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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)

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…

Designworks Homes, Inc. v. Thomson Sailors Homes, LLC

Published on: August 19, 2021

Designworks filed suit alleging that defendants violated its copyright in the registered design of a two-story home. The district court granted summary judgment for defendants, concluding that defendants’ home design was not a copy of the or…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Keatley v. Colocation America Corporation

October 21, 2021

Filed: October 21, 2021 as 2:2021cv08355

Plaintiff: John Keatley

Defendant: Colocation America Corporation

Cause Of Action: 17 U.S.C. § 501

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

Type: Intellectual Property › Copyright

Nadeau

October 21, 2021

Filed: October 21, 2021 as 3:2021cv08185

Plaintiff: JonPaul Marcel Nadeau

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

VLADAMUA, LLC v. Fashion Nova, LLC

October 21, 2021

Filed: October 21, 2021 as 2:2021cv08367

Plaintiff: VLADAMUA, LLC

Defendant: Fashion Nova, LLC

Cause Of Action: 17 U.S.C. § 101

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

Type: Intellectual Property › Copyright

Face Lace Ltd. v. SH Beauty Inc.

October 21, 2021

Filed: October 21, 2021 as 2:2021cv08362

Plaintiff: Face Lace Ltd.

Defendant: SH Beauty Inc.

Cause Of Action: 17 U.S.C. § 101

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

Type: Intellectual Property › Copyright

Stross v. Twitter, Inc. et al

October 21, 2021

Filed: October 21, 2021 as 2:2021cv08360

Plaintiff: Alexander Stross

Defendant: Twitter, Inc., Terry Wilson Swimming Pool & Spa, Leru Investments, LLC and others

Cause Of Action: 17 U.S.C. § 101

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

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 Hosts Event on Food and Copyright

October 18, 2021

Copyright Office Hosts Event on Food and Copyright NewsNet 928October 18, 2021 The U.S. Copyright Office invites you to attend the upcoming Copyright Office Presents event, “Food and Copyright,” on October 27, 2021, at 10:00 a.m. eastern time. Copyright encourages us to create and share stories that

Outdated Applications to be Removed from the Electronic Registration System

October 15, 2021

Outdated Applications to be Removed from the Electronic Registration System NewsNet 927October 15, 2021 Many users have saved draft applications in the eCO system that have never been submitted to the Copyright Office. To conserve system resources, any draft application created on or before November

Copyright Office Initiates Study on Ancillary Copyright Protections for Publishers and Requests Public Comments

October 12, 2021

Copyright Office Initiates Study on Ancillary Copyright Protections for Publishers and Requests Public Comments NewsNet 926October 12, 2021 The U.S. Copyright Office has published a Federal Register notice announcing a study on the matter of “ancillary copyright” protections for publishers, with a f

Copyright Office Announces Modernization Webinar on the Public Information Office Contact Center

October 8, 2021

Copyright Office Announces Modernization Webinar on the Public Information Office Contact Center NewsNet 925October 8, 2021 The U.S. Copyright Office will host its next public modernization webinar on October 25, 2021, at 1:00 p.m. eastern time. As part of its modernization efforts, the Copyright Of

New Crowdsourcing Campaign Focuses on Early Copyright Records

October 7, 2021

New Crowdsourcing Campaign Focuses on Early Copyright Records NewsNet 924October 7, 2021 By the People, the Library of Congress' crowdsourcing program, and the Rare Book and Special Collections Division, in consultation with the U.S. Copyright Office, have launched a new crowdsourcing transcription

Copyright Regulations

Source: Justia Regulation Tracker (feed)

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.

Notice - Distribution of Satellite Royalty Funds

September 13, 2021

The Copyright Royalty Judges solicit comments on a motion of Multigroup Claimants for partial distribution of 2015-2017 satellite royalty funds.

Notice - Distribution of Cable Royalty Funds

September 13, 2021

The Copyright Royalty Judges solicit comments on a motion of Multigroup Claimants for partial distribution of 2015-2017 cable royalty funds.

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

July 29, 2021

Because of technical issues with the electronic filing system, the Copyright Royalty Judges are reopening the comment period in connection with a proposed partial settlement and proposed regulations that set certain rates and terms applicable during the period beginning January 1, 2023, and ending D

Copyright Blogs

Source: Justia BlawgSearch (feed)

Friday’s Endnotes – 10/22/21

October 22, 2021

45 Years Ago Today, a New US Copyright Act Became the Law of the Land — On October 19, 1976, US President Gerald Ford signed into law a general revision of the copyright laws which remain in effect today. Catie Rowland writes, “The new Copyright Act was the fourth general revision of copyright law s

A vueltas con las mandarinas Nadorcott

October 22, 2021

El pasado 14 de octubre, el Tribunal de Justicia de la Unión Europea (TJUE) ha respondido a las cuestiones prejudiciales planteadas por el Tribunal Supremo (TS) en el marco del asunto C-186/18, relativo a la protección comunitaria de variedades vegetales. El procedimiento tiene su origen en la explo

Blogocracy

October 22, 2021

Today’s top story for blog-navel-gazers: CURRIE FOR CONGRESS: REPRESENTATIVE WATERS HAS FRIENDS IN AL JEZEERAH. Per Dean Esmay, one of the ‘sphere’s favorite milibloggers wants to unseat the Honorable Comrade... The post Blogocracy appeared first on LIKELIHOOD OF CONFUSION™.

No more paper trade mark registration certificates from 2022, says China’s trade mark office

October 21, 2021

On 12 October 2021, the China National Intellectual Property Administration (CNIPA) issued Announcement No. 453 (see the full Chinese text here). According to that directive, from 1 January 2022, the CNIPA will only provide an electronic version of trade mark registration certificates. These should

Plagiarizing University President Avoids Termination

October 21, 2021

Earlier this month, we discussed the case of West Liberty University and its President, W. Franklin Evans. Evans, who was hired for the job in November 2020, gave a freshman convocation speech to a mix of students and faculty on September 15. However, as the speech went on, it became clear that many

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 […]