Stanford Copyright and Fair Use Center

Home

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 […]

More Featured

What's New

Copyright Case Opinion Summaries

Source: Justia Daily Opinion Summaries (feed)

CDK Global LLC v. Brnovich

Published on: October 25, 2021

A 2019 Arizona statute prohibits auto dealer management system (DMS) providers from “tak[ing] any action by contract, technical means or otherwise to prohibit or limit a dealer’s ability to protect, store, copy, share or use” data the dealer…

Horror Inc. v. Miller

Published on: September 30, 2021

The Second Circuit held that, for Copyright Act purposes, the screenwriter Victor Miller was an independent contractor of the film production company Manny, Inc., in 1979, when Miller wrote the screenplay for the landmark horror film Friday …

Perea v. Editorial Cultural, Inc.

Published on: September 13, 2021

In these cross-appeals, the First Circuit vacated the district court’s opinion and order entered on September 30, 2017 and part of the amended judgment entered on September 19, 2019 and directed the entry of an amended judgment in favor of a…

Bell v. Wilmott Storage Services, LLC

Published on: September 9, 2021

The Ninth Circuit wrote to clarify the role that de minimis copying plays in statutory copyright. The de minimis concept is properly used to analyze whether so little of a copyrighted work has been copied that the allegedly infringing work i…

Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

Published on: August 23, 2021

When an AM/FM radio station plays a song over the air, it does not pay public performance royalties to the owner of the original sound recording. Digital and satellite radio providers like Sirius, however, must pay public performance royalti…

Copyright Case Dockets

Source: Justia Dockets and Filings (feed)

Trinkhaus v. AIX Tin Tin, LLC

February 11, 2022

Filed: February 11, 2022 as 1:2022cv00578

Plaintiff: Nico Trinkhaus

Defendant: AIX Tin Tin, LLC doing business as Nick's Westside

Cause Of Action: 28 U.S.C. § 1338

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

Type: Intellectual Property › Copyright

Opinaldo v. Gizzelle James Couturiere Inc.

February 11, 2022

Filed: February 11, 2022 as 1:2022cv00582

Plaintiff: Edward Opinaldo

Defendant: Gizzelle James Couturiere Inc.

Cause Of Action: 28 U.S.C. § 1338

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

Type: Intellectual Property › Copyright

Vidyashev v. SledgePad Innovations, LLC

February 11, 2022

Filed: February 11, 2022 as 1:2022cv00579

Plaintiff: Igor Vidyashev

Defendant: SledgePad Innovations, LLC

Cause Of Action: 28 U.S.C. § 1338

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

Type: Intellectual Property › Copyright

Comet et al v. Valusoft Finance LLC et al

February 11, 2022

Filed: February 11, 2022 as 2:2022cv00971

Plaintiff: Prepared Food Photos, Inc., Renee Comet and Adlife Marketing & Communications Co., Inc.

Defendant: Valusoft Finance LLC Valusoft Finance, LLC dba Mastercook doing business as Mastercook and Cosmi Finance LLC

Cause Of Action: 17 U.S.C. § 501

Court: Ninth Circuit › California › US District Court for the Central District of California

Type: Intellectual Property › Copyright

Schwartz v. KEF Media Associates, Inc.

February 11, 2022

Filed: February 11, 2022 as 1:2022cv00577

Plaintiff: Andrew Schwartz

Defendant: KEF Media Associates, Inc.

Cause Of Action: 28 U.S.C. § 1338

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

October 14, 2021

Bill Recently Introduced

S. 2972 - A bill to repeal section 230 of the Communications Act of 1934, introduced 10/8/2021.

To repeal section 230 of the Communications Act of 1934.

Copyright Legislative Developments

August 4, 2021

Bill Recently Introduced

H.R.4130 - American Music Fairness Act

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

May 14, 2021

Bill Recently Introduced

H.R.1856 - Modern Television Act of 2021

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regulations, to allow for interim carriage of television broadcast signals, and for other purposes.

Copyright Legislative Developments

March 1, 2021

Bills Recently Introduced

S. 169. ARTS Act. Introduced Feb. 2, 2021

H.R. 704. ARTS Act. Introduced Feb. 2, 2021

These bills direct the Copyright Office to waive various copyright registration-related fees for works that win certain competitions sponsored by the Congressional Institute or established by Congress.

Copyright Legislative Developments

January 4, 2021

Recent Legislation

H.R. 133, Consolidated Appropriations Act, 2021 enacted Dec. 27, 2020:

New provision in 18 U.S.C. § 2319C on illicit digital transmission services, see bill excerpt.
CASE Act, see bill excerpt.

S. 5020, A bill to repeal section 230 of the Communications Act of 1934, introduced 12/15/2020.

See here for more information.

