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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)

HUTTON TOYS, LLC v. Xiaojun et al

December 29, 2021

Filed: December 29, 2021 as 1:2021cv06913

Plaintiff: HUTTON TOYS, LLC

Defendant: Ye Xiaojun, Xiang Zuojin and John Doe Companies 1-20

Cause Of Action: 17 U.S.C. § 501

Court: Seventh Circuit › Illinois › US District Court for the Northern District of Illinois

Type: Intellectual Property › Copyright

Sadowski v. Orion Healthcare Services, Inc.

December 29, 2021

Filed: December 29, 2021 as 1:2021cv24475

Plaintiff: Christopher Sadowski

Defendant: Orion Healthcare Services, Inc. doing business as Wanderly

Cause Of Action: 17 U.S.C. § 0101

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

Type: Intellectual Property › Copyright

Skoogfors v. Washington Hispanic, Inc. and Johnny A. Yataco

December 29, 2021

Filed: December 29, 2021 as 8:2021cv03311

Plaintiff: Leif Skoogfors

Defendant: Washington Hispanic, Inc. and Johnny A. Yataco

Cause Of Action: 17 U.S.C. § 501

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

Type: Intellectual Property › Copyright

Iconic Images Limited v. Wayfair LLC

December 29, 2021

Filed: December 29, 2021 as 1:2021cv12142

Plaintiff: Iconic Images Limited

Defendant: Wayfair LLC

Cause Of Action: 17 U.S.C. § 501

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

Type: Intellectual Property › Copyright

Embroidery Library, Inc. v. Petco Animal Supplies Stores, Inc.

December 28, 2021

Filed: December 28, 2021 as 0:2021cv02758

Plaintiff: Embroidery Library, Inc.

Defendant: Petco Animal Supplies Stores, Inc.

Cause Of Action: 17 U.S.C. § 501

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

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 Proposes Procedures for Representation by Law Students and Representation of Business Entities before the Copyright Claims Board

December 30, 2021

Copyright Office Proposes Procedures for Representation by Law Students and Representation of Business Entities before the Copyright Claims Board NewsNet 942December 30, 2021 The U.S. Copyright Office is proposing procedures governing representation of parties by law students and representation of b

Copyright Office Ending CARES Act Timing Adjustments

December 29, 2021

Copyright Office Ending CARES Act Timing Adjustments NewsNet 941December 29, 2021 The Register of Copyrights today issued a declaration that, as there is no evidence of a need for continued adjustments as a result of disruptions to the copyright system, the remaining adjustments will be allowed to

Copyright Office Announces a Series of Consultations on Technical Measures that Identify or Protect Copyrighted Works

December 22, 2021

Copyright Office Announces a Series of Consultations on Technical Measures that Identify or Protect Copyrighted Works NewsNet 940December 22, 2021 The U.S. Copyright Office has published a Federal Register notice announcing a series of consultations on technical measures that identify or protect co

Copyright Office Initiates Deferred Registration Examination Study and Requests Public Comments

December 10, 2021

Copyright Office Initiates Deferred Registration Examination Study and Requests Public Comments NewsNet 939December 10, 2021 The U.S. Copyright Office has published a Federal Register notice announcing a study to evaluate the merits of providing an option to defer its examination of copyright regist

Copyright Office Proposes Small Claims Procedures for Active Proceedings and Evidence

December 8, 2021

Copyright Office Proposes Small Claims Procedures for Active Proceedings and Evidence NewsNet 938December 8, 2021 The U.S. Copyright Office is proposing procedures governing active proceedings before the Copyright Claims Board (CCB) and post-determination procedures, as directed by the Copyright Alt

Copyright Regulations

Source: Justia Regulation Tracker (feed)

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.

Rule - Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License

December 1, 2021

The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of s

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

Copyright Blogs

Source: Justia BlawgSearch (feed)

Constitution? But we’re patent lawyers!

December 29, 2021

Maybe. Maybe not: The U.S. Patent and Trademark Office may have a major problem on its hands — the possibly unconstitutional appointment of nearly two-thirds of its patent appeals judges.... The post Constitution? But we’re patent lawyers! appeared first on LIKELIHOOD OF CONFUSION™.

December 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. I don’t know about you, but my 2021 actually made 2020 look pretty, prettay, prettaay good by comparison. This was the year we actually had to try to pretend everything was back to normal when, frank

December 29, 2021

European Commission publishes the evaluation results for the GI and TSG reform

December 29, 2021

Just before closing down for Christmas, the European Commission published the “Evaluation on geographical indications (GIs) and traditional specialities guaranteed (TSGs) protection in the EU” [to download the evaluation, click here and scroll down to the bottom of the page].The evaluation is the pe

EU enforcement of IPRs: the DG TAXUD and EUIPO’s joint report

December 29, 2021

The European Commission’s Directorate-General for Taxation and Customs Union (DG TAXUD) and the European Union Intellectual Property Office (EUIPO) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal marke

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 […]