherine Sue Graddy. Defendant: United States Department of Homeland Security, Janet Napolitano, Michael Chertoff, Federal Emergency Management Agency, W Craig Fugate and other.Judge: James M. MoodyCause Of Action: Copyright InfringementPosted: May 18, 2012
- Stellar Records, Inc. v. Frank, Timothy3:2012cv00366Filed in Wisconsin Western District CourtType of Suit: CopyrightsPlaintiff: Stellar Records, Inc. Defendant: Timothy Frank.Cause Of Action: Copyright InfringementPosted: May 18, 2012
- Stoddard White, Jr. v. Twentieth Century Fox Corporat, et al12-55920Filed in Ninth Circuit Court of AppealsType of Suit: CopyrightsPlaintiff - Appellant: STODDARD WHITE, Jr. Defendant - Appellee: TWENTIETH CENTURY FOX CORPORATION, a Delaware corporation, with its principal place of business in California, CONUNDRUM ENTERTAINMENT, a private California Company, PETER J. FARRELLY, an individual, ROBERT L. FARRELLY, Jr., FRONTIER PICTURES, a California corporation and other.Posted: May 18, 2012
Legislation 
- H. R. 3782 - Online Protection and Enforcement of Digital Trade Act (01/18/2012)
- S. 2029 - Online Protection and Enforcement of Digital Trade Act (12/17/2011)
- S. 2008 - Next Generation Television Marketplace Act of 2011 (12/16/2011)
- H. R. 3675 - Next Generation Television Marketplace Act (12/15/2011)
- H. R. 3688 - Equity for Visual Artists Act of 2011 (12/15/2011)
- S. 2000 - Equity for Visual Artists Act of 2011 (12/15/2011)
- S. 1830 - Protect American Innovation Act of 2011 (10/26/2011)
- H. R. 2933 - Sound Recording Simplification Act (07/13/2011)
- S. 1267 - Strengthening America's Trade Laws Act (05/12/2011)
- H. R. 1203 - Fairness for the U.S. Territories Under STELA Act (03/17/2011)
Regulations 
- Copyright Royalty Board - Rule - Statutory licenses; rates and terms: Digital performances of sound recordings and making ephemeral recordings; new subscription service
Copyright Royalty Board, Library of CongressRuleStatutory licenses; rates and terms:Digital performances of sound recordings and making ephemeral recordings; new subscription service,72253-72256 [E7-24734] LIBRARY OF CONGRESS Copyright Royalty Board...Posted: December 20, 2007 - Copyright Royalty Board - Rule - Copyright royalty funds: Preexisting subscription and satellite digital audio radio services; rates and terms adjustment
Copyright Royalty Board, Library of CongressRuleCopyright royalty funds:Preexisting subscription and satellite digital audio radio services; rates and terms adjustment,71795-71798 [E7-24625] LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 382...Posted: December 19, 2007 - Copyright Office - Proposed Rule - Copyright office and procedures: Cable system definition
Copyright Office, Library of CongressProposed RuleCopyright office and procedures:Cable system definition,70529-70540 [E7-24079] LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. 2007-11] Definition of Cable System AGENCY: Copyright...Posted: December 12, 2007 - Copyright Office - Notice - Copyright office and procedures: Satellite carrier compulsory license; rate adjustment
Copyright Office, Library of CongressNoticeCopyright office and procedures:Satellite carrier compulsory license; rate adjustment,68198-68199 [E7-23520] LIBRARY OF CONGRESS Copyright Office [Docket No. 2007-12] Section 119 and the Changes in the...Posted: December 4, 2007 - Copyright Royalty Board - Rule - Noncommercial educational broadcasting; copyrighted works use; statutory license rates and terms
Copyright Royalty Board, Library of CongressRuleNoncommercial educational broadcasting; copyrighted works use; statutory license rates and terms,67646-67652 [E7-23145] LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 2006-2 CRB...Posted: November 30, 2007
Copyright Office 
- Copyright Office Celebrates World Intellectual Property Day
April 26 is World Intellectual Property Day, an international celebration of the creativity, expression, and innovation fostered by copyright law and other protection of intellectual property.Posted: June 1, 2011 - Copyright Office Announces Public Hearing
Section 302 of the Satellite Television Extension and Localism Act (STELA) requires the Copyright Office to prepare a report for Congress addressing possible mechanisms, methods, and recommendations for phasing out the statutory licensing...Posted: June 1, 2011 - Register's Testimony: Promoting Investment and Protecting Commerce Online: Legitimate Sites v. Parasites, Part IPosted: June 1, 2011
- Copyright Office Announces Dates and Times for Public Meeting on Copyright Protection for Pre-1972 Sound Recordings; Invites Participation Requests
The Copyright Office will host a public meeting on copyright protection for pre-1972 sound recordings on June 2, 2011, from 9:00 am to 5:00 pm and on June 3, 2011, from 9:00 am to 1:30 pm at the Library of Congress in Washington, D.C.Posted: June 1, 2011 - Copyright Office Online Registration and Website Unavailable this Weekend
