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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)

Sysco Machinery Corp. v. Cymtek Solutions, Inc.

Published on: December 20, 2024

Sysco Machinery Corp. (“Sysco”), a Taiwanese company, sued two other Taiwanese companies, Cymtek Solutions, Inc. (“Cymtek”) and Cymmetrik Enterprise Co. Ltd. (“Cymmetrik”), in the U.S. District Court for the District of Massachusetts. Sysco …

ORACLE INTERNATIONAL CORPORATION V. RIMINI STREET, INC.

Published on: December 16, 2024

Oracle International Corporation sued Rimini Street, Inc. for copyright infringement and violations of the Lanham Act. Oracle alleged that Rimini, a third-party provider of software support services, infringed on its copyrights by using Orac…

Structured Asset Sales, LLC v. Sheeran

Published on: November 1, 2024

In 2014, Ed Sheeran and Amy Wadge wrote the song “Thinking Out Loud,” which became a global hit. Structured Asset Sales, LLC (SAS), which owns a portion of the royalties for Marvin Gaye’s 1973 song “Let’s Get It On,” alleged that Sheeran’s s…

UMG Recordings v. Grande Communications Networks, LLC

Published on: October 9, 2024

A group of major record labels sued Grande Communications Networks, LLC, an internet service provider, for contributory copyright infringement. The plaintiffs alleged that Grande knowingly provided internet services to subscribers who used t…

Keck v. Mix Creative Learning Center

Published on: September 18, 2024

In 2020, Mix Creative Learning Center, an art studio offering children’s art lessons, began selling online art kits during the pandemic. These kits included reproductions of artworks from Michel Keck’s Dog Art series. Keck sued Mix Creative …

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Zhang v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to Complaint

December 19, 2024

Filed: December 19, 2024 as 1:2024cv13082

Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to Complaint

Plaintiff: Sen Zhang

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

Zhang v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to Complaint

December 19, 2024

Filed: December 19, 2024 as 1:2024cv13052

Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to Complaint

Plaintiff: Sen Zhang

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

Liyu Liu, Ltd. v. THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A

December 19, 2024

Filed: December 19, 2024 as 1:2024cv13065

Plaintiff: Liyu Liu, Ltd.

Defendant: THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A

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

Strike 3 Holdings, LLC v. Doe

December 19, 2024

Filed: December 19, 2024 as 1:2024cv03551

Defendant: John Doe

Plaintiff: Strike 3 Holdings, LLC

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

Court: D.C. Circuit › District of Columbia › US District Court for the District of Columbia

Type: Intellectual Property › Copyright

Pink Palm Puff Ltd. v. Yiwushilanqizhidaichang et al

December 19, 2024

Filed: December 19, 2024 as 1:2024cv05837

Defendant: Dongfa Yang, Yiwushilanqizhidaichang, Gang He and others

Plaintiff: Pink Palm Puff Ltd.

Cause Of Action: 28 U.S.C. § 1338 Copyright Infringement

Court: Eleventh Circuit › Georgia › US District Court for the Northern District of Georgia

Type: Intellectual Property › Copyright

Copyright Legislation

Source: Copyright.gov (feed)

Copyright Legislative Developments: S.835 & H.R.1631

March 31, 2023

Bills Recently Introduced

S.835 - Pro Codes Act, introduced 03/16/2023.

To amend title 17, United States Code, to reaffirm the importance of, and include requirements for, works incorporated by reference into law, and for other purposes.

H.R.1631 - Pro Codes Act, introduced 03/17/2023.

To amend title 17, United States Code, to reaffirm the importance of, and include requirements for, works incorporated by reference into law, and for other purposes.

Copyright Legislative Developments: H.R.791

March 2, 2023

Bill Recently Introduced

H.R.791 - American Music Fairness Act of 2023, introduced 02/02/2023.

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: S.253

February 17, 2023

Bill Recently Introduced

S.253 - American Music Fairness Act , introduced 02/02/2023.

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: H.R.576

February 10, 2023

Bill Recently Introduced

H.R.576 - Copyright Clause Restoration Act of 2023, introduced 1/26/2023.

