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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)

Victor Elias Photography, LLC v. Ice Portal, Inc.

Published on: August 12, 2022

Plaintiff, a commercial photographer, discovered infringing uses of his copyrighted images on the internet. Instead of pursuing the infringing parties, Plaintiff brought a lawsuit against Ice Portal, Inc. – now a division of Shiji (US), Inc….

ELLIOT MCGUCKEN V. PUB OCEAN LIMITED

Published on: August 3, 2022

Plaintiff alleged copyright infringement in the posting by Pub Ocean Ltd. of an article about an ephemeral lake that formed on the desert floor in Death Valley, using twelve of Plaintiff’s photos of the lake without seeking or receiving a li…

LANG VAN, INC. V. VNG CORPORATION

Published on: July 21, 2022

In a prior appeal, the Ninth Circuit vacated a prior dismissal for lack of personal jurisdiction and remanded with instructions that Plaintiff be permitted to undertake jurisdictional discovery. On remand, the district court granted defendan…

STARZ ENTERTAINMENT, LLC V. MGM DOMESTIC TELEVISION DISTR.

Published on: July 14, 2022

Starz Entertainment LLC (Starz) entered into two licensing agreements with MGM Domestic Television Distribution LLC (MGM). Starz sued MGM in May 2020, asserting 340 claims of direct copyright infringement, 340 claims of contributory copyrigh…

Beatriz Ball v. Barbagallo Company

Published on: July 12, 2022

Beatriz Ball, LLC, is a Louisiana company doing business as Beatriz Ball and Beatriz Ball Collection. Barbagallo Company, LLC is a New Jersey company doing business as Pampa Bay. Plaintiff alleged that Pampa Bay has been marketing and distri…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Strike 3 Holdings, LLC v. Doe

August 11, 2022

Filed: August 11, 2022 as 4:2022cv02704

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe

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

Court: Fifth Circuit › Texas › US District Court for the Southern District of Texas

Type: Intellectual Property › Copyright

Joe Hand Promotions, Inc. v. Momin et al

August 11, 2022

Filed: August 11, 2022 as 4:2022cv02698

Plaintiff: Joe Hand Promotions, Inc.

Defendant: Siraj Momin and Five Nine Lounge Inc.

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

Court: Fifth Circuit › Texas › US District Court for the Southern District of Texas

Type: Intellectual Property › Copyright

Strike 3 Holdings, LLC v. Doe

August 11, 2022

Filed: August 11, 2022 as 4:2022cv02703

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe

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

Court: Fifth Circuit › Texas › US District Court for the Southern District of Texas

Type: Intellectual Property › Copyright

Joe Hand Promotions Inc v. Werk Investments LLC et al

August 11, 2022

Filed: August 11, 2022 as 2:2022cv00921

Plaintiff: Joe Hand Promotions Inc

Defendant: Werk Investments LLC doing business as Points View Boite and Marcos Ramos-Garcia

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

Court: Seventh Circuit › Wisconsin › US District Court for the Eastern District of Wisconsin

Type: Intellectual Property › Copyright

Joe Hand Promotions, Inc. v. Dunford et al

August 11, 2022

Filed: August 11, 2022 as 4:2022cv02699

Plaintiff: Joe Hand Promotions, Inc.

Defendant: Tracy Dunford, Gary Dunford, Daz Dunford and others

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

Court: Fifth Circuit › Texas › US District Court for the Southern District of Texas

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)

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 Office Expands Recordation System Access to the Public

August 1, 2022

Copyright Office Expands Recordation System Access to the Public NewsNet 975August 1, 2022 In 2020, the U.S. Copyright Office introduced a limited pilot program for an online recordation system that will eventually replace the current paper-based process. Today, the Copyright Office expands access t

U.S. Copyright Office Releases New Resource for Registering Non-Photographic Databases

July 28, 2022

U.S. Copyright Office Releases New Resource for Registering Non-Photographic Databases NewsNet 974July 28, 2022 The Copyright Office launched a new web page that provides general guidance for registering automated databases that do not primarily consist of photographs. The page includes helpful info

U.S. Copyright Office Amends its Rules for Deposits of Single Issues of Serials

July 22, 2022

U.S. Copyright Office Amends its Rules for Deposits of Single Issues of Serials NewsNet 973July 22, 2022 The U.S. Copyright Office has issued a rule, effective August 22, 2022, allowing those applying to register a single issue of a serial to submit an electronic version of the issue as the deposit

Library of Congress Publishes Results of an Independent Audit of the Fiscal Year 2021 Fiduciary Financial Statements

July 5, 2022

Library of Congress Publishes Results of an Independent Audit of the Fiscal Year 2021 Fiduciary Financial Statements NewsNet 972July 5, 2022 Earlier this year, the Library of Congress contracted with an independent public accounting firm Cotton & Company LLP to conduct an audit of the financial

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)

A Theory of Trademarks in the Blog Era

August 12, 2022

(Edited to reflect the march of time.) On April 5th, as you were previously warned, I presented in New York City as part of a seminar on Advanced Trademark Issues... The post A Theory of Trademarks in the Blog Era appeared first on LIKELIHOOD OF CONFUSION™.

Strike 3 Holdings Files Hundreds of New Cases

August 12, 2022

Strike 3 Holdings recently filed over 300 new cases, from Hawaii to New York. States where Strike 3 Holdings filed includes: Texas, California, Connecticut, Washington, DC, Florida, Hawaii, Illinois, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Tennessee, and Virginia. Did you receiv

Friday’s Endnotes – 08/12/22

August 12, 2022

Andy Warhol Foundation v Goldsmith, Brief for Respondents [PDF] — Goldsmith’s counsel this week filed its merits brief in the closely-watched Supreme Court copyright case. The brief argues, “AWF’s test would transform copyright law into all copying, no right. Altering a song’s key to convey differen

Reflecting Fool

August 11, 2022

George M. Wallace, better known to law blog readers by virtue of his Declarations and Exclusions blog, moons us all and has published an “extra” April Fool’s Blawg Review Appendix... The post Reflecting Fool appeared first on LIKELIHOOD OF CONFUSION™.

Copyright infringement in artificial intelligence art

August 11, 2022

As AI creative tools are becoming widespread, the question of copyright of AI creations has also taken centre-stage. But while copyright nerds obsess over the authorship question, the issue that is getting more attention from artists is that of copyright infringement. AI is trained on data, in the c

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 […]