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 […]
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 […]
The U.S. Copyright Office came to Stanford Law School yesterday to conduct a roundtable on Recordation Reengineering, The Stanford Law School Law and Policy Lab submitted comments and a thoughtful White Paper, and live tweeted the proceeding along with us (see @slspolicylab and @fairlyused). The Law and Policy Lab was represented at the roundtable by Peter Holm, third year law […]
ORPHAN WORKS is red hot again. After a number of failed legislative attempts and a couple of high profile court cases, its back to the drawing board, albeit a better defined drawing board. On the one hand, most everyone agrees that for true orphans, it would be great for us all to be able to […]
The highly successful open course from Harvard prepared and delivered by Prof. William Fisher is in its Spring 2014 incarnation. It has a clear organization that lets you dive into a specific area that interests you like Technological Protection Measures. A full set of lectures and other resources available to the public online. I especially like the […]
Copyright Case Opinion Summaries
- October 11, 2016In this copyright infringement suit, plaintiffs challenged the district court's determination that defendants’ verbatim use of a portion of Abbott and Costello’s iconic comedy routine, "Who’s on First?," in the recent Broadway play "Hand to God," qualified as a non‐infringing fair use. The court concluded that defendants’ entitlement to a fair use defense was not so clearly established on the face of the amended complaint and its incorporated exhibits as read more »
- October 6, 2016Plaintiff, the widow of Louis K. Smith, who authored and copyrighted a book entitled "The Hardscrabble Zone," filed suit alleging direct and contributory copyright infringement by Barnes & Noble. Barnes & Noble, under license, uploads books and book samples to digital “lockers” that it maintains for its individual customers. When the license granted by Smith was terminated, Barnes & Noble did not delete a sample of Smith’s book. The court concluded read more »
- September 26, 2016This dispute stems from plaintiff's attempt to protect his copyright in photographs of Pablo Picasso's artworks after an American art editor (Wofsy) reproduced the photographic images. Plaintiff received a judgment in French court of two million euros in "astreinte" against Wofsy. Plaintiff then sought to enforce the judgment in federal court in California under the California Uniform Foreign-Court Monetary Judgment Recognition Act, Cal. Civ. Proc. Code 1713 et seq. The court held that Fed. read more »
Copyright Case Dockets
- Oracle USA, Inc., et al v. Rimini Street, Inc., et al October 12, 2016Filed: October 12, 2016 as 16-16832 Plaintiff - Appellee: ORACLE USA, INC., a Colorado corporation, ORACLE AMERICA, INC., a Delaware corporation, ORACLE INTERNATIONAL CORPORATION, a California corporation Defendant - Appellant: RIMINI STREET, INC., a Nevada corporation, SETH RAVIN, an individual Court: Ninth Circuit U.S. Court of Appeals, Ninth Circuit Type:
- Malibu Media, LLC v. Doe October 11, 2016Filed: October 11, 2016 as 4:2016cv05849 Cause Of Action: Copyright Infringement Court: Ninth Circuit › California › California Northern District Court Type: Intellectual Property › Copyright
- Malibu Media, LLC v. Doe October 11, 2016Filed: October 11, 2016 as 4:2016cv05843 Cause Of Action: Copyright Infringement Court: Ninth Circuit › California › California Northern District Court Type: Intellectual Property › Copyright
- Copyright Legislative Developments: July 26, 2016H.R.5757, Copyright Alternative in Small-Claims Enforcement Act of 2016, “To amend title 17, United States Code, to establish an alternative dispute resolution program for copyright small claims, and for other purposes,” introduced July 13, 2016. See here for more information.
- Copyright Legislative Developments: December 15, 2015H.R. 4241, Copyright Office for the Digital Economy Act, "To establish the United States Copyright Office as an agency in the legislative branch, and for other purposes," introduced Dec. 11, 2015. See here for more information.
- Copyright and Marriage Equality Act December 4, 2015You are subscribed to Copyright Legislative Developments for Library of Congress. This information has recently been updated, and is now available. Copyright and Marriage Equality Act 12/04/2015 04:30 PM EST You are subscribed to Copyright Legislative Developments for Library of Congress. This information has recently been updated, and is now available. Copy
Copyright Office News
- U.S. Copyright Office, NewsNet Issue 637 October 3, 2016NewsNet 637October 3, 2016 Copyright Office Technical Amendments The U.S. Copyright Office today published a Notice of Proposed Rulemaking, seeking public comments on proposed technical amendments to its regulations governing registration, recordation, licensing, and other services the Office provides. The amendments are designed to improve the quality of th
- U.S. Copyright Office, NewsNet Issue 636 September 29, 2016NewsNet 636September 29, 2016 U.S. Copyright Office Welcomes Incoming Ringer Honors Fellow The U.S. Copyright Office is pleased to announce that Emma Raviv has joined the U.S. Copyright Office as a fellow for the 2016-2018 Barbara A. Ringer Copyright Honors Program. She begins her two-year appointment this month and will receive assignments from multiple dep
- U.S. Copyright Office, NewsNet Issue 635 September 27, 2016NewsNet 635 September 27, 2016 Copyright Office Seeks Additional Comments for Section 1201 Study The U.S. Copyright Office is conducting a study to evaluate the operation of section 1201 of title 17 and has reviewed public input from the first round of written comments and from roundtable participation. To further aid the analysis, the Copyright Office is no
- Government to block misleading copyright.in website - MediaNama.com October 13, 2016MediaNama.comGovernment to block misleading copyright.in websiteMediaNama.comThe Government has issued a notice stating that www.copyright.in is creating a false impression that it is the official website of the copyright registration office of India, which resides at www.copyright.gov.in. As such, the Government mentions that ...
- Insiders slam Commission's copyright plans - POLITICO.eu October 13, 2016POLITICO.euInsiders slam Commission's copyright plansPOLITICO.euSo-called ancillary copyright is one way media companies — including Axel Springer, part-owner of POLITICO Europe — have argued they should be protected from news aggregators showing snippets of copyrighted material, for example on search results ...
- Upload Filtering Mandate Would Shred European Copyright Safe Harbor - EFF October 12, 2016Upload Filtering Mandate Would Shred European Copyright Safe HarborEFFAfter months of study, European regulators have finally released the full and final proposal on Copyright in the Digital Single Market, and unfortunately it's full of ideas that will hurt users and the platforms on which they rely, in Europe and around ...and more »
- New issue of Music & Copyright with South Korea country report October 12, 2016The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights. Apple adopts a light approach to music bundling, reflecting wider trend Apple is taking a route well-trodden by other music subscription providers and is partnering with mobile operators to add Apple Music to smartphone tariffs. But it ismusicandcopyright
- BGH rules for patentees on appeal - again October 12, 2016In two decisions published yesterday on its website, the German Federal Court of Justice (Bundesgerichtshof, BGH) overturned two decisions by the Federal Patent Court (Bundespatentgericht) invalidating the patents in suit for lack of novelty. Both decisions are remarkable not because they break new ground in (patent) law (they don't), but rather because
- 3 Count: Who’s on Second October 12, 2016Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Whos on First? Copyright Suit Tossed Again on Appeal First off today, Lia Eustachewich at the New York Post reports that the Second Circuit Court of Appeals has ruled against the heirs of Abbott & Costello in the Who’s on First case saying that, while the lower court erredJonathan Bailey
- September 25, 2015Justia has made the full docket of legal filings in the Happy Birthday case available for free online at read more »
- December 22, 2014Bloggers and artists often ask, "how much of a photo do you need to alter to avoid copyright infringement?" Five read more »
- November 10, 2014Stanford Technology Law read more »