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UK: Freedom of Speech - Unnamed artist to appeal publishing injunction in the Supreme Court

On 9 December a well-known British performing artist was granted permission to take his case to the Supreme Court, where he will appeal the Court of Appeal’s decision in OPO v MLA & STL, reported here in October 2014....more

No Fair Use for Digital Excerpts

Cambridge University Press et al v. Patton et al. - The U.S. Court of Appeals for the 11th Circuit vacated the district court’s decision holding that digital excerpts of books from three academic publishers provided to...more

How the Kirtsaeng Decision Could Ruin the U.S. Branded Drug Industry

The Constitution gives Congress the power to grant copyright and patent protection in the same part of Article I, specifically in Section 8, Clause 8...more

ECJ Rules on Digitization of Library Collections

Technische Universität Darmstadt v. Eugen Ulmer KG - The European Court of Justice (ECJ) ruled on the meaning of an exception contained in the European Copyright Directive (2001/29/EC), permitting the provision of...more

California Estate Planning: What to Do if You Inherit a Library

One of the most difficult tasks facing someone taking care of a loved one's estate is figuring out which items are valuable. We all know that inherited fine art can be very valuable and should be evaluated by a professional...more

“Textbook Dictionary” Definitions Not Fair Use, Says Mass. Federal Court

On September 26, 2014, the District of Massachusetts shot down a plan to develop a “textbook dictionary.” James Richards, inspired in part by the Autobiography of Malcolm X, developed a project to convert the dictionary from...more

VAT Alert: K Oy (C-219/13)

Under EU VAT law, EU Member States may, at their discretion, apply a reduced rate of VAT to books produced on "…all physical means of support". The term "all physical means of support" has generally been interpreted to...more

Entrepreneur Chris Yeh (@chrisyeh) Discusses Co-Authoring "The Alliance" on @HsuUntied [Video]

Today, my Special Guest is Chris Yeh, Co-Author (along with Reid Hoffman and Ben Casnocha) of "The Alliance," a New York Times best selling book on managing talent in the networked age from the employer's perspective. Chris...more

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

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