Copyright Office News

Source: Copyright.gov (feed)

Copyright Office Launches Digitized Copyright Historical Record Books Collection

February 7, 2022

Copyright Office Launches Digitized Copyright Historical Record Books Collection NewsNet 947February 7, 2022 The Copyright Office today launched the first release of the digitized Copyright Historical Record Books Collection. “The Copyright Office holds the world’s most comprehensive collection of r

Copyright Office Proposes Rule to Update Remitter Payment Options and Deposit Account Requirements

February 4, 2022

Copyright Office Proposes Rule to Update Remitter Payment Options and Deposit Account Requirements NewsNet 946February 4, 2022 The U.S. Copyright Office has issued a proposed rule amending its regulations governing remitter payments for Office services and requirements for maintaining a deposit acco

Copyright Office Extends Time for Section 710 Declarants to Submit Deposits

February 3, 2022

Copyright Office Extends Time for Section 710 Declarants to Submit Deposits NewsNet 945February 3, 2022 The Register of Copyrights today issued a declaration extending the time period for applicants who filed electronic applications with declarations pursuant to section 710 of the Copyright Act to

Copyright Office Announces 2022–2026 Strategic Plan: Fostering Creativity and Enriching Culture

January 20, 2022

Copyright Office Announces 2022–2026 Strategic Plan: Fostering Creativity and Enriching Culture NewsNet 944January 20, 2022 Today, January 20, 2022, the U.S. Copyright Office released its 2022–2026 Strategic Plan, Fostering Creativity and Enriching Culture, which sets out its goals for the next fi

Suzanne Wilson Named General Counsel of U.S. Copyright Office

January 5, 2022

Suzanne Wilson Named General Counsel of U.S. Copyright Office NewsNet 943January 5, 2022 Register of Copyrights Shira Perlmutter has announced the appointment of Suzanne “Suzy” Wilson as General Counsel and Associate Register of Copyrights of the United States Copyright Office, effective January 31,

Copyright Regulations

Source: Justia Regulation Tracker (feed)

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

January 5, 2022

The Copyright Royalty Judges (Judges) announce commencement of a proceeding to determine reasonable royalty rates and terms for the recording of ephemeral copies of sound recordings to facilitate digital audio transmissions of those sound recordings to business establishments pursuant to the limitat

Rule - Adjustment of Cable Statutory License Royalty Rates

December 23, 2021

The Copyright Royalty Judges published for comment a proposed settlement governing royalty rates and terms for the retransmission of over-the-air television and radio broadcast stations by cable television systems to their subscribers. Having received no comments, the Judges adopt the existing rates

Notice - Notice of Intent To Audit

December 22, 2021

The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2018, 2019, and 2020 statements of account submitted by commercial webcasters Audacy and Midwest Communications concerning the royalty payments they made pursuant to two statutory licenses.

Rule - Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License

December 1, 2021

The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of s

Rule - Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates

November 26, 2021

The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 6.2% in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2020 to October 2021.

Copyright Blogs

Source: Justia BlawgSearch (feed)

A Short Novel About a Girl and Her Copyright Problem

February 15, 2022

I, Matthew David Brozik, your dedicated lieutenant blawger, have written a novel. Actually, I’ve written three. And, also, this one—Taking Ivy Seriously—is really a novella, as it weighs in at... The post A Short Novel About a Girl and Her Copyright Problem appeared first on LIKELIHOOD OF CONFUSION™

Monday Miscellany

February 14, 2022

Although spring is one month and a couple of days away from us, IP events and opportunities are already blooming and you can find a bundle of the best here.A Kat trying to negotiate an early spring with Mother NatureConferences and eventsEPO Tech Day 2022 - 16 February 2022On 16 February 2022, from

Cent NFT Marketplace Halts Sales, Cites Plagiarism

February 14, 2022

Last week, we discussed the coming intellectual property storm for NFTs. In short, we looked at how the various copyright and trademark issues of NFTs have begun to attract the attention of creators and rightsholders, large and small, setting the stage for a wave of litigation. However, over the las

3 Count: Bowser’s Finale

February 14, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Xecutor Video Game Piracy Group Member Gets 3-Year Sentence First off today, The Associated Press reports that Gary Bowser, a man who pleaded guilty to his role in the Team Xecutor piracy group, has been sentenced to

[Guest post] Conference Report: Fourth IP & Innovation Researchers of Asia Conference

February 14, 2022

It is that time of the year once again - Katfriend Irene Calboli provides IPKat readers with a summary of the Fourth IP & Innovation Researchers of Asia (IPIRA) Conference. The previous three IPIRA conference reports can be viewed here, here and here. Below is what Irene writes:Conference Report

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 […]