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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)

KYLE HANAGAMI V. EPIC GAMES, INC., ET AL

Published on: November 1, 2023

Choreographer Kyle Hanagami claimed that Epic Games, Inc., the creator of the videogame Fortnite, infringed the copyright of a choreographic work when the company created and sold a virtual animation, known as an “emote,” depicting portions …

Elliott v. Cartagena, et al.

Published on: October 17, 2023

Plaintiff alleged that he co-created the song “All the Way Up,” but that he has not been properly credited or compensated for his contribution. He filed this action in the district court asserting claims under the Copyright Act, as well as v…

Greer v. Moon, et al.

Published on: October 16, 2023

When he discovered his copyrighted book and song online, Plaintiff Russell Greer sent a “takedown notice” to Defendants Joshua Moon and his website Kiwi Farms, requesting the material be removed from the Kiwi Farms site. When Moon refused, G…

Carbon Six Barrels v. Proof Research

Published on: September 29, 2023

Proof Research, Inc. and Carbon Six Barrels, LLC both manufacture carbon-fiber gun barrels. Proof entered the market first and obtained a trademark for the unique appearance of its barrels. When Proof found out that Carbon Six intended to be…

Bliss Collection, LLC v. Latham Companies, LLC

Published on: September 21, 2023

In 1999, Latham, McLean, and Vernooy formed Bliss to sell children’s clothing under the name “bella bliss.” In 2003, Shannon left Bliss and started Latham to sell her own children’s clothing under the name “little english.” Bliss’s logo is a…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Olsen et al v. Larsen et al

November 24, 2023

Filed: November 24, 2023 as 4:2023cv00110

Plaintiff: Tyler Olsen and Broncs & Donks

Defendant: Seth Larsen and Canvas Cutter

Cause Of Action: 17 U.S.C. § 0501 Copyright Infringement

Court: Tenth Circuit › Utah › US District Court for the District of Utah

Type: Intellectual Property › Copyright

Minden Pictures, Inc. v. Sup China, Inc.

November 24, 2023

Filed: November 24, 2023 as 1:2023cv10312

Plaintiff: Minden Pictures, Inc.

Defendant: Sup China, Inc.

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

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

Type: Intellectual Property › Copyright

Minden Pictures, Inc. v. Grupo Televisa, S.A.B.

November 24, 2023

Filed: November 24, 2023 as 1:2023cv10310

Plaintiff: Minden Pictures, Inc.

Defendant: Grupo Televisa, S.A.B.

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

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

Type: Intellectual Property › Copyright

Strike 3 Holdings, LLC v. Doe subscriber assigned IP address 24.125.173.42

November 24, 2023

Filed: November 24, 2023 as 1:2023cv05357

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe subscriber assigned IP address 24.125.173.42

Cause Of Action: 28 U.S.C. § 1338 Copyright Infringement

Court: Eleventh Circuit › Georgia › US District Court for the Northern District of Georgia

Type: Intellectual Property › Copyright

SHOPIFY INC. v. MOKRIAN

November 24, 2023

Filed: November 24, 2023 as 6:2023cv02266

Plaintiff: SHOPIFY INC.

Defendant: AMIR MOKRIAN

Cause Of Action: 17 U.S.C. § 512 h Limitations on liability relating to material online

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

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

Copyright Legislative Developments: S.2857

September 26, 2023

Bill Recently Introduced

S.2857 - Go Pack Go Act of 2023, introduced September 20, 2023.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties.

Copyright Legislative Developments: S.835 & H.R.1631

March 31, 2023

Bills Recently Introduced

S.835 - Pro Codes Act, introduced 03/16/2023.

To amend title 17, United States Code, to reaffirm the importance of, and include requirements for, works incorporated by reference into law, and for other purposes.

H.R.1631 - Pro Codes Act, introduced 03/17/2023.

To amend title 17, United States Code, to reaffirm the importance of, and include requirements for, works incorporated by reference into law, and for other purposes.

