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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)

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…

Griner v. King for Congress

Published on: June 7, 2024

The case revolves around a copyright infringement claim brought by Laney Griner, the owner of the copyright to a popular internet meme template known as “Success Kid.” The meme was used by the King for Congress Committee, a political campaig…

Warner Chappell Music, Inc. v. Nealy

Published on: May 9, 2024

The case revolves around a dispute between Sherman Nealy and Warner Chappell Music, Inc. Nealy, who co-founded Music Specialist, Inc. in 1983, alleged that he held the copyrights to the company’s songs and that Warner Chappell’s licensing ac…

I Dig Texas v. Creager

Published on: April 12, 2024

The case revolves around a dispute between two competitors in the construction equipment market, I Dig Texas, LLC, and Kerry Creager, along with Creager Services, LLC. I Dig Texas used copyrighted photographs of Creager’s products, which wer…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Seidman v. Popular Jewelry Corp.

June 7, 2024

Filed: June 7, 2024 as 1:2024cv04357

Plaintiff: Helayne Seidman

Defendant: Popular Jewelry Corp.

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

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

Type: Intellectual Property › Copyright

Oppenheimer v. Global Aviation Navigator, Inc. et al

June 7, 2024

Filed: June 7, 2024 as 3:2024cv00340

Plaintiff: David Gordon Oppenheimer

Defendant: Global Aviation Navigator, Inc. and Jeffrey A. Carrithers

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

Court: Sixth Circuit › Kentucky › US District Court for the Western District of Kentucky

Type: Intellectual Property › Copyright

Dri-Design, Inc. v. Zeeff Panel Systems, LLC et al

June 7, 2024

Filed: June 7, 2024 as 1:2024cv00602

Plaintiff: Dri-Design, Inc.

Defendant: Zeeff Panel Systems, LLC, Leif Haugen, Derek Ledy and others

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

Court: Sixth Circuit › Michigan › US District Court for the Western District of Michigan

Type: Intellectual Property › Copyright

Run-Tiger LLC d/b/a Run Chicken v. The Individuals, Corporations, Limited Liability Companies, and Unincorporated Associiations Identified on Schedule A to the Complaint

June 7, 2024

Filed: June 7, 2024 as 1:2024cv22212

Plaintiff: Run-Tiger LLC d/b/a Run Chicken

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

Cause Of Action: 17 U.S.C. § 0101 Copyright Infringement

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

Type: Intellectual Property › Copyright

Collectanea J. Limited, a Hong Kong Limited Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule A

June 7, 2024

Filed: June 7, 2024 as 1:2024cv04731

Plaintiff: Collectanea J. Limited, a Hong Kong Limited Corporation

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)

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 Legislative Developments: H.R.7228

February 16, 2024

Bill Recently Introduced

H.R.7228 - BIRDIE Act, introduced 02/05/2024.

To amend title 17, United States Code, to expand the copyright protection provided to architectural works to golf courses, and for other purposes.

Copyright Legislative Developments: H.R.6966

January 18, 2024

Bill Recently Introduced

H.R.6966 - Go Pack Go Act of 2024, introduced 01/11/2024.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties.

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)

Katcall Reminder

June 10, 2024

The deadline for submissions to the openings for GuestKats and InternKat positions (as announced here) is approaching.Apply now!Those interested must submit their complete applications no later than Friday, 14 June (midnight GMT).Complete applications must contain CV details, interest in IPKat, and

Why We Should Add Credit Pages to Books

June 10, 2024

Maris Kreizman at Literary Hub has a simple idea: Add credit pages to books. Here's why it's an idea whose time has come. The post Why We Should Add Credit Pages to Books appeared first on Plagiarism Today.

3 Count: Pirate Advertising

June 10, 2024

Google sued by publishers over pirate ads, a news website sued by a photographer and Content ID handled a billion claims in 6 months. The post 3 Count: Pirate Advertising appeared first on Plagiarism Today.

Non-conventional trade marks and distinctiveness: some remarks from the EUIPO Case Law Conference 2024

June 10, 2024

Last month, I had the opportunity and privilege to speak at the EUIPO Case Law Conference 2024 and present the challenges of trademark modernization, under the heading “Reconciling the Old with the New: Challenges of Trade Mark Modernization” [see IPKat here].In this post, I would like to discuss th

A Man, a Plan, a Telemarketing Scam

June 10, 2024

Dish Network v. Siddiqi: A Rare Case of Vicarious Trademark Infringement Vicarious trademark infringement cases such as the recently decided Dish Network v. Siddiqi are much less common than the contributory liability variety. Courts frequently reject vicarious trademark infringement claims because

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 […]