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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)

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…

Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc.

Published on: August 16, 2021

Charles James and Designworks filed suit against real estate companies, as well as their affiliates and agents, claiming that defendants infringed their copyrights when they created and published certain floorplans without authorization. The…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

v. DUNN et al

September 22, 2021

Filed: September 22, 2021 as 2:2021cv17351

Defendant: ALPHONSO DUNN, JAKE PARKER, CHRONICLE BOOKS LLC

Cause Of Action: Copyright Infringement

Court: Third Circuit › New Jersey › US District Court for the District of New Jersey

Type: Intellectual Property › Copyright

T.S.B. & CO. et al v. Artisan Home LLC et al

September 22, 2021

Filed: September 22, 2021 as 8:2021cv01556

Plaintiff: T.S.B. & CO., Denise Rene Sullivan, Elizabeth Hale and others

Defendant: Artisan Home LLC, Artissimo Designs LLC, Target Stores, Inc. and others

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Strike 3 Holdings, LLC v. Doe

September 22, 2021

Filed: September 22, 2021 as 1:2021cv01071

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe

Cause Of Action: 17 U.S.C. § 101

Court: Fourth Circuit › Virginia › US District Court for the Eastern District of Virginia

Type: Intellectual Property › Copyright

Charles Guerin v. Sam Visser Makeup, Inc.

September 22, 2021

Filed: September 22, 2021 as 2:2021cv07570

Plaintiff: Charles Guerin

Defendant: Sam Visser Makeup, Inc.

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Inc. v. Saban Films LLC

September 22, 2021

Filed: September 22, 2021 as 2:2021cv07583

Plaintiff: Digital Frontier FX Inc.

Defendant: Saban Films LLC

Cause Of Action: Copyright Infringement

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

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 Legislative Developments

October 15, 2020

Bill Recently Introduced

S. 4632 - Online Content Policy Modernization Act, introduced 09/21/2020. To amend title 17, United States Code, to establish an alternative dispute resolution program for copyright small claims, to amend the Communications Act of 1934 to modify the scope of protection from civil liability for “good Samaritan” blocking and screening of offensive material, and for other purposes.

Click here for more information.

Copyright Office News

Source: Copyright.gov (feed)

U.S. Copyright Office Announces New Ringer Fellow

September 23, 2021

U.S. Copyright Office Announces New Ringer Fellow NewsNet 921 September 23, 2021 The U.S. Copyright Office is pleased to announce that Keyana Pusey has joined the Office as a fellow (2021–2023) in the Barbara A. Ringer Copyright Honors Program. She started her two-year appointment this month and wi

Registration Now Open for October Event on Machine Learning and Copyright

September 17, 2021

Registration Now Open for October Event on Machine Learning and Copyright NewsNet 920September 17, 2021 Registration is now open for the U.S. Copyright Office and the U.S. Patent and Trademark Office’s October 26, 2021, conference entitled "Copyright Law and Machine Learning for AI: Where Are We and

Accommodation for Copyright Office Correspondence Deadlines between August 10 and September 9

September 8, 2021

Accommodation for Copyright Office Correspondence Deadlines between August 10 and September 9 NewsNet 919September 8, 2021 When Copyright Office examiners communicate with an applicant via email, the applicant is expected to respond within forty-five days after the examiner’s message was sent. If a

Copyright Office Further Extends Timing Adjustments for Persons Affected by the COVID-19 Emergency

September 8, 2021

Copyright Office Further Extends Timing Adjustments for Persons Affected by the COVID-19 Emergency NewsNet 918September 8, 2021 The Copyright Office is further extending temporary adjustments to certain timing provisions under the Copyright Act for persons affected by the COVID-19 national emergenc

Copyright Office Proposes Small Claims Procedures for Library and Archives Opt-Outs and Class Actions

September 2, 2021

Copyright Office Proposes Small Claims Procedures for Library and Archives Opt-Outs and Class Actions NewsNet 917September 2, 2021 The U.S. Copyright Office has issued a proposed rule to establish procedures by which a library or archive may preemptively opt out of Copyright Claims Board (CCB) proce

Copyright Regulations

Source: Justia Regulation Tracker (feed)

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

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

June 30, 2021

The Copyright Royalty Judges publish for comment proposed regulations that set rates and terms for the use of certain copyrighted works by public broadcasting entities for the period beginning January 1, 2023, and ending December 31, 2027.

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

June 30, 2021

The Copyright Royalty Judges publish for comment proposed regulations that set rates and terms for the use of certain copyrighted works by certain public broadcasting entities for the period beginning January 1, 2023, and ending December 31, 2027.

Copyright Blogs

Source: Justia BlawgSearch (feed)

Patentee doublethink in regulatory submissions and patent prosecution is inequitable conduct: Belcher v. Hospira (US)

September 23, 2021

The US Courts of Appeal of the Federal Circuit (CAFC) found in Belcher Pharmaceuticals v Hospira, Inc that a formulation patent was unenforceable in view of inequitable conduct, in the form of contradictory submissions to the patent office and the regulatory agency (FDA) by the patentee. The case se

Trademarks: The IP that isn’t IP

September 23, 2021

I have asked, begged, cajoled and — well, no I haven’t threatened Ed Timberlake; who could do that? — but in any event, he won’t write a guest post on... The post Trademarks: The IP that isn’t IP appeared first on LIKELIHOOD OF CONFUSION™.

Illegal Electricity Connection: What You Should Know

September 22, 2021

Both a danger to public safety and an energy fraud is what illegal connections are considered to be. We explain what you would like to try and do must you discover one. The unlawful alteration of the electrical installation and the electricity transport grid under the motive to pay less (or simply

3 Count: Falling Down

September 22, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: XXXTentacion and Lil Peep Sued for Copyright Infringement Over ‘Falling Down’ First off today, Trent Fitzgerald at XXL reports that musicians XXXTentacion and Lil Peep are being sued by a singer-songwriter named Jaden

IPKat in conversation with Tim Moss, CEO of the UK IPO

September 22, 2021

This Kat was delighted to have the opportunity to chat with Tim Moss, Chief Executive Officer and Comptroller General of the UK’s Intellectual Property Office (IPO), on the topic of artificial intelligence (AI). Hayleigh Bosher: One of the IPO’s key priorities in its Corporate Plan is to understand

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 […]