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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)

Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

Published on: August 23, 2021

When an AM/FM radio station plays a song over the air, it does not pay public performance royalties to the owner of the original sound recording. Digital and satellite radio providers like Sirius, however, must pay public performance royalti…

Designworks Homes, Inc. v. Thomson Sailors Homes, LLC

Published on: August 19, 2021

Designworks filed suit alleging that defendants violated its copyright in the registered design of a two-story home. The district court granted summary judgment for defendants, concluding that defendants’ home design was not a copy of the or…

Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc.

Published on: August 16, 2021

Charles James and Designworks filed suit against real estate companies, as well as their affiliates and agents, claiming that defendants infringed their copyrights when they created and published certain floorplans without authorization. The…

Di Angelo Publications, Inc. v. Kelley

Published on: August 12, 2021

Kelley wanted to publish “Hooker to Looker,” to promote her cosmetics business. Di Angelo agreed to publish and distribute Kelley’s then-unwritten Book, with Kelly receiving 50 percent of the net royalties. Kelley provided Di Angelo with a…

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…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

George Steinmetz v. Shutterstock, Inc. et al

August 23, 2021

Filed: August 23, 2021 as 1:2021cv07100

Plaintiff: George Steinmetz

Defendant: Shutterstock, Inc., Does 1-10

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Simon J. Burchett Photography, Inc. v. Ridgefield Ventures, LLC

August 23, 2021

Filed: August 23, 2021 as 1:2021cv07088

Plaintiff: Simon J. Burchett Photography, Inc.

Defendant: Ridgefield Ventures, 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

George Steinmetz v. Content IQ, LLC et al

August 23, 2021

Filed: August 23, 2021 as 1:2021cv07093

Plaintiff: George Steinmetz

Defendant: Content IQ, LLC, Does 1-20

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Simon J. Burchett Photography, Inc. v. H&M Hennes & Mauritz LP

August 23, 2021

Filed: August 23, 2021 as 1:2021cv07089

Plaintiff: Simon J. Burchett Photography, Inc.

Defendant: H&M Hennes & Mauritz LP

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › Copyright

Messerschmidt v. Source Digital, Inc.

August 23, 2021

Filed: August 23, 2021 as 1:2021cv07115

Plaintiff: James Messerschmidt

Defendant: Source Digital, Inc.

Cause Of Action: Copyright Infringement

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

Type: Intellectual Property › 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)

Copyright Office Issues Final Rule for Small Claims Expedited Registration Procedures and FOIA Conforming Amendment

August 18, 2021

Copyright Office Issues Final Rule for Small Claims Expedited Registration Procedures and FOIA Conforming Amendment NewsNet 914August 18, 2021 The U.S. Copyright Office has published a final rule establishing procedures for a new expedited registration option for a work at issue before the Copyright

Copyright Office Establishes Accommodation for Applicants Affected by Electronic Copyright System Outage

August 17, 2021

Copyright Office Establishes Accommodation for Applicants Affected by Electronic Copyright System Outage NewsNet 913August 17, 2021 The Register of Copyrights today issued a declaration pursuant to her authority to adjust certain registration timing provisions in the event of a disruption to a Copy

Copyright Office Announces Modernization Webinar on the Historical Public Records Program

August 10, 2021

Copyright Office Announces Modernization Webinar on the Historical Public Records Program NewsNet 912August 10, 2021 The Copyright Office will host its next public modernization webinar on August 31, 2021, from noon to 1:00 p.m. eastern time. As part of its modernization efforts, the Copyright Offic

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 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: Turtle Defeat

August 24, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Sirius XM Wins Appeal of Turtles Members’ California Copyright Claims First off today, Blake Brittain at Reuters reports that digital radio service Sirius XM has notched yet another major win in their long-running dis

Towards the national transpositions of the DSM Directive: various techniques to ... do as you please

August 24, 2021

Beach + sunbathing + copyright = the perfect summerAs readers with an interest in EU copyright are well aware, EU Member States had time until 7 June to transpose the DSM Directive 2019/790 [Katposts here] into their own national laws.With a few exceptions [see Communia tracker here], because of a n

Book Review: Art and Copyright

August 24, 2021

This book review of Art and Copyright by Simon Stokes (Partner at Blake Morgan) is kindly provided to you by Alexander Herman, Assistant Director, at the Institute of Art and Law and co-directs the Art, Business and Law LLM developed with the Centre for Commercial Law Studies at Queen Mary Universit

Golden Bunny III: No retroactive application of EU Trade Mark Directive

August 24, 2021

The Golden Bunny trade mark litigation continues to hop along. Former Guest Kat Peter Ling reports on the recent decision of the German Federal Court of Justice regarding retroactive application of the EU Trade Marks Directive. In addition to being known as a source for great chocolate, Swiss chocol

Google adwords hell breaks loose. Yay!

August 24, 2021

The Google / ad words / trademarks story, long a mainstay of LIKELIHOOD OF CONFUSION®, may end up needing a blog of its own, so don’t be surprised if you... The post Google adwords hell breaks loose. Yay! 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 […]

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