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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)

Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd.

Published on: July 2, 2024

This case involves a dispute between Motorola Solutions, Inc. and Hytera Communications Corporation Ltd., two global competitors in the market for two-way radio systems. After struggling to develop its own competing products, Hytera poached …

Apprio, Inc. v. Zaccari

Published on: June 21, 2024

The case revolves around a dispute between Apprio, Inc., a government contractor, and its former employee, Neil Zaccari. Zaccari, a Senior Technical Manager at Apprio, had developed a regulatory compliance software prior to his employment. D…

Sumrall v. LeSEA, Inc.

Published on: June 12, 2024

The case revolves around a dispute over the estate of Dr. Lester Frank Sumrall, who founded a church that grew into a global evangelical empire, LeSEA, Inc. After his death, his son and grandson, Lester Sumrall, claimed they should have inhe…

Foss v. Marvic

Published on: June 10, 2024

A graphic designer, Cynthia Foss, filed a lawsuit against Marvic, Inc., Brady-Built, Inc., and Charter Communications, alleging copyright infringement. Foss claimed that Marvic and Brady-Built used a marketing brochure she created without he…

Medical Imaging & Technology Alliance v. Library of Congress

Published on: June 7, 2024

The case involves the Medical Imaging & Technology Alliance and the Advanced Medical Technology Association, two trade associations representing medical device manufacturers, who sued the Library of Congress and the Librarian of Congress. Th…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Strike 3 Holdings, LLC v. DOE subscriber assigned IP address: 99.114.192.60

July 9, 2024

Filed: July 9, 2024 as 1:2024cv05792

Plaintiff: Strike 3 Holdings, LLC

Defendant: JOHN DOE subscriber assigned IP address: 99.114.192.60

Cause Of Action: 17 U.S.C. § 501 Copyright Infringement

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

Type: Intellectual Property › Copyright

Makiko Kimura v. The Partnerships and Unincorporated Associations Identified on Schedule A

July 9, 2024

Filed: July 9, 2024 as 1:2024cv05762

Plaintiff: Makiko Kimura

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

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

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

Type: Intellectual Property › Copyright

Makiko Kimura v. The Partnerships and Unincorporated Associations Identified on Schedule A

July 9, 2024

Filed: July 9, 2024 as 1:2024cv05781

Plaintiff: Makiko Kimura

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

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

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

Type: Intellectual Property › Copyright

Strike 3 Holdings, LLC v. DOE subscriber assigned IP address: 73.45.70.49

July 9, 2024

Filed: July 9, 2024 as 1:2024cv05758

Plaintiff: Strike 3 Holdings, LLC

Defendant: JOHN DOE subscriber assigned IP address: 49

Cause Of Action: 17 U.S.C. § 501 Copyright Infringement

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

Type: Intellectual Property › Copyright

Makiko Kimura v. The Partnerships and Unincorporated Associations Identified on Schedule A

July 9, 2024

Filed: July 9, 2024 as 1:2024cv05769

Plaintiff: Makiko Kimura

Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A

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

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

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

U.S. Copyright Office Issues a Final Rule in the Proceeding “Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act.”

July 9, 2024

U.S. Copyright Office Issues a Final Rule in the Proceeding “Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act.”

NewsNet 1044
July 9, 2024

The Copyright Office has issued a final rule in its proceeding “Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act.” This final rule confirms that the derivative works exception to termination rights under the Copyright Act (the “Exception”) does not apply to the statutory mechanical blanket license established by the Music Modernization Act (“MMA”). It directs the mechanical licensing collective (“MLC”) to make future royalty distributions in a manner consistent with this understanding of the Exception and to engage in a corrective royalty adjustment process to correct earlier overpayments that were made based on an erroneous understanding of the Exception. Finally, the rule addresses related notice and timing provisions and other matters relevant to identifying the proper payee to whom the MLC must distribute royalties.

Additional information is available on the rulemaking's webpage.

Copyright Legislative Developments: H.R.8070

June 26, 2024

Bill Recently Introduced

H.R.8070 - Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025, introduced 5/22/2024.

To authorize appropriations for fiscal year 2025 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

Note: Section 1750 includes an amendment to Section 105 of title 17, United States Code.

Copyright Legislative Developments: S.4443

June 5, 2024

Bill Recently Introduced

S.4443 - Intelligence Authorization Act for Fiscal Year 2025, introduced 6/3/2024.

To authorize appropriations for fiscal year 2025 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

Note: Includes a technical amendment to Section 105 of title 17, United States Code.

Copyright Legislative Developments: H.R.7763

May 13, 2024

Bill Recently Introduced

H.R.7763 - Living Wage for Musicians Act of 2024, introduced 3/20/2024.

To establish the Artist Compensation Royalty Fund, and for other purposes.

Copyright Legislative Developments: H.R.7913

April 29, 2024

Bill Recently Introduced

H.R.7913 - Generative AI Copyright Disclosure Act of 2024, introduced 04/09/2024.

