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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)

CDK Global LLC v. Brnovich

Published on: October 25, 2021

A 2019 Arizona statute prohibits auto dealer management system (DMS) providers from “tak[ing] any action by contract, technical means or otherwise to prohibit or limit a dealer’s ability to protect, store, copy, share or use” data the dealer…

Horror Inc. v. Miller

Published on: September 30, 2021

The Second Circuit held that, for Copyright Act purposes, the screenwriter Victor Miller was an independent contractor of the film production company Manny, Inc., in 1979, when Miller wrote the screenplay for the landmark horror film Friday …

Perea v. Editorial Cultural, Inc.

Published on: September 13, 2021

In these cross-appeals, the First Circuit vacated the district court’s opinion and order entered on September 30, 2017 and part of the amended judgment entered on September 19, 2019 and directed the entry of an amended judgment in favor of a…

Bell v. Wilmott Storage Services, LLC

Published on: September 9, 2021

The Ninth Circuit wrote to clarify the role that de minimis copying plays in statutory copyright. The de minimis concept is properly used to analyze whether so little of a copyrighted work has been copied that the allegedly infringing work i…

Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

Published on: August 23, 2021

When an AM/FM radio station plays a song over the air, it does not pay public performance royalties to the owner of the original sound recording. Digital and satellite radio providers like Sirius, however, must pay public performance royalti…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.17.211

November 29, 2021

Filed: November 29, 2021 as 5:2021cv09214

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe subscriber assigned IP address 67.180.17.211

Cause Of Action: 17 U.S.C. § 101

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

Type: Intellectual Property › Copyright

Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.169.138.13

November 29, 2021

Filed: November 29, 2021 as 5:2021cv09215

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe subscriber assigned IP address 67.169.138.13

Cause Of Action: 17 U.S.C. § 101

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

Type: Intellectual Property › Copyright

McCrary v. Tereo Corporation, Inc. et al

November 29, 2021

Filed: November 29, 2021 as 5:2021cv09196

Plaintiff: Michael McCrary

Defendant: Tereo Corporation, Inc. and Raymond Quibelan

Cause Of Action: 17 U.S.C. § 504

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

Type: Intellectual Property › Copyright

Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.70.164.239

November 29, 2021

Filed: November 29, 2021 as 5:2021cv09216

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe subscriber assigned IP address 73.70.164.239

Cause Of Action: 17 U.S.C. § 101

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

Type: Intellectual Property › Copyright

Fourstar Group USA, Inc. v. Ace Hardware Corporation et al

November 29, 2021

Filed: November 29, 2021 as 8:2021cv02787

Plaintiff: Fourstar Group USA, Inc.

Defendant: Ace Hardware Corporation and ShawShank LEDz Inc.

Cause Of Action: 17 U.S.C. § 501

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

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

Copyright Legislative Developments

October 14, 2021

Bill Recently Introduced

S. 2972 - A bill to repeal section 230 of the Communications Act of 1934, introduced 10/8/2021.

To repeal section 230 of the Communications Act of 1934.

Copyright Legislative Developments

August 4, 2021

Bill Recently Introduced

H.R.4130 - American Music Fairness Act

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

May 14, 2021

Bill Recently Introduced

H.R.1856 - Modern Television Act of 2021

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes.

Copyright Legislative Developments

March 1, 2021

Bills Recently Introduced

S. 169. ARTS Act. Introduced Feb. 2, 2021

H.R. 704. ARTS Act. Introduced Feb. 2, 2021

These bills direct the Copyright Office to waive various copyright registration-related fees for works that win certain competitions sponsored by the Congressional Institute or established by Congress.

Copyright Legislative Developments

January 4, 2021

Recent Legislation

H.R. 133, Consolidated Appropriations Act, 2021 enacted Dec. 27, 2020:

New provision in 18 U.S.C. § 2319C on illicit digital transmission services, see bill excerpt.
CASE Act, see bill excerpt.

S. 5020, A bill to repeal section 230 of the Communications Act of 1934, introduced 12/15/2020.

See here for more information.

