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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)

Melendez v. Sirius XM Radio, Inc.

Published on: October 4, 2022

Plaintiff appealed from the district court’s judgment granting Defendant Sirius XM Radio, Inc. (“Sirius XM”)’s motion to dismiss Plaintiff’s claims with prejudice for violations of his right of publicity under California common and statutory…

Joe Hand Promotions, Inc. v. Griffith

Published on: September 21, 2022

A world-famous boxer and a famous MMA fighter faced one another in a legendary fight, produced by Showtime, which allowed individuals to live-stream the fight from Showtime’s website for $99.99. Showtime granted Mayweather the exclusive rig…

Anthony Campbell v. June James

Published on: September 7, 2022

Plaintiff wrote and recorded the song “Everything Be Lit,” which he later copyrighted. Then Plaintiff filed suit against several parties and Think It’s a Game Records (TIG) for copyright infringement based on one of Defendant’s recordings an…

WILL CO., LTD. V. KA LEE

Published on: August 31, 2022

Will Co. Ltd., a Japanese adult entertainment producer, brought a copyright infringement action against the owners and operators of ThisAV.com, a video-hosting site based in Hong Kong, alleging that the site was displaying without authorizat…

WB MUSIC CORP. V. ROYCE INTL. BROADCASTING CORP.

Published on: August 31, 2022

The district court appointed the receiver and authorized him to sell Defendants’ property—three radio stations—to generate the funds needed to satisfy the judgment. Contending that they had satisfied the judgment by depositing certain sums w…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Prepared Food Photos, Inc. v. Brian Dempseys et al

October 3, 2022

Filed: October 3, 2022 as 1:2022cv05882

Plaintiff: Prepared Food Photos, Inc. and Adlife Marketing & Communications Co., Inc.

Defendant: Brian Dempseys and SpotHopper LLC

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

Court: Second Circuit › New York › US District Court for the Eastern District of New York

Type: Intellectual Property › Copyright

Sarah Beth Maney p/k/a Sarahbeth Maney v. Dotdash Media Inc. et al

October 3, 2022

Filed: October 3, 2022 as 1:2022cv08426

Plaintiff: Sarah Beth Maney p/k/a Sarahbeth Maney

Defendant: Dotdash Media Inc. and Does 1 through 10, inclusive

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

Court: Second Circuit › New York › US District Court for the Southern District of New York

Type: Intellectual Property › Copyright

Sarah Beth Maney p/k/a Sarahbeth Maney v. Dotdash Media, Inc. et al

October 3, 2022

Filed: October 3, 2022 as 1:2022cv08428

Plaintiff: Sarah Beth Maney p/k/a Sarahbeth Maney

Defendant: Dotdash Media, Inc. and Does 1 through 10, inclusive

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

Court: Second Circuit › New York › US District Court for the Southern District of New York

Type: Intellectual Property › Copyright

COVEY v. LA SANT CO, LLC

October 3, 2022

Filed: October 3, 2022 as 2:2022cv12347

Plaintiff: TROY COVEY

Defendant: LA SANT CO, LLC

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

Court: Sixth Circuit › Michigan › US District Court for the Eastern District of Michigan

Type: Intellectual Property › Copyright

August Image LLC v. SOCIETY19 MEDIA, LLC

October 3, 2022

Filed: October 3, 2022 as 1:2022cv11679

Plaintiff: August Image LLC

Defendant: SOCIETY19 MEDIA, LLC

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

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

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)

Copyright Office Issues Final Rule for Remitter Payment Options and Deposit Account Requirements

September 30, 2022

Copyright Office Issues Final Rule for Remitter Payment Options and Deposit Account Requirements NewsNet 982September 30, 2022 The U.S. Copyright Office has issued a final rule amending its regulations governing remitter payments for its services and requirements for maintaining a deposit account. T

In Memory of Marybeth Peters, Eleventh Register of Copyrights

September 30, 2022

In Memory of Marybeth Peters, Eleventh Register of Copyrights NewsNet 981September 30, 2022 On September 29, 2022, the copyright community lost a friend, advocate, and scholar when Marybeth Peters passed away peacefully in her sleep at the age of 83. Having served the Copyright Office for more than

Copyright Office Releases New and Updated Resources in Spanish

September 29, 2022

Copyright Office Releases New and Updated Resources in Spanish NewsNet 980September 29, 2022 Today, the U.S. Copyright Office is releasing the first set of new and updated copyright resources and webpages translated into Spanish. This set of materials includes educational circulars, handouts related

Register Perlmutter Joins Council for Inclusive Innovation (CI2) (Corrected)

September 27, 2022

Register Perlmutter Joins Council for Inclusive Innovation (CI2) NewsNet 979September 27, 2022 The U.S. Copyright Office is sharing an announcement by the U.S. Patent and Trademark Office (USPTO) and the Department of Commerce of newly appointed Co-Vice Chairs of the Council on Inclusive Innovation

Register Perlmutter Joins Council for Inclusive Innovation (CI2)

September 27, 2022

NewsNet Title NewsNet 979 September 27, 2022 The U.S. Copyright Office is sharing an announcement by the U.S. Patent and Trademark Office (USPTO) and the Department of Commerce of newly appointed Co-Vice Chairs of the Council on Inclusive Innovation (CI 2), including Shira Perlmutter, Register of C

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)

3 Count: Melted Chocolate Bunnies

October 4, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: PS5 Has Seemingly Been Jailbroken, and People are Already Installing PT on It First off today, Ryan Leston at IGN reports that, two years after its release, modders may finally be making progress at jailbreaking the P

His Honour Judge Hacon turns up the heat on assignments of the right to a future patent application in road heater battle

October 4, 2022

PatKat thanks Emeritus Kat, Darren Smyth, for bringing this interesting decision from the IPEC to her attention: Jones v Irmac Roads ([2022] EWHC 495 (IPEC)). At its core, the case relates to whether the right to file a patent application in the future is covered by the same provisions relating to t

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

October 4, 2022

On September 22, 2022, the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled "Automated Content Recognition: IP Enforcement and management use cases". The study represents the

Branding alert for Royal Warrant holders

October 4, 2022

Kat friends Jamie Brazier and Abida Chaudri provide an enlightening discussion of the right to use the Royal Arms following the death of Queen Elizabeth II. It was with great sadness that the world learned, on 8 September 2022, of the death of Queen Elizabeth II the longest reigning monarch in Briti

Tattoos and Copyright: A Potent Combination

October 3, 2022

Last week, a jury awarded a victory to tattoo artist Christine Alexander in her long-running case against the video game company Take-Two Interactive. Alexander is responsible for some of the tattoos on WWE star Randy Orton. Take-Two, as part of their ongoing WWE 2K series, featured those tattoos on

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 […]