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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 […]

Who’s the Owner: A White Paper on “Improving Copyright Information Management: An Investigation of Options and Areas for Further Research”

The U.S. Copyright Office came to Stanford Law School yesterday to conduct a roundtable on Recordation Reengineering, The Stanford Law School Law and Policy Lab submitted comments and a thoughtful White Paper, and live tweeted the proceeding along with us (see @slspolicylab and @fairlyused). The Law and Policy Lab was represented at the roundtable by Peter Holm, third year law […]

Deadline: April 14th. Public invited to weigh in on orphan works – US Copyright Office

ORPHAN WORKS is red hot again. After a number of failed legislative attempts and a couple of high profile court cases, its back to the drawing board, albeit a better defined drawing board. On the one hand, most everyone agrees that for true orphans, it would be great for us all to be able to […]

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Copyright Case Opinion Summaries

Source: Justia Daily Opinion Summaries (feed)

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…

Google LLC v. Oracle America, Inc.

Published on: April 5, 2021

Oracle owns a copyright in Java SE, a computer platform. Google acquired Android and sought to build a new software platform for mobile devices. To allow millions of programmers familiar with Java to work with its new platform, Google copied…

The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

Published on: March 26, 2021

The Second Circuit reversed the district court’s grant of summary judgment to the Foundation on its complaint for a declaratory judgment of fair use and the district court’s dismissal of defendant’s counterclaim for copyright infringement. T…

MidlevelU, Inc. v. ACI Information Group

Published on: March 3, 2021

After a blog operator filed suit against a content aggregator for copyright infringement after the aggregator copied and published the blog’s content, the jury ruled in favor of the blog operator. At issue is whether the district court shoul…

Bitmanagement Software GMBH v. United States

Published on: February 25, 2021

In 2013, the Naval Facilities Engineering Command installed copyrighted graphics-rendering software created by German company Bitmanagement onto all computers in the Navy-Marine Corps Intranet. No express contract or license agreement author…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

HYUPSUNG T.R.D., a South Korean Corporation v. CONNECTED APPAREL COMPANY, LLC, a Delaware Limited Liability Company, doing business as CONNECTED et al

April 12, 2021

Filed: April 12, 2021 as 2:2021cv03152

Plaintiff: HYUPSUNG T.R.D., a South Korean Corporation

Defendant: CONNECTED APPAREL COMPANY, LLC, a Delaware Limited Liability Company, doing business as CONNECTED, BURLINGTON COAT FACTORY DIRECT CORPORATION, a Delaware Corporation

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Mmas Research LLC et al v. University of Massachusetts et al

April 12, 2021

Filed: April 12, 2021 as 2:2021cv03139

Plaintiff: Mmas Research LLC, Dr. Donald E. Morisky

Defendant: Dr. Susan Shaw, Dr. Araceli Carrera, Dr. Christina Torres and others

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Klauber Brothers, Inc. v. Macy's, Inc. et al

April 12, 2021

Filed: April 12, 2021 as 2:2021cv03143

Plaintiff: Klauber Brothers, Inc.

Defendant: Topson Downs of California, Inc., Macy's, Inc., Does 1 through 10,

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Scarfone v. Smith

April 12, 2021

Filed: April 12, 2021 as 1:2021cv10608

Plaintiff: Julie Renee Scarfone

Defendant: Keely Smith

Cause Of Action: Copyright Infringement

Court: First Circuit › Massachusetts › US District Court for the District of Massachusetts

Type: Intellectual Property › Copyright

Scott v. Domus Construction and Design, Inc. et al

April 12, 2021

Filed: April 12, 2021 as 3:2021cv00623

Defendant: Does 1-10, Domus Construction and Design, Inc. a California corporation doing business as Statewide

Plaintiff: Sean Scott

Cause Of Action: Copyright Infringement (definitions)

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

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

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 Legislative Developments

January 22, 2020

Bills Recently Introduced

“Copyright Protection for Civilian Faculty of Certain Accredited Institutions,” Subtitle E, Section 544 of the National Defense Authorization Act for Fiscal Year 2020, amends title 17 of the U.S. Code by providing that the a civilian member of the faculty of certain military institutions, who authors a literary work produced in the course of employment for publication by a scholarly press or journal, owns the copyright of the work and may be directed to provide an irrevocable, nonexclusive license to the U.S. government.
“Satellite Television Community Protection and Promotion Act of 2019” within the Further Consolidated Appropriations Act, 2020 amends title 17 of the U.S. Code by providing a non-expiring compulsory license for satellite retransmissions of distant network stations and non-network “superstations” and by overhauling section 119 to narrow the definition of “unserved households” that can receive signals under the license.
“Library of Congress Technical Corrections Act of 2019” within the Further Consolidated Appropriations Act amends the basic pay for the Register of Copyrights and Associate Registers as provided in title 17 of the U.S. Code, and removes the cap on the number of permitted Copyright Royalty Judges staff members, as well as adjusting the compensation rate for those staff members.

