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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)

Interprofession du Gruyere v. U.S. Dairy Export Council

Published on: March 3, 2023

Appellants are a Swiss consortium, Interprofession du Gruyère (“IDG”), and a French consortium, Syndicat Interprofessionel du Gruyère (“SIG”) (together, “the Consortiums”), who believe that gruyere should only be used to label cheese that is…

Interprofession du Gruyere v. U.S. Dairy Export Council

Published on: March 3, 2023

Sherman Nealy, et al. v. Warner Chappell Music, Inc., et al.

Published on: February 27, 2023

Plaintiffs in this case—Sherman Nealy and Music Specialist, Inc.—filed this copyright action seeking, among other things, damages for infringement they allege occurred more than three years before they filed this lawsuit. The defendants—Warn…

Dmarcian, Inc. v. Dmarcian Europe BV

Published on: February 14, 2023

Dmarcian, Inc. (dInc) and dmarcian Europe BV (dBV)—and a broken business relationship. The original dmarcian, dInc, is a Delaware corporation with headquarters in North Carolina. Its corporate homonym, dBV, is a Dutch entity based in the Net…

Garza v. Everly

Published on: February 10, 2023

The Everly Brothers (Phil and Don) are known for many musical hits, including Cathy’s Clown, recorded, released, and copyrighted in 1960. The copyrights listed both brothers as authors; both were credited as co-authors and received royalties…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Strike 3 Holdings, LLC v. Doe, subscriber assigned IP address 205..178.115.92

March 21, 2023

Filed: March 21, 2023 as 1:2023cv01755

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe, subscriber assigned IP address 205..178.115.92

Cause Of Action: 17 U.S.C. § 101 Copyright Infringement

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

Type: Intellectual Property › Copyright

Strike 3 Holdings, LLC v. Doe, subscriber assigned IP address 67.186.83.116

March 21, 2023

Filed: March 21, 2023 as 1:2023cv01753

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe, subscriber assigned IP address 67.186.83.116

Cause Of Action: 17 U.S.C. § 101 Copyright Infringement

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

Type: Intellectual Property › Copyright

Strike 3 Holdings, LLC v. Doe, subscriber assigned IP address 71.201.209.189

March 21, 2023

Filed: March 21, 2023 as 1:2023cv01754

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe, subscriber assigned IP address 71.201.209.189

Cause Of Action: 17 U.S.C. § 101 Copyright Infringement

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

Type: Intellectual Property › Copyright

Strike 3 Holdings, LLC v. Doe, subscriber assigned IP address 65.79.144.27

March 21, 2023

Filed: March 21, 2023 as 1:2023cv01757

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe, subscriber assigned IP address 65.79.144.27

Cause Of Action: 17 U.S.C. § 101 Copyright Infringement

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

Type: Intellectual Property › Copyright

Koetsier v. Does 1-113, As Identified in Exhibit 2

March 21, 2023

Filed: March 21, 2023 as 1:2023cv01751

Plaintiff: Albert Koetsier

Defendant: Does 1-113, As Identified in Exhibit 2

Cause Of Action: 17 U.S.C. § 101 Copyright Infringement

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

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

Copyright Legislative Developments: H.R.791

March 2, 2023

Bill Recently Introduced

H.R.791 - American Music Fairness Act of 2023, introduced 02/02/2023.

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: S.253

February 17, 2023

Bill Recently Introduced

S.253 - American Music Fairness Act , introduced 02/02/2023.

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: H.R.576

February 10, 2023

Bill Recently Introduced

H.R.576 - Copyright Clause Restoration Act of 2023, introduced 1/26/2023.

To address the duration of copyright, and for other purposes.

Copyright Legislative Developments: H.R.7776

December 23, 2022

Bill Signed Into Law

H.R.7776 - James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Includes sec. 6306: Copyright protection for civilian faculty of the National Intelligence University). December 23, 2022.

