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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)

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…

Allen Beaulieu v. Clint Stockwell

Published on: August 30, 2022

Plaintiff, Prince’s photographer, claims his former collaborators and a potential investor in a book project kept his photographs and used them without permission. He sued. The district court granted summary judgment to Defendants on all cla…

ACT, Inc. v. Worldwide Interactive Network, Inc.

Published on: August 23, 2022

ACT publishes “WorkKeys”—“a system of workforce-development assessments that measure skills affecting job performance” and “Skill Definitions,” descriptions of the skills tested by each assessment. ACT collaborated with WIN to promulgate th…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Boehm et al v. Podraza

September 16, 2022

Filed: September 16, 2022 as 2:2022cv01077

Plaintiff: Scott Boehm and Paul Spinelli

Defendant: Joel Podraza doing business as Mil City Collectibles

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

Court: Seventh Circuit › Wisconsin › US District Court for the Eastern District of Wisconsin

Type: Intellectual Property › Copyright

HURSEY v. SPECTACULAR MAGAZINE LLC

September 16, 2022

Filed: September 16, 2022 as 1:2022cv00783

Plaintiff: DANA HURSEY

Defendant: SPECTACULAR MAGAZINE LLC

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

Court: Fourth Circuit › North Carolina › US District Court for the Middle District of North Carolina

Type: Intellectual Property › Copyright

The BioMechanics LLC v. International Fitness Professionals Association, Inc. et al

September 16, 2022

Filed: September 16, 2022 as 6:2022cv00974

Plaintiff: The BioMechanics LLC

Defendant: International Fitness Professionals Association, Inc. and Dr. James Bell

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

Court: Fifth Circuit › Texas › US District Court for the Western District of Texas

Type: Intellectual Property › Copyright

Prepared Food Photos, Inc. v. Trip Restaurant LLC

September 16, 2022

Filed: September 16, 2022 as 1:2022cv07953

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

Defendant: Trip Restaurant LLC doing business as Wellingtons Grill

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

WILD v. GREEN GARDEN LANDSCAPING, LLC.

September 16, 2022

Filed: September 16, 2022 as 1:2022cv00782

Plaintiff: ALEXANDER L WILD

Defendant: GREEN GARDEN LANDSCAPING, LLC.

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

Court: Fourth Circuit › North Carolina › US District Court for the Middle District of North Carolina

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 Announces Open Application Period for Ringer Fellowship

August 15, 2022

Copyright Office Announces Open Application Period for Ringer Fellowship NewsNet 977August 15, 2022 The Copyright Office is now accepting applications for the Barbara A. Ringer Copyright Honors Program. This fellowship, which runs eighteen to twenty-four months, was created for attorneys in the init

U.S. Copyright Office Concludes Study on Deferred Registration Examination

August 1, 2022

U.S. Copyright Office Concludes Study on Deferred Registration Examination NewsNet 976August 1, 2022 Today the U.S. Copyright Office published a letter in response to Senate Judiciary Intellectual Property Subcommittee Ranking Member Thom Tillis’s request that it study the feasibility, benefits, an

Copyright Office Expands Recordation System Access to the Public

August 1, 2022

Copyright Office Expands Recordation System Access to the Public NewsNet 975August 1, 2022 In 2020, the U.S. Copyright Office introduced a limited pilot program for an online recordation system that will eventually replace the current paper-based process. Today, the Copyright Office expands access t

U.S. Copyright Office Releases New Resource for Registering Non-Photographic Databases

July 28, 2022

U.S. Copyright Office Releases New Resource for Registering Non-Photographic Databases NewsNet 974July 28, 2022 The Copyright Office launched a new web page that provides general guidance for registering automated databases that do not primarily consist of photographs. The page includes helpful info

U.S. Copyright Office Amends its Rules for Deposits of Single Issues of Serials

July 22, 2022

U.S. Copyright Office Amends its Rules for Deposits of Single Issues of Serials NewsNet 973July 22, 2022 The U.S. Copyright Office has issued a rule, effective August 22, 2022, allowing those applying to register a single issue of a serial to submit an electronic version of the issue as the deposit

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)

What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

September 18, 2022

Estoril, PortugalEarlier this week I had the honour and pleasure of attending the ALAI Congress, which was organized by the Portuguese ALAI group and held in beautiful Estoril. This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into t

Fifth Circuit: Corporate censorship has it limits

September 18, 2022

If any of part of the opinion in Netchoice decision (full opinion here) sounds familiar, well, it should. The post Fifth Circuit: Corporate censorship has it limits appeared first on LIKELIHOOD OF CONFUSION™.

Computer and Internet Weekly Updates for 2022-09-17

September 18, 2022

Computer and Internet Weekly Updates for 2022-09-10 https://t.co/OZNfoLKwsr 2022-09-11 OSFI Publishes First Interim Framework for Cryptoassets held by Federally Regulated Financial Institutions https://t.co/5O1lAtnbNO 2022-09-12 Court orders production of documents in native formats and with meta da

“Yes We Brand!”

September 18, 2022

Bloomberg News reports that “my generation”‘s President is every bit as thoroughly modern as you’d expect. In other words, no unauthorized drawing down of his icon-equity will be permitted: Yes... The post “Yes We Brand!” appeared first on LIKELIHOOD OF CONFUSION™.

PissedConsumer.com: Ascentive v. Opinion Corp.

September 17, 2022

I try to tread lightly with respect to blogging about cases I’m involved with, but there’s not much question that the December 13, 2011 Eastern District of New York opinion... The post PissedConsumer.com: Ascentive v. Opinion Corp. 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 […]