Copyright Office News

Source: Copyright.gov (feed)

Copyright Office Reports Substantial Progress on CASE Act Implementation, Extends Date for Commencement of Copyright Claims Board Operations

November 30, 2021

Copyright Office Reports Substantial Progress on CASE Act Implementation, Extends Date for Commencement of Copyright Claims Board Operations NewsNet 936November 30, 2021 The Register of Copyrights is exercising her authority under the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2

Public Registration Opens for Publishers Protections Roundtable

November 15, 2021

Public Registration Opens for Publishers Protections Roundtable NewsNet 935November 15, 2021 The U.S. Copyright Office has opened registration for interested parties to view a virtual public roundtable on copyright protections for publishers, with a focus on press publishers. The roundtable, which w

U.S. Copyright Office Further Extends Comment Period for Copyright Claims Board Initiating Proceedings Rulemaking

November 10, 2021

U.S. Copyright Office Further Extends Comment Period for Copyright Claims Board Initiating Proceedings Rulemaking NewsNet 934November 10, 2021 On September 29, 2021, the U.S. Copyright Office issued a notice of proposed rulemaking seeking public comment on a broad range of procedures governing the i

Copyright Office Invites Second-Round Comments in Publishers Protections Study

November 9, 2021

Copyright Office Invites Second-Round Comments in Publishers Protections Study NewsNet 933November 9, 2021 The U.S. Copyright Office has published a Federal Register notice seeking further comments on the effectiveness of copyright protections for publishers, with a focus on press publishers. These

Copyright Office Further Extends Timing Adjustments for Persons Affected by the COVID-19 Emergency

November 5, 2021

Copyright Office Further Extends Timing Adjustments for Persons Affected by the COVID-19 Emergency NewsNet 932November 5, 2021 The Copyright Office is further extending temporary adjustments to certain timing provisions under the Copyright Act for persons affected by the COVID-19 national emergency.

Copyright Regulations

Source: Justia Regulation Tracker (feed)

Rule - Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates

November 26, 2021

The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 6.2% in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2020 to October 2021.

Rule - Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate

November 23, 2021

The Copyright Royalty Judges announce a cost of living adjustment (COLA) to the royalty rate that noncommercial radio stations at certain colleges, universities, and other educational institutions that are not affiliated with National Public Radio must pay for the use in 2022 of published nondramati

Rule - Determination of Rates and Terms for Digital Performance of Sound Recordings and Making of Ephemeral Copies To Facilitate Those Performances (Web V)

October 27, 2021

The Copyright Royalty Judges announce their final determination of the rates and terms for two statutory licenses (permitting certain digital performances of sound recordings and the making of ephemeral recordings) for the period beginning January 1, 2021, and ending on December 31, 2025.

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

October 22, 2021

Because a comment filed by settling parties included additional material (in particular a memorandum of understanding) that relates to statements in some of the comments the Copyright Royalty Judges received, the Judges are reopening the comment period for an additional 30 days. The proposed rule pu

Notice - Notice of Intent To Audit

September 27, 2021

The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of a notice of intent to audit the 2018, 2019, and 2020 statements of account submitted by commercial webcaster iHeartMedia concerning the royalty payments it made pursuant to two statutory licenses.

Copyright Blogs

Source: Justia BlawgSearch (feed)

[Guest post] Flattery or freeloading? The use of look-a-likes within the context of image rights

November 29, 2021

The IPKat is pleased to host another guest contribution by Jan Jacobi (Kindred Group) on an interesting Dutch case relating to image rights as applied to the evocation of someone's own image.Here's what Jan writes:Flattery or freeloading? The use of look-a-likes within the context of image

How to Protect Book, Movie & Play Titles

November 29, 2021

The right to register a title as a trademark requires the title be used for a series of creative works, which begs the question . . . How Do I Protect a Single Title? The Catch 22 of publishing is that a single title cannot be registered as a trademark unless it has been used on a series of creative

How to Protect Book, Movie & Play Titles

November 29, 2021

Best of 2009: “Adverference?”

November 29, 2021

This was originally published on January 22, 2009: Working from home today after a bruising few weeks at work (see yesterday’s post!), I finally figured out what was going on... The post Best of 2009: “Adverference?” appeared first on LIKELIHOOD OF CONFUSION™.

The annual World Intellectual Property Indicators Report (WIPI) and China’s IP boom

November 29, 2021

On 8 November 2021, the World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report (WIPI), reviewing global IP activity in 2020. WIPI compiles data from around 150 IP authorities (both national and regional) and WIPO concerning filing, registra

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 […]