Behind the Scenes With
Winston Tabb, Representing Libraries at the World Intellectual Property Organization (WIPO)
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Fairly Used Blog
- Attack on Open Access
Even very popular government mandates have opponents, and the National Institutes of Health’s (NIH) Public Access Policy certainly has its critics. According to the agency, “The NIH Public Access Policy implements Division G, Title II, Section 218 of PL 110-161 (Consolidated Appropriations Act, 2008). The law states:” The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed...Posted: January 6, 2012 - Behind the Scenes With Winston Tabb, Representing Libraries at the World Intellectual Property Organization (WIPO)
BEHIND THE SCENES WITH WINSTON TABB, REPRESENTING LIBRARIES AT THE WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)Mary Minow: Good morning. I understand that international treaty discussions concerning libraries, archives and copyright are scheduled in Geneva in November 2011. How did that come to be? Winston Tabb: Really, where we began was at the International Federation of Library Associations and Instititutions (IFLA) World Congress in Oslo in 2005. We didn't start with the idea...Posted: July 4, 2011 - Copyright Case Summaries: Interview with Cicely Wilson and Courtney Minick of Justia
Above: Cicely Wilson and Courtney Minick of Justia, holding Sheba and Belle, respectivelyCopyright Case Summaries: Interview with Cicely Wilson and Courtney Minick of JustiaThe Stanford Copyright and Fair Use site is pleased to announce a new feature to aid readers in keeping up and understanding copyright cases in a timely manner: copyright case summaries. To explain this new feature, Mary Minow talks to two editors of Justia, Cicely Wilson and Courtney Minick. Mary Minow: Tell us about the copyright case...Posted: April 22, 2011
What's New
Copyright Case Opinion Summaries
- Oy v. Mosley, et al
Plaintiff appealed the district court's order granting defendants' motion for summary judgment, and denying as moot plaintiff's motion for summary judgment. Plaintiff alleged that defendants infringed its copyright of "Acidjazzed Evening," a Sound Interface Device (SID) file. The court concluded that the district court erred by granting Defendant Mosley's motion for summary judgment. However, because plaintiff failed to produce substantially probative evidence that it complied with statutory prerequisites prior to filing this action, the court affirmed.Posted: September 14, 2012 - Capitol Records, Inc., et al v. Thomas-Rasset
This appeal arose from a dispute between several recording companies and defendant. Defendant willfully infringed copyrights of 24 sound recordings by engaging in file-sharing on the Internet. On appeal, the companies appealed the remedy ordered by the district court. The court concluded that the recording companies were entitled to the remedies they sought: damages of $222,000 and a broadened injunction that forbid defendant to make available sound recordings for distribution. But because the verdicts returned by the second and third juries were sufficient to justify these remedies, it was unnecessary for the court to consider the merits of the district court's order granting a new trial after the first verdict.Posted: September 11, 2012 - Baisden v. I'm Ready Productions, Inc., et al.
Plaintiff, the host of a nationally syndicated radio show and the author of several books, appealed an adverse judgment in his suit against various defendants for copyright infringement, breach of contract, and tortious interference. Defendants cross-appealed the denial of attorneys' fees. Because the court agreed that the facts of this case supported the creation of an exclusive license as to the first work at issue, and an implied nonexclusive license as to the second work at issue, the court affirmed the jury's verdict that defendants did not infringe on plaintiff's copyrights. The court rejected the remaining challenges to the district court's judgment and affirmed in all respects.Posted: September 3, 2012 - U.S. Auto Parts Network, Inc. v. Parts Geek, LLC, et al.
USAP brought suit against Parts Geek and various individuals alleging, among other things, copyright infringement in certain e-commerce software. The district court granted summary judgment against USAP on its claim of copyright infringement because it concluded that USAP did not own the allegedly infringed copyright. Because there were genuine issues of material fact as to whether USAP owned a copyright in all or part of the software at issue, the court reversed in part, vacated in part, and remanded.Posted: August 31, 2012 - Petrella v. Metro-Goldwyn-Mayer, Inc., et al.
