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Publishers Copyright

Venable LLP

Second Circuit Holds That the Internet Archive's Controlled Digital Book Lending Is Not a Fair Use Under Copyright Law, a Major...

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The Second Circuit Court of Appeals delivered a resounding victory to the publishing industry on Wednesday, September 4, 2024, in Hachette Books v. Internet Archive, holding that the Internet Archive's "controlled digital...more

Arnall Golden Gregory LLP

Misinformation Regarding Mechanicals and the MLC: What’s the Deal With Downloads?

The Mechanical Licensing Collective (“MLC”) was created to make paying songwriters and publishers easier. Just as performance rights organizations issue blanket licenses to music users (radio stations, television, venues,...more

Irwin IP LLP

Publishers Take a Hatchet to Free Digital Libraries

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On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’...more

Weintraub Tobin

Is Trump’s Copyright Claim Against Woodward “Trumped Up”?

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Veteran investigative reporter Bob Woodward conducted an audio interview of former President Donald Trump for Woodward’s book, Rage. Woodward later released these recordings as a separate audiobook. Trump claims that Woodward...more

Proskauer - Minding Your Business

Copyright Office Recommends No New Copyright Protections for News Publishers in the United States

Bucking a legal trend in Europe, the United States Copyright Office recently recommended against adopting additional copyright-like protections for news publishers that would require online news aggregators to pay publishers...more

Dorsey & Whitney LLP

A Cautionary Tale of One Independent Press’s Claim of Federal Copyright Protection

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Earlier this summer, U.S. District Judge Amy Berman Jackson refused to buy plaintiff, Valancourt Books, LLC’s, claims that the Copyright Office of the United States unconstitutionally demanded books for free, when Judge...more

Hogan Lovells

The end of an odyssey: The German Act to adapt copyright law to the requirements of the Digital Single Market

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The German Act to adapt copyright law to the requirements of the Digital Single Market will enter into force on 7 June 2021 – as the first national transposition of the Digital Single Market Directive ...more

Hogan Lovells

Lindgren heirs win in dispute over Pippi Longstocking lyrics

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In a recent ruling by the Regional Court Hamburg (Case No. 308 O 431/17), the court awarded the heirs of children's book author Astrid Lindgren a right to information ...more

Manatt, Phelps & Phillips, LLP

Judge Reverses Prior Dismissal of Copyright Suit on Use of Embedded Instagram Photo

In a major blow to web publishers, Judge Kimba Wood of the Southern District of New York reversed her own ruling from just two months ago and revived a photographer’s copyright suit against Mashable, Inc. (Mashable), over...more

Latham & Watkins LLP

Copyright, Competition, and Controversy: Press Publishers’ Right under the Copyright Directive

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French Competition Authority orders Google to negotiate remuneration with press publishers and news agencies under Article 15 of the Copyright Directive (as implemented in France). Background - In April 2019 the...more

Dorsey & Whitney LLP

#igers Beware – Embedded Instagram Post Found Not To Infringe Copyright

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A recent decision of the Southern District of New York shields digital publishers from copyright infringement when embedding public Instagram posts in news pieces posted online. In the case, Stephanie Sinclair, a...more

White & Case LLP

The end of the e-book's secondhand market - Court of Justice of the European Union forbids resale without rights holders' consent

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White & Case Technology Newsflash - In a constantly growing number of sectors, the acquisition process is shifting more and more towards digital. This also applies to the book market. Whereas in the past, mainly physical...more

Fenwick & West LLP

The EU Copyright Directive: Potential Copyright Liability and a “Best Efforts” Standard for Platforms

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In 2019, the Council of the European Union’s Committee of Permanent Representatives approved a Directive on Copyright in the Digital Single Market to respond to developments in the modes and markets for creation, production...more

Hogan Lovells

DSM Watch: Implementing the new Copyright Directive in France

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The Copyright Directive (“the Directive”) came into force on 7 June 2019. Member States now have two years to implement it. Amongst the key provisions, Article 15 (former Article 11) creates neighbouring rights for press...more

Hogan Lovells

DSM Watch: EU Copyright Directive, the big picture

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Agreement on a compromise text for the new Copyright Directive was reached between Member State government representatives, EU Parliament representatives and the EU Commission last week. ...more

Robins Kaplan LLP

USA Implements Treaty to Increase Access for the Impaired to Copyrighted Works

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The United States has formally implemented an international treaty that expands access to books and other printed materials for individuals who are blind and visually impaired....more

Fenwick & West LLP

Online Publishers Beware: An iPhone Snap May Go Viral, but Unauthorized Commercial Use is Still Not Fair Use

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When nuptials are celebrated at Trump National Golf Club in New Jersey, the newlyweds may be in for a surprise when the owner drops by to provide a photo op for the wedding party. Such an act in 2017 yielded a snapshot of...more

Dorsey & Whitney LLP

Trump’s a Wedding Crasher and News Outlets Can’t Poach Photos Off Instagram

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A lesser-known feature of selecting a TRUMP-branded property as a wedding venue is that the President himself may decide to crash your wedding. It also may end up leading to a substantial copyright law development,...more

Fenwick & West LLP

European Parliament Endorses Upload Filters

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In September 2016, the European Commission, which is the executive cabinet for the European Union, issued a Proposal for a Directive of the European Parliament and of the Council on Copyright in the Digital Single Market. On...more

Morrison & Foerster LLP

EU Copyright Directive - Spotlight on Upload Filters and Press Publishers’ Copyright

In the lobbying battle about the new EU copyright directive between Internet giants and content producers, the creative industry gained a partial victory. On September 12, 2018, the EU Parliament, in favor of content...more

Hogan Lovells

DSM Watch – New EU Copyright Directive: Parliament votes to retain controversial aspects

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After weeks and weeks of debate and the failure to reach a parliamentary consensus in July, the European Parliament today paved the way towards the long-awaited start of the trilogue negotiations amongst the Parliament, the...more

Hogan Lovells

A second market for “used” e-books – CJEU will decide

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Ever since the European Court of Justice (CJEU) in its highly regarded UsedSoft ruling declared the resale of “used” software admissible (dated 3 July 2012, C-128/11)...more

Hogan Lovells

European Parliament votes to reject controversial Copyright Directive proposal

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In a dramatic turn of events, the European Parliament has today voted to reject the compromise position on the controversial draft DSM Copyright Directive, which was adopted by the Committee on Legal Affairs (JURI) of the...more

Hogan Lovells

DSM Watch: One step closer to a European copyright reform

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After a long and intense debate – including several postponements – the Committee of Legal Affairs of the European Parliament (JURI) finally agreed on its position on the draft DSM Copyright Directive. Of course, the plenary...more

Hogan Lovells

European Copyright Society – Intense discussion on how to move on with the copyright reform

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On 25 May 2018, the European Copyright Society (ECS) hosted a very informative and encouraging conference on the current status quo of the pending copyright reform. ...more

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