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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)

I Dig Texas v. Creager

Published on: April 12, 2024

The case revolves around a dispute between two competitors in the construction equipment market, I Dig Texas, LLC, and Kerry Creager, along with Creager Services, LLC. I Dig Texas used copyrighted photographs of Creager’s products, which wer…

R.J. Control Consultants, Inc. v. Multiject, LLC

Published on: April 3, 2024

This case pertains to an alleged copyright infringement involving software code used in an industrial control system. The plaintiffs, RJ Control Consultants, Inc. and its sole shareholder, Paul Rogers, appealed the district court’s exclusion…

Brumfield v. IBG LLC

Published on: March 27, 2024

This case concerns a patent dispute between Harris Brumfield, Trustee for Ascent Trust (Plaintiff-Appellant) and IBG LLC and Interactive Brokers LLC (Defendants-Appellees). The plaintiff alleged that the defendants infringed several patents …

Whyte Monkee Productions v. Netflix

Published on: March 27, 2024

This case revolves around a copyright dispute between Whyte Monkee Productions, LLC and Timothy Sepi (Plaintiffs) and Netflix, Inc. and Royal Goode Productions, LLC (Defendants). Plaintiffs sued Defendants for copyright infringement, allegin…

Premier Dealer Services, Inc. v. Allegiance Administrators, LLC

Published on: February 26, 2024

In a case before the United States Court of Appeals for the Sixth Circuit, Premier Dealer Services, a developer and administrator of automobile dealers’ aftermarket products, sued Allegiance Administrators for infringing its copyright. The i…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Tabak v. Source Digital, Inc.

April 16, 2024

Filed: April 16, 2024 as 1:2024cv02857

Plaintiff: Alec Tabak

Defendant: Source Digital, Inc.

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

Court: Second Circuit › New York › US District Court for the Southern District of New York

Type: Intellectual Property › Copyright

Sadowski v. Lindly's Incorporated

April 16, 2024

Filed: April 16, 2024 as 4:2024cv00168

Plaintiff: Christopher Sadowski

Defendant: Lindly's Incorporated doing business as Lindly's Propane

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

Court: Tenth Circuit › Oklahoma › US District Court for the Northern District of Oklahoma

Type: Intellectual Property › Copyright

Christine Poppy Duffield v. The Partnerships and Unincorporated Associations Identified on Schedule A

April 16, 2024

Filed: April 16, 2024 as 1:2024cv03051

Plaintiff: Christine Poppy Duffield

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

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

Court: Seventh Circuit › Illinois › US District Court for the Northern District of Illinois

Type: Intellectual Property › Copyright

Bowers v. Zurple, Inc. et al

April 16, 2024

Filed: April 16, 2024 as 4:2024cv00272

Plaintiff: Eric Bowers doing business as Eric Bowers Photo

Defendant: Zurple, Inc. and Sharon G Aubuchon doing business as Kansas City Property Search

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

Court: Eighth Circuit › Missouri › US District Court for the Western District of Missouri

Type: Intellectual Property › Copyright

GOOD PRODUCT CO. v. The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A

April 16, 2024

Filed: April 16, 2024 as 1:2024cv21419

Plaintiff: GOOD PRODUCT CO.

Defendant: The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A

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

Court: Eleventh Circuit › Florida › US District Court for the Southern District of Florida

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

Copyright Legislative Developments: H.R.7228

February 16, 2024

Bill Recently Introduced

H.R.7228 - BIRDIE Act, introduced 02/05/2024.

To amend title 17, United States Code, to expand the copyright protection provided to architectural works to golf courses, and for other purposes.

Copyright Legislative Developments: H.R.6966

January 18, 2024

Bill Recently Introduced

H.R.6966 - Go Pack Go Act of 2024, introduced 01/11/2024.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties.

Copyright Legislative Developments: S.2857

September 26, 2023

Bill Recently Introduced

S.2857 - Go Pack Go Act of 2023, introduced September 20, 2023.

Copyright Legislative Developments: S.835 & H.R.1631

March 31, 2023

Bills Recently Introduced

S.835 - Pro Codes Act, introduced 03/16/2023.