Plaintiff filed an action for copyright infringement, as well as unjust enrichment and accounting, against defendants. According to plaintiff, defendants infringed her purported interest in a book and two screenplays that together allegedly formed the basis for the 1980 motion picture "Raging Bull." The court held that plaintiff's copyright infringement claim was barred by laches and therefore did not reach the merit of the claim itself. The court also held that, because laches was an equitable defense, the court agreed with the district court that laches also barred plaintiff's unjust enrichment and accounting claims. The court further held that the district court did not abuse its discretion in denying defendant's sanctions and attorney's fees motions.Posted: August 29, 2012
Dockets
- QA Worldwide, Inc. v. Actuant Corporation1:2012cv00732Filed in Ohio Southern District CourtType of Suit: CopyrightsPlaintiff: QA Worldwide, Inc. Defendant: Actuant Corporation.Judge: S Arthur SpiegelCause Of Action: Copyright InfringementPosted: September 25, 2012
- Johnson et al v. Venzon et al1:2012cv00907Filed in New York Western District CourtType of Suit: CopyrightsPlaintiff: Larry G. Johnson and Law Forum Pre. Defendant: Catharine M Venzon and Venzon Law Frim P.C.Cause Of Action: Copyright InfringementPosted: September 25, 2012
- Malibu Media, LLC v. Wieland1:2012cv02549Filed in Colorado District CourtType of Suit: CopyrightsPlaintiff: Malibu Media, LLC. Defendant: Brian Wieland.Cause Of Action: Copyright InfringementPosted: September 25, 2012
- Sony BMG Music, et al v. Tenenbaum12-2146Filed in First Circuit Court of AppealsType of Suit: CopyrightsPlaintiff - Appellee: SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership, WARNER BROS RECORDS INC, a Delaware Corporation, ATLANTIC RECORDING CORPORATION, a Delaware Corporation, ARISTA RECORDS, LLC, a Delaware limited liability company and UMG RECORDINGS INC., a Delaware corporation and other. Defendant - Appellant: JOEL TENENBAUM. Interested Party: NASHVILLE SONGWRITERS ASSOCIATION INTERNATIONAL, SONGWRITERS GUILD OF AMERICA, AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA, MOTION PICTURE ASSOCIATION OF AMERICA and other. Plaintiff: UNITED STATES.Posted: September 25, 2012
- Bryan Pringle v. William Adams, Jr., et al12-56744Filed in Ninth Circuit Court of AppealsType of Suit: CopyrightsPlaintiff - Appellee: BRYAN PRINGLE, an individual. Defendant - Appellant: WILLIAM ADAMS, Jr., individually and collectively as the music group the Black Eyed Pea, STACY FERGUSON, individually and collectively as the music group the Black Eyed Pea, JAIME GOMEZ, individually and collectively as the music group the Black Eyed Pea, ALLAN PINEDA, Individually and collectively as the music group the Black Eyed Pea, DAVID GUETTA and other.Posted: September 25, 2012
Legislation
- S. 3609 - A bill to adopt fair standards and procedures by which determinations of Copyright Royalty Judges are made with respect to webcasting, and for other purposes (09/21/2012)
- H. R. 6480 - To adopt fair standards and procedures by which determinations of Copyright Royalty Judges are made with respect to webcasting, and for other purposes (09/21/2012)
- S. 3523 - Innovative Design Protection Act of 2012 (09/20/2012)
- H. R. 4469 - Four Corners Television Access Act of 2012 (04/19/2012)
- H. R. 3782 - Online Protection and Enforcement of Digital Trade Act (01/18/2012)
- S. 2029 - Online Protection and Enforcement of Digital Trade Act (12/17/2011)
- S. 2008 - Next Generation Television Marketplace Act of 2011 (12/16/2011)
- H. R. 3675 - Next Generation Television Marketplace Act (12/15/2011)
- S. 2000 - Equity for Visual Artists Act of 2011 (12/15/2011)
- H. R. 3688 - Equity for Visual Artists Act of 2011 (12/15/2011)
- S. 1830 - Protect American Innovation Act of 2011 (10/26/2011)
- H. R. 2933 - Sound Recording Simplification Act (07/13/2011)
- S. 1267 - Strengthening America's Trade Laws Act (05/12/2011)
- H. R. 1203 - Fairness for the U.S. Territories Under STELA Act (03/17/2011)
Regulations
