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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)

Joe Hand Promotions, Inc. v. Griffith

Published on: September 21, 2022

A world-famous boxer and a famous MMA fighter faced one another in a legendary fight, produced by Showtime, which allowed individuals to live-stream the fight from Showtime’s website for $99.99. Showtime granted Mayweather the exclusive rig…

Anthony Campbell v. June James

Published on: September 7, 2022

Plaintiff wrote and recorded the song “Everything Be Lit,” which he later copyrighted. Then Plaintiff filed suit against several parties and Think It’s a Game Records (TIG) for copyright infringement based on one of Defendant’s recordings an…

WILL CO., LTD. V. KA LEE

Published on: August 31, 2022

Will Co. Ltd., a Japanese adult entertainment producer, brought a copyright infringement action against the owners and operators of ThisAV.com, a video-hosting site based in Hong Kong, alleging that the site was displaying without authorizat…

WB MUSIC CORP. V. ROYCE INTL. BROADCASTING CORP.

Published on: August 31, 2022

The district court appointed the receiver and authorized him to sell Defendants’ property—three radio stations—to generate the funds needed to satisfy the judgment. Contending that they had satisfied the judgment by depositing certain sums w…

Allen Beaulieu v. Clint Stockwell

Published on: August 30, 2022

Plaintiff, Prince’s photographer, claims his former collaborators and a potential investor in a book project kept his photographs and used them without permission. He sued. The district court granted summary judgment to Defendants on all cla…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Scott Hargis, d/b/a Scott Hargis Photo v. Pacifica Senior Living Management LLC et al

September 27, 2022

Filed: September 27, 2022 as 2:2022cv06989

Plaintiff: Scott Hargis, d/b/a Scott Hargis Photo

Defendant: Pacifica Senior Living Management LLC and DOES 1 through 10

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

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

Type: Intellectual Property › Copyright

Creative Photographers, Inc. v. SOCIETY19 MEDIA, LLC

September 27, 2022

Filed: September 27, 2022 as 1:2022cv11635

Plaintiff: Creative Photographers, Inc.

Defendant: SOCIETY19 MEDIA, LLC

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

Court: First Circuit › Massachusetts › US District Court for the District of Massachusetts

Type: Intellectual Property › Copyright

Erwin v. Meyer et al

September 27, 2022

Filed: September 27, 2022 as 0:2022cv02373

Plaintiff: Kenneth David Erwin

Defendant: Rakeem C. Meyer, Marci Enterprises LLC, Mass Appeal Records LLC and others

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

Court: Eighth Circuit › Minnesota › US District Court for the District of Minnesota

Type: Intellectual Property › Copyright

JEWERS DOORS LIMITED v. PETERS et al

September 27, 2022

Filed: September 27, 2022 as 1:2022cv00812

Plaintiff: JEWERS DOORS LIMITED

Defendant: MICHAEL PETERS and JUS DOORS, INC.

Cause Of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)

Court: Fourth Circuit › North Carolina › US District Court for the Middle District of North Carolina

Type: Intellectual Property › Copyright

Hills v. Corridor Wine, Inc. et al

September 27, 2022

Filed: September 27, 2022 as 1:2022cv02457

Plaintiff: David Hills

Defendant: Corridor Wine, Inc., TWFS, Inc. and Retail Services and Systems, Inc.

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

Court: Fourth Circuit › Maryland › US District Court for the District of Maryland

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

Copyright Legislative Developments: H.Con.Res.102

August 11, 2022

Bill Recently Introduced

H.Con.Res.102 - Expressing the sense of Congress that it is the duty of the Federal Government to establish a new royalty program to provide income to featured and non-featured performing artists whose music or audio content is listened to on streaming music services, like Spotify. Introduced 8/9/2022.

Copyright Legislative Developments: H.R.8250

July 8, 2022

Bill Recently Introduced

H.R. 8250 - Copyright Clause Restoration Act of 2022, introduced 6/28/2022.

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

Copyright Legislative Developments: S. 4178

May 17, 2022

Bill Recently Introduced

S. 4178 - Copyright Clause Restoration Act of 2022

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

Copyright Legislative Developments: H.R. 6556

April 22, 2022

Bill Recently Introduced

H.R. 6556 - Freedom to Repair Act of 2022

To amend title 17, United States Code, to provide for the diagnosis, maintenance, and repair of certain digital electronic equipment.

Copyright Legislative Developments

March 24, 2022

Bill Recently Introduced

S. 3880 - SMART Copyright Act of 2022

To amend title 17, United States Code, to define and provide for accommodation and designation of technical measures to identify, protect, or manage copyrighted works, and for other purposes.