To address the duration of copyright, and for other purposes.

Copyright Legislative Developments: H.R.7776

December 23, 2022

Bill Signed Into Law

H.R.7776 - James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Includes sec. 6306: Copyright protection for civilian faculty of the National Intelligence University). December 23, 2022.

Copyright Office News

Source: Copyright.gov (feed)

U.S. Copyright Office Extends Deadline for New Exemption Petitions in Section 1201 Rulemaking

July 5, 2023

U.S. Copyright Office Extends Deadline for New Exemption Petitions in Section 1201 Rulemaking NewsNet 1011July 5, 2023 The U.S. Copyright Office is extending the deadline to submit petitions for new exemptions in the ninth triennial rulemaking proceeding under the Digital Millennium Copyright Act (D

Copyright Office Announces Online Webinar Exploring Impact of Artificial Intelligence on Copyright around the World

June 28, 2023

Copyright Office Announces Online Webinar Exploring Impact of Artificial Intelligence on Copyright around the World NewsNet 1010June 28, 2023 Today, the U.S. Copyright Office is announcing a public webinar on July 26, 2023, on international copyright issues arising from artificial intelligence (AI)

U.S. Copyright Office Celebrates First Year of the Copyright Claims Board

June 26, 2023

U.S. Copyright Office Celebrates First Year of the Copyright Claims Board NewsNet 1009June 26, 2023 This June, the United States Copyright Office celebrates the first full year of operation of the Copyright Claims Board (CCB). The CCB is a first-of-its-kind small claims forum to resolve certain copy

U.S. Copyright Office Announces Start of Ninth Triennial Rulemaking Proceeding Under Section 1201

June 8, 2023

U.S. Copyright Office Announces Start of Ninth Triennial Rulemaking Proceeding Under Section 1201 NewsNet 1008June 8, 2023 The Copyright Office has published a notice of inquiry and request for petitions initiating the ninth triennial rulemaking proceeding under the Digital Millennium Copyright Act

Copyright Office Announces Online Webinar on Application Process for Registration of Works with Artificial Intelligence-Generated Content

June 1, 2023

Copyright Office Announces Online Webinar on Application Process for Registration of Works with Artificial Intelligence-Generated Content NewsNet 1007June 1, 2023 Today, the U.S. Copyright Office is announcing a virtual, public webinar on June 28, 2023, on current Office guidance related to applying

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)

Politically incorrect trademarks, continued

December 20, 2024

Originally posted 2014-07-24 15:34:57. Republished by Blog Post PromoterBad feelings from (not so?) long ago get played out across the China Straits. Just how much should trademark registration reflect personal, national, or ethnic sensibilities? This question continues to linger. But not in China.

[Guest post] AI training data, copyright and the UK consultation

December 20, 2024

Earlier this week, the IPKat announced the release of the long-awaited UK consultation on Artificial Intelligence (AI) and copyright. Now, we are pleased to host a further commentary by Angela Daly (University of Dundee). Here’s what she writes:AI training data, copyright and the UK consultation*by

Friday’s Endnotes – 12/20/24

December 20, 2024

Publishers Association wins High Court bid ordering internet service providers to block pirate websites — “Website blocking as a remedy for tackling piracy was first deployed by publishers collectively in 2015. The court can be asked to order intermediaries to intervene to prevent access to websites

Free speech for me, not for thee

December 19, 2024

Originally posted 2006-05-28 16:27:04. Republished by Blog Post PromoterProtest Warrior reports about the left-winger who took cyber-protest too far: On May 23, 2006, a grand jury at the U.S. District Court in Illinois handed down an indictment against Jeremy Alexander Hammond for hacking into the P

Greek court finds that similar GIs and plant variety names can lawfully coexist in Kalamata Olives decision

December 19, 2024

Earlier this year, the Greek Council of State (Συμβούλιο της Επικρατείας) had the opportunity to consider the relationship between plant variety names and geographical indications (GIs). The decision was handed down on the 2nd of April 2024 (Case No. 428/2024), but has just been translated into Engl

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 […]