To require a notice be submitted to the Register of Copyrights with respect to copyrighted works used in building generative AI systems, and for other purposes.

Copyright Office News

Source: Copyright.gov (feed)

U.S. Copyright Office Invites Public to Webinar on How to Level Up Your Copyright Public Records Search

July 9, 2024

U.S. Copyright Office Invites Public to Webinar on How to Level Up Your Copyright Public Records Search NewsNet 1045 July 09, 2024 The U.S. Copyright Office invites you to register to attend the upcoming webinar: Level Up Your Copyright Public Records Search on August 1, 2024, at 2:00 p.m. eastern

U.S. Copyright Office Issues a Final Rule in the Proceeding “Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act.”

July 9, 2024

U.S. Copyright Office Issues a Final Rule in the Proceeding “Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act.” NewsNet 1044July 9, 2024 The Copyright Office has issued a final rule in its proceeding “Termination Rights, Royalty Distributions,

An Important Message from the U.S. Copyright Office Regarding Pandemic-Era Accommodations

June 27, 2024

An Important Message from the U.S. Copyright Office Regarding Pandemic-Era Accommodations NewsNet 1043June 27, 2024 The U.S. Copyright Office is retiring its Deposit Ticket Declaration Form—a temporary accommodation adopted during the COVID-19 pandemic. This accommodation is no longer necessary now

Library of Congress Reauthorizes Copyright Public Modernization Committee, Now Accepting Applications

May 10, 2024

Library of Congress Reauthorizes Copyright Public Modernization Committee, Now Accepting Applications NewsNet 1041May 10, 2024 The Library of Congress issued the following press release: The Library of Congress has announced the reauthorization of the Copyright Public Modernization Committee and wi

U.S. Copyright Office and USPTO Conclude Joint Study on Non-Fungible Tokens

March 12, 2024

U.S. Copyright Office and USPTO Conclude Joint Study on Non-Fungible Tokens NewsNet 1040March 12, 2024 Today, the U.S. Copyright Office and the U.S. Patent and Trademark Office (USPTO) (collectively the “Offices”) published the results of their joint study on the intellectual property (IP) law and p

Copyright Regulations

Source: Justia Regulation Tracker (feed)

Rule - Determination of Adjustment to Administrative Assessment to Fund Mechanical Licensing Collective

October 5, 2023

The Copyright Royalty Judges publish final regulations that adjust the amounts and terms of the Administrative Assessment To fund the Mechanical Licensing Collective.

Proposed Rule - Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments IV)

October 4, 2023

The Copyright Royalty Judges solicit comments on proposed rates and terms for the making of ephemeral copies of sound recordings to facilitate digital audio transmissions of those sound recordings to business establishments pursuant to the limitation on exclusive rights specified by the Copyright Ac

Rule - Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords III)

August 10, 2023

The Copyright Royalty Judges announce their final determination after remand of the rates and terms for making and distributing phonorecords for the period beginning January 1, 2018, and ending on December 31, 2022.

Notice - Determination of Adjustment to Administrative Assessment To Fund Mechanical Licensing Collective

June 30, 2023

The Copyright Royalty Judges announce commencement of a proceeding to determine an adjustment to the administrative assessment that digital music providers and any significant nonblanket licensees must pay to fund the operations of the Mechanical Licensing Collective (MLC); set the date by which the

Rule - Determination of Rates and Terms for Public Broadcasting (PB IV)

June 28, 2023

The Copyright Royalty Judges publish final regulations that set rates and terms for use of certain works in connection with noncommercial broadcasting for the period from January 1, 2023, through December 31, 2027.

Copyright Blogs

Source: Justia BlawgSearch (feed)

Never Too Late: If you missed the IPKat last week!

July 10, 2024

If you were too busy to keep up with last week's IP news, here's the summary of what you missed.Trade Marks and DesignsImage from Pixabay.Marcel Pemsel evaluated the ruling of the German Supreme Court concerning the 3D trade mark for Volkswagen's famous 'Bulli' vehicle. A mo

The best tablets of 2024: Expert tested and reviewed

July 9, 2024

We reviewed the top tablets from Apple, Samsung, Amazon, and more to help you choose the best one for your needs.

The 10 best early Prime Day 2024 kitchen appliance deals

July 9, 2024

In the market for a new air fryer, coffee maker, or snow cone machine? Refresh your kitchen with these early Prime Day appliance deals, available now.

The 20 best early Prime Day 2024 phone deals

July 9, 2024

From Samsung Galaxy options to the latest iPhone models, here are the best phone deals you can buy ahead of Amazon Prime Day 2024.

Last chance to save up to $1,500 on new Samsung Galaxy Z Fold 6 and Z Flip 6 phones - here's how

July 9, 2024

Ahead of Samsung Unpacked on Wednesday, Samsung is offering a major deal on preorders of new Galaxy Z series phones and other devices with new Galaxy AI features -- but time is running out.

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 […]