Copyright Legislative Developments: H.R. 9541

December 23, 2022

Bill Recently Introduced

H.R. 9541 - SMART Copyright Act of 2023, introduced December 14, 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)

Copyright Office Launches New Artificial Intelligence Initiative

March 16, 2023

Copyright Office Launches New Artificial Intelligence Initiative NewsNet 1004March 16, 2023 Today, the U.S. Copyright Office launches a new initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated using AI t

Iyauta Green Appointed Deputy Director of Operations

March 15, 2023

Iyauta Green Appointed Deputy Director of Operations NewsNet 1003March 15, 2023 Register of Copyrights Shira Perlmutter has announced the appointment of Iyauta Green as Deputy Director of Operations for the U.S. Copyright Office, effective March 13, 2023. Green will assist the Assistant Register and

U.S. Copyright Office Joins Message on International Women’s Day 2023

March 8, 2023

U.S. Copyright Office Joins Message on International Women’s Day 2023 NewsNet 1002March 8, 2023 The U.S. Copyright Office has joined with national and regional intellectual property offices from around the world as well as with the World Intellectual Property Organization (WIPO) to issue a message i

Emily Chapuis Appointed Deputy General Counsel

March 6, 2023

Emily Chapuis Appointed Deputy General Counsel NewsNet 1001March 6, 2023 Register of Copyrights Shira Perlmutter has announced the appointment of Emily Chapuis as Deputy General Counsel for the U.S. Copyright Office, effective March 13, 2023. Chapuis will assist the General Counsel and Associate Reg

NewsNet Message Service Reaches Milestone

February 27, 2023

NewsNet Message Service Reaches Milestone NewsNet 1,000February 27, 2023 We are excited to announce that NewsNet, the U.S. Copyright Office’s email newsletter, has delivered its 1,000th issue since its inception on November 3, 1997. For two-and-a-half decades, we have been dedicated to providing you

Copyright Regulations

Source: Justia Regulation Tracker (feed)

Notice - Distribution of 2020 Cable Royalty Funds

March 22, 2023

The Copyright Royalty Judges solicit comments on a motion of Allocation Phase claimants for partial distribution of 2020 cable royalty funds.

Notice - Distribution of 2020 Satellite Royalty Funds

March 22, 2023

The Copyright Royalty Judges solicit comments on a motion of Allocation Phase claimants for partial distribution of 2020 satellite royalty funds.

Notice - Notice of Intent To Audit

February 7, 2023

The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notice of intent to audit the 2020, 2021, and 2022 statements of account submitted by commercial webcaster licensee Sonos Radio concerning royalty payments it made pursuant to two statutory licenses.

Proposed Rule - Determination of Rates and Terms for Public Broadcasting (PB IV)

January 26, 2023

The Copyright Royalty Judges solicit comments on proposed rates and terms for use of certain works in connection with noncommercial broadcasting for the period from January 1, 2023, through December 31, 2027.

Notice - Notice of Intent To Audit

January 17, 2023

The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2019, 2020, and 2021 statements of account submitted by commercial webcasters Cox Radio Interactive, Deseret Management Corporation, and Feed Media, Inc. concerning royalty payments they made pu

Copyright Blogs

Source: Justia BlawgSearch (feed)

“Cacio Romano” does not infringe PDO “Pecorino Romano”, says Italian Supreme Court

March 22, 2023

With this Kat’s feed being flooded with the news of the ruling in “Pecorino Romano” v. “Cacio Romano”, she could not help but dive into the judgment herself.The case saw the Consortium of producers of protected designation of origin (PDO) “Pecorino Romano” acting against Formaggi Boccea, an Italian

Can Adobe and Nvidia Fix AI’s Copyright Woes?

March 22, 2023

Adobe and Nvidia both announced new image-generating AIs. However, they are setting their offerings apart with one thing: Proper licenses. The post Can Adobe and Nvidia Fix AI’s Copyright Woes? appeared first on Plagiarism Today.

3 Count: Closing Circles

March 22, 2023

Post Malone reaches last-minute settlement in Circles case, Rwandan author sues publisher and Adobe & Nvidia release new AIs. The post 3 Count: Closing Circles appeared first on Plagiarism Today.

The Power of Mediation: Resolving Intellectual Property Disputes Efficiently and Amicably

March 22, 2023

As an attorney at AdamsIP, LLC, I have witnessed the power of mediation firsthand when it comes to resolving intellectual property (IP) disputes. From this perspective I often stress the importance of mediation as an alternative to litigation. In this blog post, I share why mediating IP disputes is

30% discount code on IPKat book now available

March 22, 2023

Time flies when you are having ... (IP) fun! Indeed, as previously announced, in June The IPKat will turn 20. To mark this milestone, we are doing two things.First, we are organizing a big event on 8 June, both online and in London. If you are planning to attend in person in London, hurry up because

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 […]