To amend title 17, United States Code, to reaffirm the importance of, and include requirements for, works incorporated by reference into law, and for other purposes.

H.R.1631 - Pro Codes Act, introduced 03/17/2023.

To amend title 17, United States Code, to reaffirm the importance of, and include requirements for, works incorporated by reference into law, and for other purposes.

Copyright Legislative Developments: H.R.791

March 2, 2023

Bill Recently Introduced

H.R.791 - American Music Fairness Act of 2023, introduced 02/02/2023.

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 News

Source: Copyright.gov (feed)

U.S. Copyright Office Extends Deadline for New Exemption Petitions in Section 1201 Rulemaking

July 5, 2023

U.S. Copyright Office Extends Deadline for New Exemption Petitions in Section 1201 Rulemaking NewsNet 1011July 5, 2023 The U.S. Copyright Office is extending the deadline to submit petitions for new exemptions in the ninth triennial rulemaking proceeding under the Digital Millennium Copyright Act (D

Copyright Office Announces Online Webinar Exploring Impact of Artificial Intelligence on Copyright around the World

June 28, 2023

Copyright Office Announces Online Webinar Exploring Impact of Artificial Intelligence on Copyright around the World NewsNet 1010June 28, 2023 Today, the U.S. Copyright Office is announcing a public webinar on July 26, 2023, on international copyright issues arising from artificial intelligence (AI)

U.S. Copyright Office Celebrates First Year of the Copyright Claims Board

June 26, 2023

U.S. Copyright Office Celebrates First Year of the Copyright Claims Board NewsNet 1009June 26, 2023 This June, the United States Copyright Office celebrates the first full year of operation of the Copyright Claims Board (CCB). The CCB is a first-of-its-kind small claims forum to resolve certain copy

U.S. Copyright Office Announces Start of Ninth Triennial Rulemaking Proceeding Under Section 1201

June 8, 2023

U.S. Copyright Office Announces Start of Ninth Triennial Rulemaking Proceeding Under Section 1201 NewsNet 1008June 8, 2023 The Copyright Office has published a notice of inquiry and request for petitions initiating the ninth triennial rulemaking proceeding under the Digital Millennium Copyright Act

Copyright Office Announces Online Webinar on Application Process for Registration of Works with Artificial Intelligence-Generated Content

June 1, 2023

Copyright Office Announces Online Webinar on Application Process for Registration of Works with Artificial Intelligence-Generated Content NewsNet 1007June 1, 2023 Today, the U.S. Copyright Office is announcing a virtual, public webinar on June 28, 2023, on current Office guidance related to applying

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)

Why Amazon is Overrun with Plagiarism and AI Garbage

April 17, 2024

Amazon is facing criticism over AI-generated spam ebooks being sold in the Kindle Store. However, the problem goes back at least 15 years. The post Why Amazon is Overrun with Plagiarism and AI Garbage appeared first on Plagiarism Today.

3 Count: Copyright Gamble

April 17, 2024

Slot machine makers files lawsuit against competitor, Phillippine Senate takes up site blocking and Reddit copyright bans skyrocket. The post 3 Count: Copyright Gamble appeared first on Plagiarism Today.

Is a right to repair coming to Canada?

April 17, 2024

In 2012 Canada amended the Copyright Act to introduce legal protection for technological measures (TPMs) as part of the Copyright Modernizaton Act. In the 2024 Budget published yesterday the Government announced plans to review and possibly amend these provisions to introduce rights of repair. The

[Guest post] Can a trademarked mascot drink, smoke, and spray graffiti under the banner of artistic expression?

April 17, 2024

The IPKat has received and is pleased to host the following guest post by Katfriends Jakob Plesner Mathiasen and Matilde Helene Bom (both Gorrissen Federspiel) on a recent Danish decision tackling the relationship between trade mark law and freedom of expression. Here’s what they write:Can a tradema

Last few places – Retromark: the conference is back on 7 May – sign up now!

April 17, 2024

Retro-KatsThere are still places available for the fifth annual Retromark conference, which returns for another afternoon of in-person trade mark law and practice hosted by Darren Meale of Simmons & Simmons and the IPKat on Tuesday 7 May. This year, the keynote speech will be delivered by Allan

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 […]