Copyright Term and the Public Domain in the United States - 2010 Update
An interview with Peter Hirtle
Fairly Used Blog 
- Do you need to send an copy of your online works to the Copyright Office for deposit? Interim regulations (Jan. 25) allow exemptions for most online works - for now.
The Copyright Office issued an interim regulation in the Federal Register Jan 25, giving a qualified exemption to mandatory copyright deposit requirement for online works published in the United States. The exemption does not apply to online works that are also published in physical form.The regulation exempts online works, but only unless the Copyright Office issues a demand for deposit. The Copyright Office will set up categories of works subject to demand, starting with electronic serials... - Good rundown on Anti-Counterfeiting Trade Agreement (ACTA) by Michael Geist
Michael Geist offers us a useful background on the Anti-Counterfeiting Trade Agreement (ACTA) talks happening now in Mexico in The ACTA Guide, Part One: The Talks To-DateHe includes a chronology going back to 2004 on origins of the anti counterfeiting trade agreement. He also provides a summary of the leaked U.S. proposal from last November. See especially these provisions that tighten inducement and access (as the DMCA does).Paragraph 2 - Third party liability. The third party liability provisions... - Evolution of U.S. formalities in copyright - Jane Ginsberg's analysis
Take a look at the evolution of U.S. formalities, especially as represented in concise chart form on pages 12-13 in Jane Ginsberg's "The US Experience with Copyright Formalities: A Love/Hate Relationship"Columbia Public Law Research Paper No. 10-225, posted for free at SSRN.It is especially useful in detailing deposit requirements, and the effect of recordation of transfers. Also takes a look at alternatives to registration wrt "marking off" ownership rights a la Creative Commons, noting that the DMCA...
What's New
Featured Cases 
- 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: February 5, 2010
- Marvel Worldwide, Inc. et al v. Kirby et alNew York Southern District CourtNoneFiled: January 8, 2010Plaintiff: Marvel Worldwide, Inc., Marvel Worldwide, Inc., Marvel Worldwide, Inc., Marvel Worldwide, Inc., Marvel Worldwide, Inc. and others... Defendant: Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. KirbyLast Docket Filed: February 5, 2010
- 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: February 4, 2010
- 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: February 2, 2010
- 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: February 1, 2010
Dockets 
- WOLFF et al v. KAHN et alPennsylvania Eastern District CourtCopyrightsFiled: February 9, 2010Plaintiff: BRIAN R. WOLFF, INTERNATIONAL INTELLECTUAL PROPERTY, INC. Defendant: ALFRED KAHN, BRAINWORKS DESIGN GROUP, INC.
- Solutions Group, Inc. v. Freescale Semiconductor, Inc.Texas Western District CourtCopyrightsFiled: February 8, 2010Plaintiff: Solutions Group, Inc., Solutions Group, Inc. Defendant: Freescale Semiconductor, Inc., Freescale Semiconductor, Inc. Counter Plaintiff: Freescale Semiconductor, Inc., Freescale Semiconductor, Inc. Counter Defendant: Solutions Group, Inc., Solutions Group, Inc.
- Denmoss, Inc. v. Nuance Industries, Inc.New York Southern District CourtCopyrightsFiled: February 5, 2010Plaintiff: Denmoss, Inc. Defendant: Nuance Industries, Inc.
- Designs Combined Inc. v. Transpac, Inc.New York Southern District CourtCopyrightsFiled: February 5, 2010Plaintiff: Designs Combined Inc., Designs Combined Inc. Defendant: Transpac, Inc.
- Graham Hanson Design LLC v. Waterscape Resort LLC et alNew York Southern District CourtCopyrightsFiled: February 5, 2010Plaintiff: Graham Hanson Design LLC, Graham Hanson Design LLC Defendant: Waterscape Resort LLC, Solly Assa
Legislation 
- S. 1670 - Satellite Television Modernization Act of 2009 (09/15/2009)
- H. R. 3570 - Satellite Home Viewer Update and Reauthorization Act of 2009 (09/15/2009)
- H. R. 3498 - Statewide PTV Access Act of 2009 (07/31/2009)
- H. R. 3326P. L. 111-118 - Department of Defense Appropriations (07/24/2009)
- H. R. 3216 - Local Television Freedom 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 - Rule - Digital Performance Right in Sound Recordings and Ephemeral Recordings
Copyright Royalty Board, Library of CongressRuleDigital Performance Right in Sound Recordings and Ephemeral Recordings ,6097-6098 [2010-2644] LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 380 [Docket No. 2005-1 CRB DTRA] Digital Performance... - Copyright Royalty Board - Rule - Determinations of Rates and Terms: Preexisting Subscription Services and Satellite Digital Audio Radio Services
Copyright Royalty Board, Library of CongressRuleDeterminations of Rates and Terms:Preexisting Subscription Services and Satellite Digital Audio Radio Services ,5513-5514 [2010-2219] LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 382 [Docket... - Copyright Royalty Board - Notice - Distribution of the 2004 through 2007 Satellite Royalty Funds
Copyright Royalty Board, Library of CongressNoticeDistribution of the 2004 through 2007 Satellite Royalty Funds ,4423-4424 [2010-1646] LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2010-2 CRB SD 2004--2007] Distribution of the 2004 Through... - Copyright Office - Rule - Mandatory Deposit of Published Electronic Works Available Only Online
Copyright Office, Library of CongressRuleMandatory Deposit of Published Electronic Works Available Only Online ,3863-3870 [2010-1202] LIBRARY OF CONGRESS Copyright Office 37 CFR Part 202 [Docket No. RM 2009-3] Mandatory Deposit of Published... - Copyright Royalty Board - Proposed Rule - Digital Performance Rights in Sound Recordings and Ephemeral Recordings for New Subscription Services
Copyright Royalty Board, Library of CongressProposed RuleDigital Performance Rights in Sound Recordings and Ephemeral Recordings for New Subscription Services ,3666-3668 [2010-1172] [read document]View Document | Download PDF
Copyright Office 
- 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 - Freedom, Ownership and Copyright: Why Does Kant Reject the Concept of Intellectual Property?, by Maria Chiara Pievatolo
University of Pisa - Department of Political Science (February 8, 2010) - SSRN Copyright Search - The Failure of the PRO-IP Act in a Consumer Empowered ERA of Information Production, by Morris A. Singer
Sufffolk University Law School (February 8, 2010) - SSRN Copyright Search - Bibliography of California Resources (Chapter 6 in Locating the Law), by Patrick Meyer
Thomas Jefferson School of Law (February 6, 2010) - SSRN Copyright Search - Filtering, Piracy Surveillance, and Disobedience, by Sonia Katyal
Fordham University - School of Law (February 6, 2010) - SSRN Copyright Search - Introduction (Chapter 1) and Federal Law (Chapter 7) in Locating the Law, by Karla M. Castetter
Thomas Jefferson School of Law (February 6, 2010)
Copyright News 
- No surprise people ignore copyright - Sydney Morning Herald

