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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)

Jim Olive Photography v. University of Houston System

Published on: June 18, 2021

The Supreme Court affirmed the judgment of the court of appeals concluding that “a governmental unit’s copyright infringement is not a taking” and that, therefore, the trial court erred in denying a plea to the jurisdiction, holding that the…

Design Basics, LLC v. Kerstiens Homes & Designs, Inc

Published on: June 16, 2021

The Kerstiens family runs companies that build single-family homes out of Jasper, Indiana. Plan Pros and Prime Designs are home design companies that license their plans through Design Basics, which acts as a broker, serving as an intermedia…

Markham Concepts, Inc. v. Hasbro, Inc.

Published on: June 14, 2021

The First Circuit affirmed the judgment of the district court concluding that the board game “The Game of Life” qualified as a “work for hire” under the Copyright Act of 1909.

This case stemmed from a dispute between Rueben Klamer, a toy de…

Design Basics, LLC v. Signature Construction, Inc.

Published on: April 23, 2021

Design Basics is a copyright troll and holds registered copyrights in thousands of floor plans for suburban, single-family tract homes. Its employees trawl the Internet in search of targets for strategic infringement suits of questionable me…

Foss v. Marvic, Inc.

Published on: April 12, 2021

The First Circuit affirmed the judgment of the district court granting summary judgment in favor of Marvic d/b/a Brady-Built Sunrooms (Marvic) and dismissing Cynthia Foss’s state law claims, holding that the district court did not err.

Foss…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

FITZGERALD et al v. MURRAY et al

June 18, 2021

Filed: June 18, 2021 as 1:2021cv01822

Defendant: BEACON BOOKS AND MEDIA, LTD, MAUDE MURRAY

Plaintiff: WORLD WISDOM, INC., MICHAEL FITZGERALD

Cause Of Action: Copyright Infringement

Court: Seventh Circuit › Indiana › US District Court for the Southern District of Indiana

Type: Intellectual Property › Copyright

Star Fabrics, Inc. et al v. CORNERSTONE APPAREL, INC. et al

June 18, 2021

Filed: June 18, 2021 as 2:2021cv05004

Defendant: DNA COUTURE, INC., CORNERSTONE APPAREL, INC.

Petitioner: DOES 1 through 10

Plaintiff: Star Fabrics, Inc.

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Antsy Labs, LLC et al v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

June 18, 2021

Filed: June 18, 2021 as 1:2021cv03289

Plaintiff: Zuru Inc., Antsy Labs, LLC

Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Zlozower v. Manifesto Records, Inc.

June 18, 2021

Filed: June 18, 2021 as 2:2021cv04984

Plaintiff: Neil Zlozower

Defendant: Manifesto Records, Inc.

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Cuffaro v. Rhapsody International Inc

June 18, 2021

Filed: June 18, 2021 as 2:2021cv00824

Plaintiff: Chris Cuffaro

Defendant: Rhapsody International Inc

Cause Of Action: Copyright Infringement

Court: Ninth Circuit › Washington › US District Court for the Western District of Washington

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

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 Legislative Developments

March 27, 2020

Bill Recently Introduced and Passed

H.R. 748, Coronavirus Aid, Relief, and Economic Security Act, Introduced: Mar. 25, 2020.
Passed House: Mar. 27, 2020

See Sec. 19011. (a) Amendment.—National Emergency Relief Authority for the Register of Copyrights, pages 769-772 in PDF version

Copyright Office News

Source: Copyright.gov (feed)

U.S. Copyright Office, WIPO Host Roundtables on International Copyright Education

June 15, 2021

U.S. Copyright Office, WIPO Host Roundtables on International Copyright Education NewsNet 897June 15, 2021 The U.S. Copyright Office and the World Intellectual Property Organization (WIPO) are hosting a yearlong virtual roundtable series on copyright education for youth enrolled in primary and secon

Copyright Office Adjusts Timing Requirements for Certain Registration Applications and Pre-1972 Schedules Pursuant to CARES Act

June 10, 2021

Copyright Office Adjusts Timing Requirements for Certain Registration Applications and Pre-1972 Schedules Pursuant to CARES Act NewsNet 896 June 10, 2021 Pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Copyright Office is temporarily adjusting certain timing requirem

