Books

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Update: District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

Imputations- jury decides whether ‘the antidote has overcome the bane.’

The New South Wales Court of Appeal recently handed down judgment in the matter of Corby v Allen & Unwin Pty Ltd. In this case Rosleigh Jill Rose, Michael Corby Junior and Mercedes Pearl Esma Corby (‘the Appellants’)...more

Curtis v. Illumination Arts, Inc.

Curtis v. Illumination Arts, Inc. - USDC, W.D. Wa., July 17, 2014 - District court grants default judgment in copyright action and awards $50,000 in statutory damages against defendant publishers per book...more

Conan Doyle Estate’s Quixotic Attempt to Protect Sherlock Holmes

Led by Judge Richard Posner, the Seventh Circuit Court of Appeals recently refused what Posner called a “quixotic” attempt to extend copyright law. While the holding was perhaps to be expected, the opinion introduced a...more

The Scope of Copyright Protection over Sherlock Holmes Characters Is Far from “Elementary”

The copyright clause of the U.S. Constitution incentivizes the creation of original works of art by granting authors exclusive rights in such works for “limited Times.” U.S. Const. art. I, § 8, cl. 8. The idea is to strike a...more

Opening the Library Doors to the World: Second Circuit Finds Universities’ Book Scanning Project Constitutes “Fair Use” of...

On June 10, 2014, the United States Court of Appeals for the Second Circuit issued its decision in Authors Guild, Inc. v. HathiTrust, No. 12-4547, 2014 U.S. App. Lexis 10803 (2d Cir. Jun. 10, 2014), a case in which a group of...more

Authors Guild, Inc. v. HathiTrust

Authors Guild, Inc. v. HathiTrust - USCA, Second Circuit, June 10, 2014: Second Circuit rules that doctrine of “fair use” allows consortium of university libraries to create full-text searchable database of copyrighted...more

Second Circuit Confirms HathiTrust Digital Library's Full-Text Search Constitutes Fair Use in Copyright Case

Last week, the Second Circuit issued its decision in the closely watched Authors Guild, Inc. et al. v. HathiTrust et al. copyright infringement case. At issue was whether the use of copyrighted material in the HathiTrust...more

Klinger v. Conan Doyle Estate, Ltd.

Klinger v. Conan Doyle Estate, Ltd. - USCA, Seventh Circuit, June 16, 2014: Seventh Circuit rules that editor of anthology of stories featuring Arthur Conan Doyle’s Sherlock Holmes and Dr. Watson characters did not...more

Second Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

On June 10, 2014, the Second Circuit issued its decision in Authors Guild v. HathiTrust, a copyright case involving mass digitization of university library collections. The case centered on whether three actions would be...more

Second Circuit Hints At Possible Google Books Outcome In Finding HathiTrust Digital Library Project Protected As Fair Use

Earlier this week, the Second Circuit issued its ruling in the HathiTrust case, a potential precursor to the long-awaited resolution of the more prominent, and related, Google Books case. The decision upholds the district...more

The Saga Ends

In the last few lines of To Kill A Mockingbird, Scout tells Atticus that “he was real nice.” Atticus responds, “most people are, Scout, when you finally see them.” I wonder if Harper Lee can now say that about the people...more

Second Circuit Finds Fair Use Doctrine Protects Digital Book Scanning from Copyright Infringement

On June 10, 2014, the U.S. Court of Appeals for the Second Circuit issued a notable opinion on the contours of the copyright law's fair use doctrine in the digital era. (Authors Guild, Inc. v. HathiTrust, No. 12-4547-cv, 2014...more

Second Circuit Finds That, Once Again, Book Scanning Is Fair Use

The Second Circuit Court of Appeals has delivered a resounding reaffirmation of fair use principles in the latest decision to go against the Authors Guild in its longstanding battle against book digitization. The unanimous...more

UK: Amendments to Public Lending Right Scheme

On 5 June 2014 the UK Parliament passed the Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (“Order“), implementing its obligations under the Rental and Lending Directive. Under the Public...more

JDB 059: The Power of Starting Something Stupid with Author Richie Norton

Things have been a bit hectic this week – couple of trials and my legal assistant out on vacation (I know, good planing on my part!). And because of that I thought I would bring back one of my favorite interviews from 2013 –...more

Letting Go of Old Ideas

Two recently published books make the claim that the legal profession has changed (Steven Harper’s The Lawyer Bubble: A Profession in Crisis) or is changing (Richard Susskind’s Tomorrow’s Lawyers: An Introduction to Your...more

The Roundup: This Week’s Recommended Reading (March 21, 2014)

Welcome to The Roundup for the week ending March 21. We have lots of thought-provoking pieces to share moonthis week. From Around the Web - When You Leave Big Law – What to Take and What to Leave Behind: Before...more

Book Review: Louis Kaplow’s Competition Policy and Price Fixing

Undoubtedly you’ve seen television commercials by a well-known insurance company where one character turns to another and says: “you can save 15% or more in 15 minutes.” The other character then replies: “everyone knows that,...more

Is Punishment Dead in America? [Video]

Feb. 25, 2014 -- New York Law School Professor Robert Blecker discusses his new book entitled "The Death of Punishment: Searching for Justice among the Worst of the Worst." Harvard Law School's Laurence Tribe called the book...more

Battle Between Harper Lee and her Hometown Museum over Use of “To Kill A Mockingbird”

There has been a lot of legal activity in connection with Ms. Lee, her book title and trademark applications filed for “TO KILL A MOCKINGBIRD.” For instance, Ms. Lee filed a trademark application for use of “TO KILL A...more

Extreme Weather Patterns In Fiction: A Riverine Book Review

One of the guidelines for this blog is to stay away from extreme views. The effects of climate change do not need to be amplified to merit reasoned discussion and thoughtful application of what we as lawyers do. So what were...more

New book chronicles creation of CFPB

Since today is the “day after” Richard Cordray’s confirmation as CFPB Director, it is perhaps fitting for me to be writing about a book that provides some history of the CFPB....more

How To Retire Happy, According to One Author

Another feature of the Baby Boom Generation moving into retirement is the plethora of books written on the subject. Retirement for Dummies is part of the Dummies series of books on how to do everything. Of course, it’s very...more

Copyright Law Reform Engages Both Courts and Congress

Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more

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