TopNews United StatesNo surprise people ignore copyright
Sydney Morning Herald
Thirty-four corporations, including Universal City Studios, Warner Brothers and Disney, had alleged that iiNet's decision not to pass on copyright ...
Exetel to change copyright infringement policyTelecompaper (subscription)
Rudd non-committal on copyright law change chancesComputerworld Australia
Copyright code for ISPs? They've tried before, and failediTWire Allens Arthur Robinson -The Australian -ZDNet Australia all 32 news articles » - Google Book Settlement Falls Short For Justice Dept. - InformationWeek

Washington PostGoogle Book Settlement Falls Short For Justice Dept.
InformationWeek
Google's latest effort to settle the copyright lawsuit brought against it by The Authors Guild and several publishers in 2005 suffered a ...
Justice Dept to Google Books: Close, But No CigarWired News
US Department of Justice objects to Google book planBBC News
DOJ: Google can't leverage class action to settle with future authorsBetaNews Computerworld -New York Times -Ars Technica all 697 news articles » - Resist Google's siren calls on book deal - The Guardian

New Zealand HeraldResist Google's siren calls on book deal
The Guardian
Google's lawyer David Drummond is quite right (Bring books back to life, 6 February), the majority of books are out of print but in copyright. ...
Author's Guild Didn't Want To 'Pull An RIAA' But Still Misses The PointTechdirt
Canadian groups say Google Books agreement would violate international lawThe Wire Report
Posthumous publishing and the Dead Authors SocietyBBC News (blog) ZDNet Asia -Auburn Citizen -ITProPortal all 24 news articles » - 'Mein Kampf' to see its first post-WWII publication in Germany - Independent

Telegraph.co.uk'Mein Kampf' to see its first post-WWII publication in Germany
Independent
The IfZ says it would like to begin working on the project even before the end of the copyright, but the Bavarian state government has so far not been ...
Historians Hope to Publish ''Mein Kampf'' in GermanyNew York Times
Hitler's 'Mein Kampf' Reprint Under Way, Bucking German BanBusinessWeek
German historians plan Hitler's Mein Kampf reprintYnetnews Beliefnet.com (blog) -Spiegel Online -Deutsche Welle all 168 news articles » - 'Down Under' infringes copyright in 'Kookaburra' - Lexology (registration)

The Age'Down Under' infringes copyright in 'Kookaburra'
Lexology (registration)
The Federal Court yesterday handed down its highly anticipated decision relating to the copyright dispute in respect of ...
Focus: Copyright infringement of well-known musical workAllens Arthur Robinson
riffing on the Down Under decisionCrikey (blog)
Larrikin Music Publishing Pty Ltd V EMI Songs Australia Pty LimitedMusic Indistry News Network ABC Online -New Zealand Herald -Brisbane Times all 31 news articles »
Copyright Blog Posts 
- U.S. Court Rules Against isoHunt For Inducing Copyright Infringement
A U.S. federal court in California has issued a summary judgment against Canadian-based isoHunt (and its owner Gary Fung), ruling that the site violates U.S. copyright law by inducing copyright infringement. The judge ruled that the isoHunt case is...by Michael Geist's Blog - Chilling Effects Clearinghouse Notices Blog Post
Copyright: ; From: CVS Pharmacy, Inc. To: shopliftingwithpermission.com Date: 2008-09-30by Chilling Effects Clearinghouse Notices
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