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Copyright Copyright Infringement Publishers

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Irwin IP LLP

Publishers Take a Hatchet to Free Digital Libraries

Irwin IP LLP on

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”?

Weintraub Tobin on

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

Hogan Lovells

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

Hogan Lovells on

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

Hogan Lovells on

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

Latham & Watkins LLP on

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

Dorsey & Whitney LLP on

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

Fenwick & West LLP

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

Fenwick & West LLP on

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

Hogan Lovells on

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

Hogan Lovells on

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

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Fenwick & West LLP on

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

Hogan Lovells

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

Hogan Lovells on

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

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Joins Split Court Decisions on Registration Precondition for Copyright Suits

Section 411(a) of the Copyright Act generally requires copyright registration, or a refusal of registration, before a copyright action may be filed. This has led to a variety of decisions from the Circuit and District Courts...more

Akerman LLP - Marks, Works & Secrets

The Importance of Being Earnest and Objectively Reasonable

Kirtsaeng v. John Wiley & Sons, Inc. continues to make controlling copyright law, visiting the U.S. Supreme Court for the second time on an issue of great importance to copyright owners and litigants. This time, the issued...more

Foley Hoag LLP - Trademark, Copyright &...

Shakespeare and Copyright: 5 Things You Should Know

Last year, I made a terrible mistake. When I published Harry Potter Lawsuits and Where to Find Them on this blog, I pronounced that “Ms. Rowling and her works pop up in court more than any author since Charles Dickens.” I...more

Womble Bond Dickinson

Georgia Becomes the First State to Mount a Direct Challenge Against Unauthorized Publishing of Annotated Code

Womble Bond Dickinson on

In what has already become news in the copyright community nationwide, the State of Georgia has launched a legal campaign against Public.Resource.org, Inc., a California non-profit corporation that dedicates itself to...more

Proskauer - New Media & Technology

Who Exactly Is a ‘User’ under the DMCA Safe Harbor?

The DMCA was enacted in 1998 to preserve “strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in a digital networked environment.” As part...more

Weintraub Tobin

Cambridge v. Becker – A Copyright Win For Publishers or an Enlargement of Fair Use?

Weintraub Tobin on

Recently the 11th Circuit addressed on appeal the question of whether fair use insulates from copyright liability a University which offers to its students a digital repository of reading material culled from third party...more

McDermott Will & Emery

No Fair Use for Digital Excerpts

McDermott Will & Emery on

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

Proskauer - New Media & Technology

Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate...more

Foley Hoag LLP - Trademark, Copyright &...

Copyright Antitrust Claims Against Textbook Publishers Dismissed in Longstanding Gray Market Copyright Case

It is no secret that college textbooks are expensive, and the average student has little recourse when a professor assigns specific books and editions. Stuck between a rock and a hard place, over the years students have...more

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