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25 Jan 2019, 6:00 am
The legal basis for such controlled digital lending suffered a significant blow after last month’s Second Circuit decision in Capitol Records v ReDigi rejected applying fair use to permit the transfer of digital files of copyrighted works. [read post]
28 Apr 2017, 5:50 am
The Copyright Office’s Amicus Brief from Mazer v. [read post]
3 Sep 2021, 6:00 am
The study was requested by Congress in the wake of the Supreme Court’s 2020 Allen v. [read post]
3 Mar 2017, 5:26 am
” CPIP’s Sandra Aistars & Scalia Law Alumnae Urge Federal Circuit to Protect Creators and Rein In Fair Use in Oracle v. [read post]
27 Jul 2018, 5:55 am
Glacier Films v Turchin, 9th Circuit (July 24, 2018) The AG Opinion in Levola Hengelo: more questions than answers? [read post]
17 Aug 2018, 5:34 am
Supreme Court’s 1948 decision in United States v. [read post]
8 Nov 2019, 6:00 am
Argument analysis: Justices pillage state arguments for sovereign immunity for copyright infringement — This week, the Supreme Court heard oral arguments in Allen v. [read post]
16 Dec 2016, 5:55 am
— Finally, next week, the Central District Court of California will hear arguments on motions for summary judgment in Paramount v Axanar, a case involving an allegedly unauthorized spin-off of Star Trek. [read post]
30 Jun 2017, 4:50 am
” Supreme Court of Canada Orders Google to Block Pirate Website Worldwide — Stephen Carlisle looks at the decision from Canada’s top court this week in Google v Equustek Solutions, which upheld an order requiring Google to remove defendant’s websites (which were being used to sell counterfeit versions of plaintiff’s products) from its search index. [read post]
7 Jul 2017, 5:41 am
” CC files amicus brief explaining NC licenses in Great Minds v FedEx Office litigation — The Creative Commons organization steps into a legal dispute involving their noncommercial (NC) license. [read post]
18 May 2018, 5:40 am
” Fourth Estate Public Benefit Corp. v Wall-street.com, Brief for the United States as Amicus Curiae — A well-written brief from the U.S. [read post]
5 Aug 2016, 8:42 am
Remastering: What was licensed in the ABS v. [read post]
2 Jun 2017, 5:33 am
” Instagram DMCA case over removal of copyright notice moves forward — Evan Brown reports on a recent decision in Gattoni v Tibi, an interesting case currently in the Southern District Court of New York. [read post]
5 Jun 2020, 7:30 am
This week, among other things, the Office announced it is soliciting public comments on best practices for the mechanical licensing collective to identify owners of unclaimed royalties under the MMA (the announcement was accompanied by a report on collective rights management practices around the world, which could help inform those best practices); it is also seeking public comments on copyright infringement by states and state entities, following the Supreme Court’s sovereign immunity… [read post]
24 Jun 2016, 4:36 am
To Fee or Not to Fee: Kirtsaeng v John Wiley & Sons — I have a post at CaseText discussing last week’s Supreme Court decision in Kirtsaeng II, which held that courts should focus on the objective reasonableness of parties’ litigation positions but consider all other relevant factors when determining whether to award attorney’s fees. [read post]
3 Aug 2018, 7:07 am
” 9th Circuit Rejects Courts’ “One Size Fits All” Bit Torrent Ruling — Stephen Carlisle looks at last week’s Ninth Circuit opinion in Glacier Films (USA) Inc. v. [read post]
22 Sep 2017, 5:57 am
” Court Rules Copyright is Not a “Use It or Lose It” Right — Stephen Carlisle discusses the recent Southern District Court of New York decision in Penguin Random House v Colting, where Judge Rakoff rejected defendant’s fair use defense regarding unauthorized children versions of classic novels like Breakfast at Tiffany’s and 2001: A Space Odyssey. [read post]
3 Jun 2016, 5:14 am
Madonna Gets Victory Over ‘Vogue’ Sample at Appeals Court — Although a number of lower courts have declined to follow or even criticized the Sixth Circuit’s Bridgeport Music v. [read post]
8 Jan 2016, 5:16 am
Richard Russo on Authors Guild v. [read post]
15 May 2020, 6:00 am
Sohm v. [read post]