Copyright Office News

Source: Copyright.gov (feed)

Register Perlmutter Joins Council for Inclusive Innovation (CI2) (Corrected)

September 27, 2022

Register Perlmutter Joins Council for Inclusive Innovation (CI2) NewsNet 979September 27, 2022 The U.S. Copyright Office is sharing an announcement by the U.S. Patent and Trademark Office (USPTO) and the Department of Commerce of newly appointed Co-Vice Chairs of the Council on Inclusive Innovation

Register Perlmutter Joins Council for Inclusive Innovation (CI2)

September 27, 2022

NewsNet Title NewsNet 979 September 27, 2022 The U.S. Copyright Office is sharing an announcement by the U.S. Patent and Trademark Office (USPTO) and the Department of Commerce of newly appointed Co-Vice Chairs of the Council on Inclusive Innovation (CI 2), including Shira Perlmutter, Register of C

Copyright Office to Hold Concluding Plenary Session for Consultations on Technical Measures

September 22, 2022

Copyright Office to Hold Concluding Plenary Session for Consultations on Technical Measures NewsNet 978September 22, 2022 On October 4, 2022, the U.S. Copyright Office will hold a closing plenary session on technical measures that identify or protect copyrighted works. This session will conclude the

Copyright Office Announces Open Application Period for Ringer Fellowship

August 15, 2022

Copyright Office Announces Open Application Period for Ringer Fellowship NewsNet 977August 15, 2022 The Copyright Office is now accepting applications for the Barbara A. Ringer Copyright Honors Program. This fellowship, which runs eighteen to twenty-four months, was created for attorneys in the init

U.S. Copyright Office Concludes Study on Deferred Registration Examination

August 1, 2022

U.S. Copyright Office Concludes Study on Deferred Registration Examination NewsNet 976August 1, 2022 Today the U.S. Copyright Office published a letter in response to Senate Judiciary Intellectual Property Subcommittee Ranking Member Thom Tillis’s request that it study the feasibility, benefits, an

Copyright Regulations

Source: Justia Regulation Tracker (feed)

Proposed Rule - Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV)

March 30, 2022

The Copyright Royalty Judges withdraw a proposed rule that would have set continued, unaltered rates and terms for subpart B configurations subject to the statutory license to use nondramatic musical works to make and distribute phonorecords of those works (the Mechanical License).

Notice - Distribution of 2015-17 Satellite Royalty Funds

March 14, 2022

The Copyright Royalty Judges announce partial settlement of controversies and request comments on a motion for partial distribution of satellite television retransmission royalties for royalty years 2015-17.

Notice - Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments IV)

January 5, 2022

The Copyright Royalty Judges (Judges) announce commencement of a proceeding to determine reasonable royalty rates and terms for the recording of ephemeral copies of sound recordings to facilitate digital audio transmissions of those sound recordings to business establishments pursuant to the limitat

Rule - Adjustment of Cable Statutory License Royalty Rates

December 23, 2021

The Copyright Royalty Judges published for comment a proposed settlement governing royalty rates and terms for the retransmission of over-the-air television and radio broadcast stations by cable television systems to their subscribers. Having received no comments, the Judges adopt the existing rates

Notice - Notice of Intent To Audit

December 22, 2021

The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2018, 2019, and 2020 statements of account submitted by commercial webcasters Audacy and Midwest Communications concerning the royalty payments they made pursuant to two statutory licenses.

Copyright Blogs

Source: Justia BlawgSearch (feed)

The True Cost of Filing with Copyright Claims Board

September 28, 2022

The Copyright Claims Board (CCB) is the new copyright small claims court in the United States. Passed into law in 2020 and opening its doors in June 2022, it promises a simple and affordable way to address copyright claims. To that end, the CCB upholds many of its promises. There is not much doubt

3 Count: Glaring Omissions

September 28, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Meta Criticizes Epidemic’s Copyright Lawsuit Over “Vague Assertions and Glaring Omissions” First off today, Chris Cooke at Complete Music Update reports that Facebook has hit back at the music production sound Epidemi

Call for Nominations for the 2022 Don Dunner Leadership Award

September 28, 2022

The Intellectual Property, Information & Privacy Law has announced the 2022 Don Dunner Leadership Award will be presented at its 66th annual IP Conference on Friday, November 11, 2022. The inaugural 2020 Award was presented to Hon. Pauline Newman, U.S. Court of Appeals for the Federal Circuit.

The Future of Copyright. In memory of Luigi Carlo Ubertazzi (Report 1/2)

September 28, 2022

Many, if not all, the readers of this blog will have sincere admiration for the academic world of intellectual property. It is a world of jurists who have a mixed practical-theoretical approach and a 'philosophical' attitude to legal matters. In this context, this GuestKat thought it might

What are “public policy” and “accepted principles morality” in EU design law?

September 28, 2022

According to Art. 9 of Design Regulation (EC) No 6/2002, a design right shall not subsist in a design that is contrary to public policy or to accepted principles of morality. An equivalent provision is also included in Design Directive 98/71/EC. While there is a vast jurisprudence on the subject reg

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 […]