- Copyright Royalty Board - Rule - Statutory licenses; rates and terms: Digital performances of sound recordings and making ephemeral recordings; new subscription service
Copyright Royalty Board, Library of CongressRuleStatutory licenses; rates and terms:Digital performances of sound recordings and making ephemeral recordings; new subscription service,72253-72256 [E7-24734] LIBRARY OF CONGRESS Copyright Royalty Board...Posted: December 20, 2007 - Copyright Royalty Board - Rule - Copyright royalty funds: Preexisting subscription and satellite digital audio radio services; rates and terms adjustment
Copyright Royalty Board, Library of CongressRuleCopyright royalty funds:Preexisting subscription and satellite digital audio radio services; rates and terms adjustment,71795-71798 [E7-24625] LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 382...Posted: December 19, 2007 - Copyright Office - Proposed Rule - Copyright office and procedures: Cable system definition
Copyright Office, Library of CongressProposed RuleCopyright office and procedures:Cable system definition,70529-70540 [E7-24079] LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. 2007-11] Definition of Cable System AGENCY: Copyright...Posted: December 12, 2007 - Copyright Office - Notice - Copyright office and procedures: Satellite carrier compulsory license; rate adjustment
Copyright Office, Library of CongressNoticeCopyright office and procedures:Satellite carrier compulsory license; rate adjustment,68198-68199 [E7-23520] LIBRARY OF CONGRESS Copyright Office [Docket No. 2007-12] Section 119 and the Changes in the...Posted: December 4, 2007 - Copyright Royalty Board - Rule - Noncommercial educational broadcasting; copyrighted works use; statutory license rates and terms
Copyright Royalty Board, Library of CongressRuleNoncommercial educational broadcasting; copyrighted works use; statutory license rates and terms,67646-67652 [E7-23145] LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 2006-2 CRB...Posted: November 30, 2007
Copyright Office
- Copyright Office Celebrates World Intellectual Property Day
April 26 is World Intellectual Property Day, an international celebration of the creativity, expression, and innovation fostered by copyright law and other protection of intellectual property.Posted: June 1, 2011 - Copyright Office Announces Public Hearing
Section 302 of the Satellite Television Extension and Localism Act (STELA) requires the Copyright Office to prepare a report for Congress addressing possible mechanisms, methods, and recommendations for phasing out the statutory licensing...Posted: June 1, 2011 - Register's Testimony: Promoting Investment and Protecting Commerce Online: Legitimate Sites v. Parasites, Part IPosted: June 1, 2011
- Copyright Office Announces Dates and Times for Public Meeting on Copyright Protection for Pre-1972 Sound Recordings; Invites Participation Requests
The Copyright Office will host a public meeting on copyright protection for pre-1972 sound recordings on June 2, 2011, from 9:00 am to 5:00 pm and on June 3, 2011, from 9:00 am to 1:30 pm at the Library of Congress in Washington, D.C.Posted: June 1, 2011 - Copyright Office Online Registration and Website Unavailable this Weekend
The Library of Congress will be performing network maintenance this weekend. Accordingly, the electronic Copyright Office (eCO) online registration system will be unavailable beginning 3:00 p.m. EST, and www.copyright.gov will be unavailable...Posted: June 1, 2011
Copyright Law Review Articles
- SSRN Copyright Search - Monopolistic Gatekeepers? Vicarious Liability for Copyright Infringement, by Ke Steven Wan
City University of Hong Kong (CityUHK) - School of Law (February 18, 2011) - SSRN Copyright Search - Guilty by Association: A Case Comment on Robinson v. Films Cinar, by Pierre-Emmanuel Moyse
McGill University - Faculty of Law (February 17, 2011) - SSRN Copyright Search - Access to Network Services and Protection of Constitutional Rights: Recognizing the Essential Role of Internet Access for the Freedom of Expression, by Nicola Lucchi
