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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 […]

Who’s the Owner: A White Paper on “Improving Copyright Information Management: An Investigation of Options and Areas for Further Research”

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 […]

Deadline: April 14th. Public invited to weigh in on orphan works – US Copyright Office

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 […]

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Copyright Case Opinion Summaries

Source: Justia Daily Opinion Summaries (feed)

Unicolors, Inc. v. H&M Hennes & Mauritz, LP

Published on: May 29, 2020

The Ninth Circuit reversed the district court’s judgment after a jury trial and award of attorneys’ fees in favor of Unicolors in a copyright infringement action against H&M, where Unicolors alleged that a design it created in 2011 is remark…

Compulife Software Inc. v. Newman

Published on: May 20, 2020

Compulife Software, which has developed and markets a computerized mechanism for calculating, organizing, and comparing life-insurance quotes, alleges that one of its competitors lied and hacked its way into Compulife’s system and stole its …

Lanard Toys Ltd. v. Dolgencorp LLC

Published on: May 14, 2020

Lanard owns Design Patent D167 and the 458 copyright for a work entitled “Pencil/Chalk Holder,” relating to a toy chalk holder designed to look like a pencil. Lanard sold the Chalk Pencil, marked to indicate Lanard’s copyright and patent pro…

Enchant Christmas Light Maze & Market, Inc. v. Glowco LLC

Published on: May 14, 2020

Enchant produces a holiday-themed light show, which it exhibits across the U.S. and Canada. “Enchant Christmas,” features large three-dimensional sculptures fitted with lights, including sculptures of polar bears, deer, and ice crystals. Enc…

Doc’s Dream, LLC v. Dolores Press, Inc.

Published on: May 13, 2020

The Ninth Circuit vacated the district court’s order denying Dolores’ motion for recovery of attorney’s fees under the Copyright Act. The district court had granted summary judgment for Dolores on Doc’s Dream’s complaint seeking a declaratio…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Affordable Aerial Photography, Inc. v. Svanstedt

May 28, 2020

Filed: May 28, 2020 as 1:2020cv22228

Defendant: Thomas Svanstedt

Plaintiff: Affordable Aerial Photography, Inc.

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

PHILPOT v. WAGON WHEEL BROADCASTING, LLC

May 28, 2020

Filed: May 28, 2020 as 1:2020cv01526

Plaintiff: LARRY G. PHILPOT

Defendant: WAGON WHEEL BROADCASTING, LLC

Cause Of Action: Copyright Infringement

Court: Seventh Circuit › Indiana › US District Court for the Southern District of Indiana

Type: Intellectual Property › Copyright

Affordable Aerial Photography, Inc. v. Logan Realty, Inc. et al

May 28, 2020

Filed: May 28, 2020 as 9:2020cv80851

Defendant: Logan Realty, Inc., Digital Resource LLC

Plaintiff: Affordable Aerial Photography, Inc.

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Affordable Aerial Photography, Inc. v. Shay et al

May 28, 2020

Filed: May 28, 2020 as 1:2020cv22219

Defendant: Beachfront Realty Inc., Alex Shay

Plaintiff: Affordable Aerial Photography, Inc.

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Affordable Aerial Photography, Inc. v. Beachfront Realty Inc. et al

May 28, 2020

Filed: May 28, 2020 as 1:2020cv22220

Defendant: Beachfront Realty Inc., Alex Shay

Plaintiff: Affordable Aerial Photography, Inc.

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

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 […]

protect your site from copyright lawsuits

By Mary Minow

Published on: November 16, 2016

Everyone who thought they were protected from copyright lawsuits based on user postings, read this and take action on December 1st 2016 and no later than December 2017. lawofthelevel.com/2016/11/articles/intellectual-property/dont-lose-dmca-safe-harbor-protection/

Happy Birthday – ruling plus full court docket filings

By Mary Minow

Published on: September 25, 2015

Justia has made the full docket of legal filings in the Happy Birthday case available for free online at https://dockets.justia.com/docket/california/cacdce/2:2013cv04460/564772