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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)

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…

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…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Resurrect By Night LLC v. Philipp Plein Americas, Inc. et al

June 4, 2021

Filed: June 4, 2021 as 1:2021cv04948

Defendant: Philipp Plein Americas, Inc., PP Retail USA, LLC, Philipp Plein International AG

Plaintiff: Resurrect By Night LLC

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

OTTOMANSON, INC. v. AMERITU TRADING, INC. et al

June 4, 2021

Filed: June 4, 2021 as 2:2021cv12177

Defendant: AMERITU TRADING, INC., WELL WOVEN, INC.

Plaintiff: OTTOMANSON, INC.

Cause Of Action: Copyright Infringement

Court: Third Circuit › New Jersey › US District Court for the District of New Jersey

Type: Intellectual Property › Copyright

Bachner v. Entertainment Benefits Group, LLC et al

June 4, 2021

Filed: June 4, 2021 as 1:2021cv03181

Plaintiff: Jeff Bachner

Defendant: Ravel Hotel LLC, Entertainment Benefits Group, LLC

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Markos v. iPad Rehab, LLC

June 4, 2021

Filed: June 4, 2021 as 6:2021cv06430

Defendant: iPad Rehab, LLC

Plaintiff: Steven LaMont Markos

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Precision Siding and Windows Inc. v. Ridgley et al

June 4, 2021

Filed: June 4, 2021 as 5:2021cv00244

Plaintiff: Precision Siding and Windows Inc.

Defendant: Steel Works and Supply Inc., Daniel Hickman, Jeffrey Hickman and others

Cause Of Action: Copyright Infringement

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

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)

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 Office Proposes Small Claims Expedited Registration Procedures and FOIA Conforming Amendment

April 26, 2021

Copyright Office Proposes Small Claims Expedited Registration Procedures and FOIA Conforming Amendment NewsNet 892April 26, 2021 The U.S. Copyright Office is proposing procedures for a new expedited registration option, as directed by the Copyright Alternative in Small-Claims Enforcement (CASE) Ac

Reminder! Join Us for "The Creative Business: Celebrating World IP Day and Taking Your Ideas to Market"

April 23, 2021

Reminder: Join us on Monday 4/26 for "The Creative Business: Celebrating World IP Day and Taking Your Ideas to Market" 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 I

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

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)

Commission unveils Article 17 Guidance: 3 highlights

June 4, 2021

Today, after several months of waiting and with the deadline for the national transposition of the DSM Directive being just a weekend away (it will be on Monday, 7 June), the European Commission has issued its Guidance on the application of Article 17. Here are 3 key highlights:Article 17 not a sui

Where are the Responses to the Canadian Government's Copyright Consultations?

June 4, 2021

For those looking for the promises copies of submissions in response to the Government's recent "consultation" efforts on term extension and internet intermediaries, don't hold your breath.The first consultation effort closed on March 31, 2021. BTW, here's my first submissio

Friday’s Endnotes – 06/04/21

June 4, 2021

Supreme Court Grants Cert in Unicolors v. H&M to Consider Whether Section 411 Includes Intent-to-Defraud Requirement — The first copyright case to land on the Supreme Court’s 2022 docket arrived this week, with the Court agreeing to decide when copyright registrations with inaccurate information

Book Review: The Trans-Pacific Partnership: Intellectual Property and Trade in the Pacific Rim

June 4, 2021

This Kat is delighted to review “The Trans-Pacific Partnership: Intellectual Property and Trade in the Pacific Rim”, by Matthew Rimmer (Edward Elgar Publishing, 2020, 616 pp). The Trans-Pacific Partnership (TPP) was a mega-regional agreement, which involved 12 negotiating states, including the US. A

Informe del Parlamento Europeo sobre la piratería en la retransmisión de eventos deportivos

June 4, 2021

La retransmisión ilegal de eventos deportivos es un fenómeno muy extendido, y a menudo el público que sigue estas retransmisiones ni siquiera es consciente de que se trata de algo ilícito. Son varias las iniciativas que han tratado de poner fin estos actos. Así, la Comisión se comprometió a realizar

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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