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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)

Gilkyson v. Disney Enterprises, Inc.

Published on: July 21, 2021

A jury awarded plaintiffs, the adult children and heirs of songwriter Terry Gilkyson, $350,000 based on its finding that Disney, and its music publishing subsidiary Wonderland, had failed to pay contractually required royalties in connection…

Jim Olive Photography v. University of Houston System

Published on: June 18, 2021

The Supreme Court affirmed the judgment of the court of appeals concluding that “a governmental unit’s copyright infringement is not a taking” and that, therefore, the trial court erred in denying a plea to the jurisdiction, holding that the…

Design Basics, LLC v. Kerstiens Homes & Designs, Inc

Published on: June 16, 2021

The Kerstiens family runs companies that build single-family homes out of Jasper, Indiana. Plan Pros and Prime Designs are home design companies that license their plans through Design Basics, which acts as a broker, serving as an intermedia…

Markham Concepts, Inc. v. Hasbro, Inc.

Published on: June 14, 2021

The First Circuit affirmed the judgment of the district court concluding that the board game “The Game of Life” qualified as a “work for hire” under the Copyright Act of 1909.

This case stemmed from a dispute between Rueben Klamer, a toy de…

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…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Behavior Analyst Certification Board, Inc. et al v. Solis

August 6, 2021

Filed: August 6, 2021 as 1:2021cv02131

Plaintiff: Behavior Analyst Certification Board, Inc, NCS Pearson, Inc doing business as Pearson VUE

Defendant: Dailys Solis

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Davis v. The Tuolumne River Preservation Trust

August 6, 2021

Filed: August 6, 2021 as 3:2021cv06089

Plaintiff: Harold Davis

Defendant: The Tuolumne River Preservation Trust

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

MANTEL v. SURIEL GROUP, INC. et al

August 6, 2021

Filed: August 6, 2021 as 1:2021cv22871

Plaintiff: JOHN M MANTEL

Defendant: SURIEL GROUP, INC., FELIX SURIEL

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Reiffer v. Adrenaline, Inc. et al

August 6, 2021

Filed: August 6, 2021 as 1:2021cv04211

Plaintiff: Paul Reiffer

Defendant: Adrenaline, Inc., David Jellins

Cause Of Action: Copyright Infringement

Court: Seventh Circuit › Illinois › US District Court for the Northern District of Illinois

Type: Intellectual Property › Copyright

Art Akiane LLC v. St. Jude Shop, Inc.

August 6, 2021

Filed: August 6, 2021 as 2:2021cv03523

Plaintiff: Art Akiane LLC

Defendant: St. Jude Shop, Inc.

Cause Of Action: Copyright Infringement

Court: Third Circuit › Pennsylvania › US District Court for the Eastern District of Pennsylvania

Type: Intellectual Property › Property Rights: Copyright

Copyright Legislation

Source: Copyright.gov (feed)

Copyright Legislative Developments

August 4, 2021

Bill Recently Introduced

H.R.4130 - American Music Fairness Act

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

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 Office News

Source: Copyright.gov (feed)

U.S. Copyright Office and U.S. Patent and Trademark Office to Host October 26, 2021, Event on AI and Copyright

August 2, 2021

U.S. Copyright Office and U.S. Patent and Trademark Office to Host October 26, 2021, Event on AI and Copyright NewsNet 911August 2, 2021 The U.S. Copyright Office and the U.S. Patent and Trademark Office are hosting an October 26, 2021, conference entitled Copyright Law and Machine Learning for AI:

Copyright Office Announces Open Application Period for Ringer Fellowships

July 30, 2021

Copyright Office Announces Open Application Period for Ringer Fellowships NewsNet 910July 30, 2021 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 initi

Copyright Office Closes Out 150th Celebrations with New Exhibit

July 29, 2021

Copyright Office Closes Out 150th Anniversary Celebrations with New Exhibit NewsNet 909July 29, 2021 July marks the end of the Copyright Office’s 150th anniversary celebration. To commemorate our 150th year, we’ve launched “Find Yourself in Copyright,” an online exhibit exploring the rich history of

Copyright Office Issues Letter to Congress on Effects of the Satellite Television Community Protection and Promotion Act of 2019 on the Satellite Television Marketplace

July 21, 2021

Copyright Office Issues Letter to Congress on Effects of the Satellite Television Community Protection and Promotion Act of 2019 on the Satellite Television Marketplace NewsNet 908July 21, 2021 On June 21, 2021, the U.S. Copyright Office issued a letter to the House and Senate Appropriations Committ

George Thuronyi Appointed Interim Head of the Office of Public Information and Education

July 21, 2021

George Thuronyi Appointed Interim Head of the Office of Public Information and Education NewsNet 907July 21, 2021 Register of Copyrights Shira Perlmutter today announced that George Thuronyi will serve as interim head of the Office of Public Information and Education at the United States Copyright O

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)

3 Count: Charter Sued Part Deux

August 9, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Major Record Labels Sue Charter Communications Again for Alleged Copyright Infringement First off today, Kim Lyons at The Verge reports that the major record labels have joined forced to file a second lawsuit against

Resolving Your Strike 3 Holdings LA Lawsuit

August 9, 2021

Are you a target in a Strike 3 Holdings LLC lawsuit in California? You’re one of the thousands of individuals who have been accused of copyright infringement and should act quickly. Over the past few years, Strike 3 has filed thousands of copyright infringement lawsuits in federal courts across the

[Guest post] China’s path to regulating facial recognition technology

August 9, 2021

Facial recognition technologies are already widespread in China, though their adoption and use needs to comply with a number of requirements. That is so especially after the highlight judicial regulation issued by the Supreme People's Court of China came into effect on 1 August. The guidance ad

The digital dead hand

August 9, 2021

It’s an estate planning / New York bar exam joke — it has to do with something called the Rule Against Perpetuities. Yes, of course, we know that hands are... The post The digital dead hand appeared first on LIKELIHOOD OF CONFUSION™.

Rise of the machines: Federal Court of Australia holds that artificial intelligence can be a patent ‘inventor’

August 9, 2021

It is not often that one reads a decision which raises not only complex and interesting issues of the correct interpretation of Australian patent legislation, but also calls upon the reader to consider existential and philosophical questions regarding the Promethean role of technology in modern soci

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 […]

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