Copyright Office Announces Appointment of Joel Waldfogel as Kaminstein Scholar

June 7, 2021

Copyright Office Announces Appointment of Joel Waldfogel as Kaminstein Scholar NewsNet 895June 7, 2021 Register of Copyrights Shira Perlmutter welcomes Professor Joel Waldfogel as the fourth Abraham L. Kaminstein Scholar at the U.S. Copyright Office. Professor Waldfogel will be joining the Office on

Library of Congress Publishes Results of an Independent Audit of the Fiscal Year 2020 Fiduciary Financial Statements

May 20, 2021

Library of Congress Publishes Results of an Independent Audit of the Fiscal Year 2020 Fiduciary Financial Statements NewsNet 894May 20, 2021 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 Office Further Extends Timing Adjustments for Persons Affected by the COVID-19 Emergency

May 10, 2021

Copyright Office Further Extends Timing Adjustments for Persons Affected by the COVID-19 Emergency NewsNet 893May 10, 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 emergency. The

Copyright Regulations

Source: Justia Regulation Tracker (feed)

Rule - Procedural Regulations of the Copyright Royalty Board Regarding Electronic Filing System (eCRB)

February 16, 2021

The Copyright Royalty Judges are amending regulations governing the electronic filing of documents through the Copyright Royalty Board's electronic filing system (eCRB) to permit attorney designees with approved eCRB user accounts to file on behalf of attorneys.

Notice - Adjustment of Cable Statutory License Royalty Rates

February 4, 2021

The Copyright Royalty Judges publish for comment a proposed settlement governing royalty rates and terms for the distant retransmission of over-the-air television and radio broadcast stations by cable television systems to their subscribers.

Rule - Determination and Allocation of Initial Administrative Assessment To Fund Mechanical Licensing Collective

January 22, 2021

The Copyright Royalty Judges are amending regulations to revise the allocation of the initial administrative assessment To fund the mechanical licensing collective.

Notice - Notice of Intent To Audit

January 8, 2021

The Copyright Royalty Judges (Judges) announce receipt from SoundExchange, Inc., (SoundExchange) of a notice of intent to audit Music Choice to verify royalties paid by Commercial Webcasters, Preexisting Subscription Services, and Business Establishment Services in 2017, 2018, and 2019 pursuant to t

Notice - Notice of Intent To Audit

January 8, 2021

The Copyright Royalty Judges announce receipt from SoundExchange, Inc., (SoundExchange) of a notice of intent to audit the 2017, 2018, and 2019 statements of account submitted by Rockbot, Inc.'s Business Establishment Service concerning royalty payments they made pursuant to statutory license.

Copyright Blogs

Source: Justia BlawgSearch (feed)

Confusion entre les marques en raison de grignotines de cannabis

June 21, 2021

Mon collègue Mat Brechtel explique (en anglais seulement) que la Cour fédérale a décidé que l’utilisation de la marque BUDWAY par un dispensaire de cannabis constituait de la contrefaçon, de la commercialisation trompeuse et de la dépréciation de l’achalandage des marques de commerce de Subway. Les

CJEU rules on seeding, trolls, and interplay between copyright enforcement and data protection rules

June 20, 2021

Back in 2019, The IPKat reported on a referral from Belgium – Mircom, C-597/19 – asking the Court of Justice of the European Union (CJEU) to clarify the treatment of (i) seeding under the InfoSoc Directive and (ii) ‘trolls’ under the Enforcement Directive, as well as the interplay between copyright

Computer and Internet Weekly Updates for 2021-06-19

June 20, 2021

Computer and Internet Weekly Updates for 2021-06-12 https://t.co/h1iijFvwFB 2021-06-13 Bill 95: The Québec government’s desire to allow access and optimal use of its data https://t.co/JdctZLfBen 2021-06-14 Getting Cyber Insurance Right: 5 Practical Tips https://t.co/LEgUn8RQdm 2021-06-14 Submission

Friday’s Endnotes – 06/18/21

June 18, 2021

First Circuit Rules Markham’s Development of ‘The Game of Life’ Was Work Made For Hire Not Subject to Termination Rights — Markham argued that the Supreme Court’s decision in CCNV v. Reid, which interpreted the work for hire provisions of the 1976 Copyright Act, was applicable to works protected und

California Uber Alles

June 18, 2021

We’ve got an even bigger problem now: Read the complaint we filed on behalf of social media superstar DC Draino. You won’t believe your eyes, but it’s very real. Sample... The post California Uber Alles appeared first on LIKELIHOOD OF CONFUSION™.

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 […]