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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)

Carbon Six Barrels v. Proof Research

Published on: September 29, 2023

Proof Research, Inc. and Carbon Six Barrels, LLC both manufacture carbon-fiber gun barrels. Proof entered the market first and obtained a trademark for the unique appearance of its barrels. When Proof found out that Carbon Six intended to be…

Bliss Collection, LLC v. Latham Companies, LLC

Published on: September 21, 2023

In 1999, Latham, McLean, and Vernooy formed Bliss to sell children’s clothing under the name “bella bliss.” In 2003, Shannon left Bliss and started Latham to sell her own children’s clothing under the name “little english.” Bliss’s logo is a…

American Society for Testing and Materials v. Public.Resource.Org, Inc.

Published on: September 12, 2023

Plaintiffs in this case are three standard-developing organizations: the American Society for Testing and Materials (ASTM), the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE), and the NFPA. Defendant, Pub…

IMPOSSIBLE FOODS INC. V. IMPOSSIBLE X LLC

Published on: September 12, 2023

Impossible X, now a Texas LLC, is a one-person company run by Joel Runyon, a self-described “digital nomad” who for two years operated his business from San Diego. Impossible X sells apparel, nutritional supplements, diet guides, and a consu…

Valancourt Books, LLC v. Merrick Garland

Published on: August 29, 2023

The Copyright Office sent a letter to Valancourt Books, LLC, an independent press based in Richmond, Virginia, demanding physical copies of Valancourt’s published books on the pain of fines. Valancourt protested that it could not afford to d…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Creative Photographers, Inc. v. Gramercy Global Entertainment, LLC et al

October 4, 2023

Filed: October 4, 2023 as 2:2023cv08379

Plaintiff: Creative Photographers, Inc.

Defendant: Gramercy Global Entertainment, LLC, Banijay Entertainment Holdings US, Inc. and DOES 1-10

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

Court: Ninth Circuit › California › US District Court for the Central District of California

Type: Intellectual Property › Copyright

August Image, LLC v. Terezowens.com, LLC et al

October 4, 2023

Filed: October 4, 2023 as 2:2023cv08359

Plaintiff: August Image, LLC

Defendant: Terezowens.com, LLC, Joey Granath and DOES 1-10

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

Court: Ninth Circuit › California › US District Court for the Central District of California

Type: Intellectual Property › Copyright

Darrell Bush v. The Partnerships and Unincorporated Associations Identified on Schedule A

October 4, 2023

Filed: October 4, 2023 as 1:2023cv14501

Plaintiff: Darrell Bush

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

Leg Avenue, Inc. v. GUANGZHOUSHI TUOXIANG XINXIKEJI YOU XIAN GONGSI

October 4, 2023

Filed: October 4, 2023 as 2:2023cv08349

Plaintiff: Leg Avenue, Inc.

Defendant: GUANGZHOUSHI TUOXIANG XINXIKEJI YOU XIAN GONGSI

Cause Of Action: 28 U.S.C. § 1338 Copyright Infringement

Court: Ninth Circuit › California › US District Court for the Central District of California

Type: Intellectual Property › Copyright

Valentine Shabazz v. Bruce et al

October 4, 2023

Filed: October 4, 2023 as 1:2023cv01097

Petitioner: Danny Amen Anderson Valentine Shabazz

Respondent: Cerron Cade, Jeff Flynn, John Carney and others

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

Court: Third Circuit › Delaware › US District Court for the District of Delaware

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

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 Legislative Developments: S.253

February 17, 2023

Bill Recently Introduced

S.253 - American Music Fairness Act , 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 Legislative Developments: H.R.576

February 10, 2023

Bill Recently Introduced

H.R.576 - Copyright Clause Restoration Act of 2023, introduced 1/26/2023.

To address the duration of copyright, and for other purposes.

Copyright Legislative Developments: H.R.7776

December 23, 2022

Bill Signed Into Law

H.R.7776 - James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Includes sec. 6306: Copyright protection for civilian faculty of the National Intelligence University). December 23, 2022.

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)

Event announcement - EU Copyright at a Crossroads: The Impact of the CJEU on National Copyright Systems

October 6, 2023

StockholmA few days ago, The IPKat announced an event taking place at University College London and online on 9 November and focusing on the impact and legacy of the copyright case law of the Court of Justice of the European Union (CJEU) for post-Brexit UK.That same week (on 6 November), another cop

I asked ChatGPT "What are the copyright issues involved with generative AI?"

October 6, 2023

So - I asked ChatGPT What are the copyright issues involved with generative AI?Not bad for the price...😉: ChatGPT Generative AI, which includes models like GPT-3 and similar technologies, can raise several copyright issues and legal considerations. It's important to note that copyright law can

Australian Man Denies Spy Charges by Claiming He’s a Plagiarist

October 5, 2023

An Australian man is admitting to plagiarism in hopes that it will help him avoid a 15-year prison sentence for reckless foreign interference. The post Australian Man Denies Spy Charges by Claiming He’s a Plagiarist appeared first on Plagiarism Today.

K-12 School Boards v Access Copyright & Vice Versa - October 10, 2023 Federal Court Summary Trial

October 5, 2023

In 2018, the Province of Alberta and dozens of K-12 school boards sued Access Copyright for a refund of $25 million they allegedly overpaid for Access Copyright licences for 2010, 2011 and 2012. Access Copyright, on the other hand, has defended and counterclaimed for a potentially much larger amoun

3 Count: Over The Hump

October 5, 2023

BMG and MGA settle a lawsuit over My Humps parody, Plex sued over photograph and NLE Choppa sued over a 2020 song. The post 3 Count: Over The Hump appeared first on Plagiarism Today.

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 […]