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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)

Strike 3 Holdings, LLC v. Doe

November 30, 2023

Filed: November 30, 2023 as 1:2023cv01505

Plaintiff: Strike 3 Holdings, LLC

Defendant: John Doe

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

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

Type: Intellectual Property › Copyright

Rafael Marcio Melillo Bastos v. The Partnerships and Unincorporated Associations Identified on Schedule A

November 30, 2023

Filed: November 30, 2023 as 1:2023cv16369

Plaintiff: Rafael Marcio Melillo Bastos

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

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

Rafael Marcio Melillo Bastos v. The Partnerships and Unincorporated Associations Identified on Schedule A

November 30, 2023

Filed: November 30, 2023 as 1:2023cv16373

Plaintiff: Rafael Marcio Melillo Bastos

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

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

Ledford v. Tyler Perry Studio's et al

November 30, 2023

Filed: November 30, 2023 as 1:2023cv05472

Plaintiff: Larry Lamont Ledford

Defendant: Tyler Perry Studio's, Christian Keyes and Law Office of Dayna Thomas Cook, Esq LLC

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

Charlie Bowater v. The Partnerships and Unincorporated Associations Identified on Schedule A

November 30, 2023

Filed: November 30, 2023 as 1:2023cv16364

Plaintiff: Charlie Bowater

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

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: 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 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 Office News

Source: Copyright.gov (feed)

Copyright Office Welcomes New Ringer Fellow

November 21, 2023

Copyright Office Welcomes New Ringer Fellow NewsNet 1028 November 21, 2023 The U.S. Copyright Office is pleased to announce that Isaac Klipstein has joined the Office as a fellow (2023–2025) in the Barbara A. Ringer Copyright Honors Program. Klipstein started his two-year appointment in August and i

U.S. Copyright Office Extends Deadline for Reply Comments on its Rulemaking on Termination Rights and the Music Modernization Act

November 16, 2023

U.S. Copyright Office Extends Deadline for Reply Comments on its Rulemaking on Termination Rights and the Music Modernization Act NewsNet 1027November 16, 2023 The U.S. Copyright Office is extending the deadline to submit reply comments in response to the Office’s September 26, 2023, supplemental no

U.S. Copyright Office Extends Deadline for Reply Comments on Artificial Intelligence Notice of Inquiry

November 15, 2023

U.S. Copyright Office Extends Deadline for Reply Comments on Artificial Intelligence Notice of Inquiry NewsNet 1026 November 15, 2023 The U.S. Copyright Office is extending the deadline to submit reply comments in response to the Office’s August 30, 2023, notice of inquiry regarding artificial intel

U.S. Copyright Office Issues Notice of Proposed Rulemaking in the Ninth Triennial Proceeding Under Section 1201

October 19, 2023

U.S. Copyright Office Issues Notice of Proposed Rulemaking in the Ninth Triennial Proceeding Under Section 1201 NewsNet 1025October 19, 2023 The Copyright Office has published a notice of proposed rulemaking in the ninth triennial proceeding under section 1201 of Title 17. Section 1201 generally mak

U.S. Copyright Office Extends Deadline for Reply Comments on its Rulemaking on Access to Electronic Works

October 18, 2023

U.S. Copyright Office Extends Deadline for Reply Comments on its Rulemaking on Access to Electronic Works NewsNet 1024October 18, 2023 The U.S. Copyright Office is extending the deadline to submit reply comments in response to the Office’s September 1, 2023, notice of proposed rulemaking to update i

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)

IPKat Book of the Year Awards 2023

December 1, 2023

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community. But there can be only one winner (per catego

Friday’s Endnotes – 12/01/23

December 1, 2023

Google to pay Canada’s “link tax,” drops threat of removing news from search — “Google has agreed to pay Canadian news businesses $100 million a year to comply with the country’s Online News Act, despite previously saying it would remove Canadian news links from search rather than make the required

Spotify to cease operations in Uruguay over copyright laws

December 1, 2023

As has been reported in the music press, the well-known digital music service Spotify has announced that it will be imminently ceasing its operations in Uruguay due to certain amendments included in the country's copyright laws regarding the remuneration of performers. The lawThe law which Spo

Blog “brand confusion”

December 1, 2023

“Andrew Sullivan of Instapundit”? Guys, whichever of you calls me first gets to retain me. UPDATE: Is insanity a plea in a trademark infringement case? Originally posted 2007-05-09 17:31:23. Republished... The post Blog “brand confusion” appeared first on LIKELIHOOD OF CONFUSION™.

Never Too Late: If you missed the IPKat last week!

December 1, 2023

If you've been sleeping on the IP news from the past week, it's time to rise and shine! Here's the summary of what you missed.PatentsLooks like it'll be a while before Bumpkin gets up-to-date with the IP news... © Madi HapiAnnsley Merelle Ward informed readers of the latest comm

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 […]