The U.S. Supreme Court declined to grant certiorari over a Second Circuit decision (Authors’ Guild v. Google Inc.) affirming that Google’s project of digitizing, and making available online for searching, tens of millions of...more
Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement Suits - Why it matters: On January 15, 2016, the U.S. Supreme Court...more
Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) - ..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO - ..Inducement requires...more
Judge Leval Illuminates Google Books Fair Use Issues - Second Circuit Affirms Summary Judgment for Defendant in Massive Copying Case - Based on the defense of fair use, the Second Circuit affirmed summary judgment...more
Addressing the boundaries of fair use in copyright law, the U.S. Court of Appeals for Second Circuit found that the making of digital copies of tens of millions of books to establish a publicly available search function was a...more
Jeffrey Koons is well-known to artists, auction houses, and copyright enthusiasts. His works of art have fetched substantial sums of money, including one that recently sold for more than $58 million—the most expensive work...more
A for-profit corporation scans millions of in-copyright books and permanently stores their full contents in its database, all without seeking permission or paying the books’ authors or publishers. Over ten years ago, when...more
Fantasy Sports Has a New Teammate: Nevada Gaming Commission - Nevada's Gaming Control Board announced that fantasy sports will be regulated like other forms of gambling, and ordered operators to halt operation in the...more
Since 2004, Google has scanned, converted to searchable text, and indexed over 20 million books for the Google Library Project. In Authors Guild, Inc. v. Google, Inc., the Second Circuit held that such use is a fair use of...more
The U.S. Copyright Office has called for public comment on potential legislative solutions to the problem of orphan works under U.S. Copyright law....more
On November 15, Judge Chin of the Southern District of New York issued a long-awaited decision in the Google Books case, Authors Guild, Inc. v. Google Inc. Google Books — the project through which Google provides access to...more
When last we looked in on the Google Books dispute, the Second Circuit had overturned class certification in the suit, brought by the Authors Guild and multiple individual authors, on the basis that the District Court first...more
In 2004, Google announced a project that, at the time, seemed audacious: a universal library, searchable online. Book lovers rejoiced. “This is our chance to one-up the Greeks!” one archivist said (echoing what the rest of...more
JD Supra's new Law Matters series asks experts for their quick take on legal developments of the day, and how such matters affect people in their personal and professionals lives. Stay tuned for others...more
Round one of the long-fought Google Books case has ended in a summary judgment victory for defendant Google. The Federal District Court for the Southern District of New York held yesterday that Google’s copying, use,...more
Yesterday the Second Circuit issued its decision undoing the District Court’s certification of a plaintiff class in the long-running lawsuit claiming that the Google Books Library Project violates copyright in millions of...more