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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)

Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc.

Published on: January 14, 2025

Charles James, a home designer, claimed that real estate agents infringed his copyrights by including floorplans of his homes in resale listings. James designed a home with a triangular atrium and stairs, built six homes using the design, an…

TANGLE, INC. V. ARITZIA, INC.

Published on: January 14, 2025

Tangle, Inc. holds copyright registrations for seven kinetic and manipulable sculptures made from 17 or 18 identical, connected, 90-degree curved tubular segments that can be twisted or turned 360 degrees. Aritzia, Inc. owns and operates ret…

Capitol Records v. Vimeo

Published on: January 13, 2025

Plaintiffs, rightsholders of musical recordings affiliated with EMI, sued Vimeo, Inc. and Connected Ventures, LLC for copyright infringement, alleging that Vimeo users uploaded videos containing their copyrighted music without authorization….

BITMANAGEMENT SOFTWARE GMBH v. US

Published on: January 7, 2025

Bitmanagement Software GmBH (“Bitmanagement”) developed software for rendering three-dimensional graphics, specifically “BS Contact Geo,” which was used by the United States Navy (“Navy”) in conjunction with its SPIDERS 3D platform. Initiall…

Sysco Machinery Corp. v. Cymtek Solutions, Inc.

Published on: December 20, 2024

Sysco Machinery Corp. (“Sysco”), a Taiwanese company, sued two other Taiwanese companies, Cymtek Solutions, Inc. (“Cymtek”) and Cymmetrik Enterprise Co. Ltd. (“Cymmetrik”), in the U.S. District Court for the District of Massachusetts. Sysco …

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Batch Labs LLC v. Doe

January 29, 2025

Filed: January 29, 2025 as 2:2025cv00145

Plaintiff: Batch Labs LLC

Defendant: John Doe

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

Court: Seventh Circuit › Wisconsin › U.S. District Court for the Eastern District of Wisconsin

Type: Intellectual Property › Copyright

Perfvwaybelayouix v. UMG Recordings, Inc. et al

January 29, 2025

Filed: January 29, 2025 as 8:2025cv00272

Plaintiff: Micheldeangelou Perfvwaybelayouix

Defendant: UMG Recordings, Inc. and Aubrey Graham-Drake

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

Court: Fourth Circuit › Maryland › U.S. District Court for the District of Maryland

Type: Intellectual Property › Copyright

ROCKEFELLER PHOTOS, LLC v. LA BODEGA MEAT, LLC

January 29, 2025

Filed: January 29, 2025 as 3:2025cv00231

Plaintiff: ROCKEFELLER PHOTOS, LLC

Defendant: LA BODEGA MEAT, LLC

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

Court: Fifth Circuit › Texas › U.S. District Court for the Northern District of Texas

Type: Intellectual Property › Property Rights: Copyright

The WEBstaurant Store, LLC

January 29, 2025

Filed: January 29, 2025 as 1:2025cv00509

Plaintiff: The WEBstaurant Store, LLC

Defendant: Zoro Tools, Inc.

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

Court: Second Circuit › New York › U.S. District Court for the Eastern District of New York

Type: Intellectual Property › Copyright

Tom Hussey Photography, LLC v. Premier Properties of Southwest Florida, LLC et al

January 29, 2025

Filed: January 29, 2025 as 2:2025cv00076

Plaintiff: Tom Hussey Photography, LLC

Defendant: Premier Properties of Southwest Florida, LLC doing business as Premier Sotheby's International Realty and Jutta V. Lopez, Inc.

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

Court: Eleventh Circuit › Florida › U.S. District Court for the Middle District of Florida

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

Copyright Legislative Developments: S.5379

December 10, 2024

Bill Recently Introduced

S.5379 TRAIN Act, introduced 11/21/2024.

To create an administrative subpoena process to assist copyright owners in determining which of their copyrighted works have been used in the training of artificial intelligence models.

Copyright Legislative Developments: H.R.10103

November 14, 2024

Bill Recently Introduced

H.R.10103 TRIPS Waivers Act, introduced 11/8/2024.

To amend titles 17, 18, and 35, United States Code, the Plant Variety Protection Act, and the Lanham Act to require the submission of a report to Congress before the negotiation of any international agreement relating to an intellectual property right, and for other purposes.

Copyright Legislative Developments: S.4875

September 4, 2024

Bill Recently Introduced

S.4875 NO FAKES Act of 2024, introduced 7/31/2024.

To protect intellectual property rights in the voice and visual likeness of individuals, and for other purposes.

Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act

August 30, 2024

Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act

NewsNet 1051
August 30, 2024

The U.S. Copyright Office is adjusting certain compliance dates related to the corrective adjustment process in its July 9, 2024, final rule on termination rights and other topics related to the Music Modernization Act. The final rule contained a discrepancy between a date in the rule’s regulatory text and its preamble. To resolve any confusion created by the discrepancy and ensure parties have adequate time to participate in the corrective adjustment process, the Office is adjusting the relevant compliance dates for all parties by extending each date by approximately thirty days from the original dates provided in the rule’s regulatory text.

The original final rule and the rule adjusting the compliance dates can both be found on the website.

Copyright Legislative Developments: S.4674

August 19, 2024

Bill Recently Introduced

S.4674 - Content Origin Protection and Integrity from Edited and Deepfaked Media Act of 2024, introduced 7/11/2024.

To require transparency with respect to content and content provenance information, to protect artistic content, and for other purposes.

Copyright Office News

Source: Copyright.gov (feed)

Copyright Office Releases Part 2 of Artificial Intelligence Report

January 29, 2025

Copyright Office Releases Part 2 of Artificial Intelligence Report NewsNet 1060January 29, 2025 Today, the U.S. Copyright Office is releasing Part 2 of its Report on the legal and policy issues related to copyright and artificial intelligence (AI). This Part of the Report addresses the copyrightabil

U.S. Copyright Office Announces Webinar on Copyright Essentials for Visual Artists and Photographers

January 27, 2025

U.S. Copyright Office Announces Webinar on Copyright Essentials for Visual Artists and Photographers NewsNet 1059January 27, 2025 The U.S. Copyright Office invites you to register to attend a Copyright Essentials three-part series of online webinars, with the first session occurring on February 19 a

Copyright Office Publishes Final Rule Relating to Cable, Satellite, and DART License Reporting Practices and Opens Rulemaking on Proposal to Require Pay.gov Use for Statutory Royalty Payments

December 12, 2024

Copyright Office Publishes Final Rule Relating to Cable, Satellite, and DART License Reporting Practices and Opens Rulemaking on Proposal to Require Pay.gov Use for Statutory Royalty Payments NewsNet 1058December 12, 2024 The Copyright Office has published a final rule relating to statements of acco

Final Rule Published in Ninth Triennial Section 1201 Proceeding

October 25, 2024

Final Rule Published in Ninth Triennial Section 1201 Proceeding NewsNet 1057October 25, 2024 The Librarian of Congress, upon the recommendation of the Register of Copyrights, is publishing a final rule in the Federal Register adopting exemptions to the statutory prohibition on circumvention of techn

Copyright Office Announces Arrival of 2024–2026 Ringer Honors Fellow

October 10, 2024

Copyright Office Announces Arrival of 2024–2026 Ringer Honors Fellow NewsNet 1056October 10, 2024 The U.S. Copyright Office is pleased to announce that Elizabeth J. “Liz” Porter has joined the Office as a fellow (2024–2026) in the Barbara A. Ringer Copyright Honors Program. Porter started her two-ye

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)

The Schadenfreude of OpenAI Attacking DeepSeek

January 29, 2025

OpenAI is accusing DeepSeek of misusing their AI models to train their own. The response has been a combination of skepticism and mockery. The post The Schadenfreude of OpenAI Attacking DeepSeek appeared first on Plagiarism Today.

Mess Around and Find Out: Why Choosing the Right Patent Litigator Matters

January 29, 2025

Brett Trout When it comes to intellectual property disputes, the stakes are high. A poorly handled patent case can cost a company millions of dollars, stifle innovation, or even push a company into bankruptcy. Yet, time and time again, businesses and inventors make the critical mistake of hiring the

3 Count: House of Lords

January 29, 2025

House of Lords deals a blow to AI reform, LLM removed after a copyright claim and a Brazilian soccer streamer moves to YouTube. The post 3 Count: House of Lords appeared first on Plagiarism Today.

[Guest Post] Unwrapping the Geographical Indication Status Dilemma of the ‘Dubai Chocolate’.

January 29, 2025

The IPKat has received and is pleased to host the following guest post by Katfriend Jessica Mathew (Surrey Law School), commenting on recent decisions concerning the popular ‘Dubai Chocolate’. Here’s what Jessica writes: In early January 2025, the District Court of Cologne (Germany) granted an inter

Deadline extension: IPKat Book of the Year Awards 2024

January 29, 2025

For those of you still finishing up their IP book pile, The IPKat team is extending the deadline to vote for your favourite IP books of 2024 until 10 February 2025.As announced earlier, you can vote here in the following six categories:PatentsCopyright (including related rights and performers’ right

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 […]

Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act

NewsNet 1051August 30, 2024

NewsNet 1051
August 30, 2024