Click here for more information.

Copyright Office News

Source: Copyright.gov (feed)

Copyright Office Announces Webinar on Scaled Agile Framework and the ECS

April 8, 2021

Copyright Office Announces Webinar on Scaled Agile Framework and the ECS NewsNet 891April 8, 2021 The Copyright Office will host its twelfth public modernization webinar on April 28, 2021, from 1:00 to 2:00 p.m. eastern time. As part of its modernization efforts, the Copyright Office is working with

Join us for World IP Day with "The Creative Business: Celebrating World IP Day and Taking Your Ideas to Market"

April 7, 2021

The Creative Business: Celebrating World IP Day and Taking Your Ideas to Market NewsNet 890April 7, 2021 On April 26, 2021, at noon eastern time, the Copyright Office will celebrate World Intellectual Property Day with The Creative Business: Celebrating World IP Day and Taking Your Ideas to Market,

Copyright Office Extends Deadline for Initial Determination in Web V Rate Setting Proceeding

March 29, 2021

Copyright Office Extends Deadline for Initial Determination in Web V Rate Setting Proceeding NewsNet 889March 29, 2021 The U.S. Copyright Office has announced that, at the request of the Copyright Royalty Board, it is extending the deadline for the Board’s initial determination in the Web V webcaste

U.S. Copyright Office Issues Notification of Inquiry Regarding CASE Act Implementation Regulations

March 26, 2021

U.S. Copyright Office Issues Notification of Inquiry Regarding CASE Act Implementation Regulations NewsNet 888March 26, 2021 Pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020, the U.S. Copyright Office has issued a notification of inquiry seeking public comment reg

U.S. Copyright Office Announces Job Postings for Copyright Claims Officers to Consider Small Copyright Claims

March 23, 2021

U.S. Copyright Office Announces Job Postings for Copyright Claims Officers to Consider Small Copyright Claims NewsNet 887March 23, 2021 As part of its implementation of the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020, the U.S. Copyright Office has posted job announcements fo

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)

Plagiarized Goddesses: Why Originality Matters

April 13, 2021

Early March was an amazing time for San Diego painter Jody Abssy. Her new exhibit, Gather Ye Goddesses, was preparing to open at Gallery 21 in the Spanish Village Art Center and was receiving very positive local news coverage including from the San Diego Union-Tribune and the local CBS affiliate. Th

New Strike 3 Holdings Cases in New York

April 13, 2021

If you’re one of the many defendants who have been accused of copyright infringement by Strike 3 Holdings, the attorneys at Antonelli Law can help. The next steps in your Strike 3 Holdings case in New York Remain calm and don’t delete anything– When you receive a subpoena it’s normal to feel a bit p

3 Count: Marshmello Smores

April 13, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Marshmello Defeats Arty’s Copyright Suit Over ‘Happier’ First off today, Gene Maddaus at Variety reports that a judge has dismissed a lawsuit filed against the musician Marshmello over his 2018 song Happier on the gro

Just what we choose it to mean

April 13, 2021

When trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less. [...] The post Just what we choose it to mean appeared first on LIKELIHOOD OF CONFUSION™.

Google v. Oracle: Use of copyrightable computer code is a fair use

April 13, 2021

By Rick Mescher In a highly awaited software copyright decision, the U.S. Supreme Court recently held that Google LLC’s copying of Oracle’s Java application programming interface (API) is a fair use as a matter of law. Java is a programming language and computing platform originally developed by Sun

Fairly Used Blog

Source: Stanford Copyright and Fair Use Center (feed)

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 […]

protect your site from copyright lawsuits

By Mary Minow

Published on: November 16, 2016

Everyone who thought they were protected from copyright lawsuits based on user postings, read this and take action on December 1st 2016 and no later than December 2017. lawofthelevel.com/2016/11/articles/intellectual-property/dont-lose-dmca-safe-harbor-protection/

Happy Birthday – ruling plus full court docket filings

By Mary Minow

Published on: September 25, 2015

Justia has made the full docket of legal filings in the Happy Birthday case available for free online at https://dockets.justia.com/docket/california/cacdce/2:2013cv04460/564772

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