The Library of Congress will be performing network maintenance this weekend. Accordingly, the electronic Copyright Office (eCO) online registration system will be unavailable beginning 3:00 p.m. EST, and www.copyright.gov will be unavailable...Posted: June 1, 2011
Copyright Law Review Articles 
- SSRN Copyright Search - Monopolistic Gatekeepers? Vicarious Liability for Copyright Infringement, by Ke Steven Wan
City University of Hong Kong (CityUHK) - School of Law (February 18, 2011) - SSRN Copyright Search - Guilty by Association: A Case Comment on Robinson v. Films Cinar, by Pierre-Emmanuel Moyse
McGill University - Faculty of Law (February 17, 2011) - SSRN Copyright Search - Access to Network Services and Protection of Constitutional Rights: Recognizing the Essential Role of Internet Access for the Freedom of Expression, by Nicola Lucchi
Universit di Ferrara - Facolt di Giurisprudenza (February 17, 2011) - SSRN Copyright Search - Coming to Terms with Copyright, by David Lametti
McGill University - Faculty of Law (February 8, 2011) - SSRN Copyright Search - The Secret Meaning of Intent, by Ross E. Davies
George Mason University School of Law (February 7, 2011)
Copyright News 
- Greek Court Orders ISP Blockades of 'Pirate' Music Sites - TorrentFreakGreek Court Orders ISP Blockades of 'Pirate' Music Sites
TorrentFreak
The Athens First Instance Court has just handed down a ruling which orders the country's ISPs to begin censoring a pair of sites the music industry says are infringing their copyrights on a grand scale. The ruling is based on Article 64A of law ...and more » Posted: May 21, 2012 - Jury Returns Verdict against M3 Technology in favor of Aspen Technology in ... - MarketWatch (press release)Jury Returns Verdict against M3 Technology in favor of Aspen Technology in ...
MarketWatch (press release)
After a three-week trial, the jury found that M3 Technology had misappropriated AspenTech trade secrets, infringed copyrights in AspenTech's refinery planning and scheduling software, and tortuously interfered with AspenTech's confidentiality and ...and more » Posted: May 21, 2012 - Lata Mangeshkar joins Javed Akhtar's fight for copyright - NDTV

NDTVLata Mangeshkar joins Javed Akhtar's fight for copyright
NDTV
If a songwriter like Javed Saab had stood up with me in the 1960s, a change in copyright rules would have occurred long back. Javed Saab is fighting a much wider battle. Singers and other musicians often die in penury," Lata said.and more » Posted: May 21, 2012 - IFPI Welcomes Court Ruling Finding Vkontakte Liable For Copyright Infringement - Music Indistry News NetworkIFPI Welcomes Court Ruling Finding Vkontakte Liable For Copyright Infringement
Music Indistry News Network
IFPI, representing the recording industry worldwide, today welcomed the verdict of the Russian appeal court on 17th May that confirmed social networking and downloading site vKontakte is liable for copyright infringement. The case against vKontakte ...Posted: May 21, 2012 - Creatives spin copyright licence that sticks to web - RegisterCreatives spin copyright licence that sticks to web
Register
By Out-Law.com • Get more from this author A range of organisations from across the global creative industries have formed a coalition with the aim of developing a universal standard framework for licensing out use of their copyrighted material.Posted: May 21, 2012
Copyright Blog Posts 
- Contacts in New York Trumps Plaintiff's Choice of Forum
SMP Logic Sys., LLC v. Jerome Stevens Pharms., Inc., No. 11 C 5075, Slip Op. (N.D. Ill. Jan. 26, 2012) (Der-Yeghiayan, J.). Judge Der-Yeghiayan transferred this patent case involving pharmaceutical methods to the Eastern District of New York, for the...by R. David DonoghuePosted: May 21, 2012 - tweet digest for week ended 2012-05-20
us senators: we don't like how saverin avoids tax by following the rules. so we'll change the rules. http://t.co/6HX2LYYX # how zuckerberg cut out saverin. fascinating stuff. #whyillneverbeabillionaire http://t.co/ZqAXqGit # no related...by David MaPosted: May 20, 2012 - Letter from AmeriKat: Brought to you by the Letters 'A', 'W' and 'R' and the numbers 50 million and $100 million
The AmeriKat and her niece kitten watching hours of the wonderful Sesame Street Over the past 18 months or so, the AmeriKat has delved back into the once familiar world of Sesame Street, hardback books with impossibly cuddly kittens in them and...Posted: May 20, 2012 - Diary of a Copyright Infringement Lawsuit - 8 (Discovery; Initial Disclosures)
After the parties have their Rule 26 meeting as described in the prior post, they may start the discovery process. The purpose of discovery is to learn about the other party's case. Federal Rule of Civil Procedure 26(b)(1) provides that...by Carolyn E. WrightPosted: May 20, 2012 - Jonathan Bailey on This Week in Law
Since there was no podcast this week following an unfortunate mishap with my Mac, I'd like to turn everyone's attention to a podcast I recorded last week when I appeared on This Week in Law. The show, entitled "Impunity Always Rides...by Jonathan BaileyPosted: May 18, 2012
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