Universit� di Ferrara - Facolt� di Giurisprudenza (February 17, 2011) - SSRN Copyright Search - Coming to Terms with Copyright, by David Lametti
McGill University - Faculty of Law (February 8, 2011) - SSRN Copyright Search - The Secret Meaning of Intent, by Ross E. Davies
George Mason University School of Law (February 7, 2011)
Copyright News
- Musical copyright woes - Stabroek NewsMusical copyright woes
Stabroek News
I don't think the government should listen to them because I am being robbed worldwide of millions of dollars, I am a singer and songwriter; I am associated with two copyright organizations – the US Copyright Office and the Copyright Organisation of ...Posted: September 26, 2012 - Economics Journal: Copyright and the Case of Student Materials - Wall Street Journal (blog)
Wall Street Journal (blog)Economics Journal: Copyright and the Case of Student Materials
Wall Street Journal (blog)
Sir Isaac Newton, the great English physicist and mathematician, once famously said that what he accomplished was thanks to standing on the “shoulders of giants.” Newton had in mind the scholars and writers who had gone before him, who allowed him to ...Posted: September 25, 2012 - Warner Bros. Suing Amazon Sellers for Copyright Infringement - EcommerceBytes
EcommerceBytesWarner Bros. Suing Amazon Sellers for Copyright Infringement
EcommerceBytes
Warner Bros. has refreshed its legal campaign against Amazon sellers it's accusing of selling unauthorized copies of its films and television shows in violation of the company's intellectual property rights. In a wave of lawsuits filed earlier this ...Posted: September 25, 2012 - Copyrights and creativity - Boston.comCopyrights and creativity
Boston.com
Tom Fleming received the kind of e-mails that most artists dream of: They were from people who purchased his work and wanted more. But there was a problem — Fleming's fans had bought the pieces at California HomeGoods stores and he had no idea the ...and more » Posted: September 25, 2012 - Do Copyright Exceptions Help or Hurt? - Money Talks News (blog)Do Copyright Exceptions Help or Hurt?
Money Talks News (blog)
The study suggests easing copyright protections “could potentially add an extra $600 million to their economy,” and that current copyright exceptions are what allow companies that account for 14 percent of Australia's gross domestic product to exist.Posted: September 25, 2012
Copyright Blog Posts
- 3 Count: Time Warp
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Appeals Court Raises Damages Award in Music Piracy Case First off today, Reuters is reporting that the music industry scored a major win against Jammie Thomas-Rasset...by Jonathan BaileyPosted: September 12, 2012 - More Finger-Pointing in the E-Book Price Wars
Observant e-book buyers have mailed to let me know that some of the effects of the e-book price-fixing settlement are starting to be seen. When you buy e-books now in some online stores (notably Amazon) you can see text stating that the book's...Posted: September 12, 2012 - 3D Print Wars: Episode 1
Science-fiction minus fiction equals a 3D printer on your desk top. Your youngest kid barrels into your home office crying that his favorite plastic toy broke, so simply print him a new one. Of course, 3D printing is not limited to our favorite...by Elizabeth LauderbackPosted: September 12, 2012 - Facebook privacy statement hoax
I have been seeing different versions of the following legal-looking privacy statement on Facebook popping up through my timeline: "Facebook is now a publicly traded entity. Unless you state otherwise, anyone can infringe on your right to...by AndresPosted: September 12, 2012 - Nabob Of Non-Cents: The Royal Canadian Mint Comes Back, Like A Bad Penny, To The Forefront Of Foolishness
I am seriously trying to practice reasonable restraint on this blog, often in the face of some outlandish situations. But, this is not an occasion where this comes easily. According to the Toronto Star in a story dated September 11, 2012: Struggling...by Howard KnopfPosted: September 12, 2012
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