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 Office News

Source: Copyright.gov (feed)

U.S. Copyright Office Extends Deadline for New Exemption Petitions in Section 1201 Rulemaking

July 5, 2023

U.S. Copyright Office Extends Deadline for New Exemption Petitions in Section 1201 Rulemaking NewsNet 1011July 5, 2023 The U.S. Copyright Office is extending the deadline to submit petitions for new exemptions in the ninth triennial rulemaking proceeding under the Digital Millennium Copyright Act (D

Copyright Office Announces Online Webinar Exploring Impact of Artificial Intelligence on Copyright around the World

June 28, 2023

Copyright Office Announces Online Webinar Exploring Impact of Artificial Intelligence on Copyright around the World NewsNet 1010June 28, 2023 Today, the U.S. Copyright Office is announcing a public webinar on July 26, 2023, on international copyright issues arising from artificial intelligence (AI)

U.S. Copyright Office Celebrates First Year of the Copyright Claims Board

June 26, 2023

U.S. Copyright Office Celebrates First Year of the Copyright Claims Board NewsNet 1009June 26, 2023 This June, the United States Copyright Office celebrates the first full year of operation of the Copyright Claims Board (CCB). The CCB is a first-of-its-kind small claims forum to resolve certain copy

U.S. Copyright Office Announces Start of Ninth Triennial Rulemaking Proceeding Under Section 1201

June 8, 2023

U.S. Copyright Office Announces Start of Ninth Triennial Rulemaking Proceeding Under Section 1201 NewsNet 1008June 8, 2023 The Copyright Office has published a notice of inquiry and request for petitions initiating the ninth triennial rulemaking proceeding under the Digital Millennium Copyright Act

Copyright Office Announces Online Webinar on Application Process for Registration of Works with Artificial Intelligence-Generated Content

June 1, 2023

Copyright Office Announces Online Webinar on Application Process for Registration of Works with Artificial Intelligence-Generated Content NewsNet 1007June 1, 2023 Today, the U.S. Copyright Office is announcing a virtual, public webinar on June 28, 2023, on current Office guidance related to applying

Copyright Regulations

Source: Justia Regulation Tracker (feed)

Rule - Determination of Adjustment to Administrative Assessment to Fund Mechanical Licensing Collective

October 5, 2023

The Copyright Royalty Judges publish final regulations that adjust the amounts and terms of the Administrative Assessment To fund the Mechanical Licensing Collective.

Proposed Rule - Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments IV)

October 4, 2023

The Copyright Royalty Judges solicit comments on proposed rates and terms for the making of ephemeral copies of sound recordings to facilitate digital audio transmissions of those sound recordings to business establishments pursuant to the limitation on exclusive rights specified by the Copyright Ac

Rule - Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords III)

August 10, 2023

The Copyright Royalty Judges announce their final determination after remand of the rates and terms for making and distributing phonorecords for the period beginning January 1, 2018, and ending on December 31, 2022.

Notice - Determination of Adjustment to Administrative Assessment To Fund Mechanical Licensing Collective

June 30, 2023

The Copyright Royalty Judges announce commencement of a proceeding to determine an adjustment to the administrative assessment that digital music providers and any significant nonblanket licensees must pay to fund the operations of the Mechanical Licensing Collective (MLC); set the date by which the

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

June 28, 2023

The Copyright Royalty Judges publish final regulations that set rates and terms for use of certain works in connection with noncommercial broadcasting for the period from January 1, 2023, through December 31, 2027.

Copyright Blogs

Source: Justia BlawgSearch (feed)

Defense not the best offense

November 26, 2023

Evan Brown reports on a failed attempt to utilize the affirmative defense of “copyright misuse” as an independent cause of action. Originally posted 2011-12-05 10:40:51. Republished by Blog Post Promoter The post Defense not the best offense appeared first on LIKELIHOOD OF CONFUSION™.

UK AI Regulation Bill

November 25, 2023

A private members Bill introduced into the UK House of Lords entitled the Artificial Intelligence (Regulation) Bill [HL] is an example of a model agile law to regulate AI. It may provide a roadmap as to how to improve AIDA, a draft law that is part of Bill C-27 and widely acknowledged to be flawed.

Key decision

November 25, 2023

“Google makes money not by reason of the nature of the keyword, but by someone clicking on the keyword,” Google lawyer Alexandra Neri told a 15-judge panel of the European... The post Key decision appeared first on LIKELIHOOD OF CONFUSION™.

Trademark: “From The River to the Sea”?

November 24, 2023

Here’s the story: No. Whatever that is, “From the River to the Sea” is not a trademark. I explained in this video: John Welch has a recent post of significant... The post Trademark: “From The River to the Sea”? appeared first on LIKELIHOOD OF CONFUSION™.

Friday Fantasies

November 24, 2023

While those of us in the northern hemisphere are becoming grumpier with the shorter days, there is still reason for cheer: this past week has brought an abundance of IP news and opportunities for readers. Living in sunny Australia, Chewbacca has no excuse for his grumpiness © Madi HapiDesign Law Red

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 […]