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Category Archives: Copyright

Copyright Office Releases Updated Draft of Compendium of U.S. Copyright Office Practices, Third Edition

“Acting Register of Copyrights Karyn Temple Claggett today released a revised draft of the Compendium of U.S. Copyright Office Practices, Third Edition. This draft includes the first proposed updates to the Compendium since its release in December 2014. The public draft is available on the Office’s website at https://copyright.gov/comp3/draft.html. It will go into effect on July 3, 2017. The Compendium is the administrative manual of the Register of Copyrights concerning the mandate and statutory duties of the Copyright Office under Title 17 of the United States Code. See 37 CFR. § 201.2(b)(7). The proposed updates are the result of a comprehensive review of the Office’s practices and procedures. The draft revisions to the registration chapters clarify how and when the Office communicates with applicants and how it handles duplicate claims, deposit requirements, and claims involving multiple works, among other improvements. The update also provides preliminary guidance for claims involving useful articles based on the Supreme Court’s recent decision in Star Athletica v. Varsity Brands. The draft revisions to the recordation chapter provide additional guidance for recording notices of termination and information on the Office’s new electronic system for the designation of agents. The draft update also addresses recent changes in the Office’s regulations, including the “mailbox rule” for requests for reconsideration, new procedures for removing personally identifiable information, and changes made by the Office’s technical amendments. For a full accounting of draft Compendium revisions, read more. Additionally, the Compendium has been reformatted to improve readability for online and offline users. When the revision is released in final form, it will include improved hyperlinks to provide direct access to legal citations and resources on the Office’s website, as well as improved cross-references between chapters. Public comments on this draft may be submitted from June 1 to June 30 using the provided form. See www.copyright.gov/comp3/draft.html for more information.”

Paper – Defense Against the Dark Arts of Copyright Trolling

Sag, Matthew and Haskell, Jake, Defense Against the Dark Arts of Copyright Trolling (March 28, 2017). Iowa Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2933200 “In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half… Continue Reading

House Votes to Give Some Powers of Librarian of Congress to Donald Trump

BOOKRIOT: “Dr. Carla Hayden, the current and 14th Librarian of Congress, is many things: a brilliant scholar, a forty year veteran of libraries, a defender of equal access, a former president of the American Library Association (ALA), and a rescuer of baby ducks. She is also the first African American and the first woman to hold… Continue Reading

Another commentary on Google Books

How Google Book Search Got Lost – Google Books was the company’s first moonshot. But 15 years later, the project is stuck in low-Earth orbit. Scott Rosenberg, April 11, 2017. “…Two things happened to Google Books on the way from moonshot vision to mundane reality. Soon after launch, it quickly fell from the idealistic ether into… Continue Reading

Court of Appeals opinion – Google is not a generic name

Elliott v. Google, United States Court of Appeals for the Ninth Circuit, No. 15-15809 D.C. No. 2:12-cv-01072-SMM – OPINION, May 16, 2017. “The panel affirmed the district court’s summary judgment in favor of Google, Inc., in an action under the Lanham Act, seeking cancellation of the GOOGLE trademark on the ground that it is generic.… Continue Reading

Defense Against the Dark Arts of Copyright Trolling

Sag, Matthew and Haskell, Jake, Defense Against the Dark Arts of Copyright Trolling (March 28, 2017). Iowa Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2933200 “In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half… Continue Reading

New on LLRX – Google Books is not Alexandria redux

Via LLRX.com – Google Books is not Alexandria redux – Chris Meadows revisits a subject, Google Books, that has been the focal point of legal action, disagreement within the publishing and library communities, and basically an issue lacking closure concerning the end product. Meadows reiterates the Second Circuit finding on Google Books and fair uses… Continue Reading

New on LLRX – Oh Lord, please don’t let Google Book Search be misunderstood

Via LLRX.com – Oh Lord, please don’t let Google Book Search be misunderstood – In what became a two part article, Chris Meadows responds to the continuing commentary and rebuttals on the Google Books decision and access to the search engine that remains available to query a huge index of full-text books and access the… Continue Reading

Paper – Notice and Takedown in Everyday Practice

Urban, Jennifer M. and Karaganis, Joe and Schofield, Brianna L., Notice and Takedown in Everyday Practice (March 22, 2017). UC Berkeley Public Law Research Paper No. 2755628. Available at SSRN: https://ssrn.com/abstract=2755628 [via Mary Whisner] “It has been nearly twenty years since section 512 of the Digital Millennium Copyright Act established the so-called notice and takedown… Continue Reading

Paper – Copyright: The immoveable barrier that open access advocates underestimated

Copyright: The immoveable barrier that open access advocates underestimated, Richard Poynder, 20 February 2017. “In calling for research papers to be made freely available open access advocates promised that doing so would lead to a simpler, less costly, more democratic, and more effective scholarly communication system. To achieve their objectives they proposed two different ways… Continue Reading

Paper – Defense Against the Dark Arts of Copyright Trolling

Sag, Matthew and Haskell, Jake, Defense Against the Dark Arts of Copyright Trolling (March 14, 2017). Available at SSRN: https://ssrn.com/abstract=2933200 “In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright cases… Continue Reading

POGO – Trump’s Trademarks Pose Ethics Challenge for the Executive Branch

POGO – “Last week, President Trump’s campaign committee filed a legal complaint against a textile manufacturer in South Carolina for applying to trademark the use of “Make America Great Again” on bath towels, bed blankets, and pillow cases. The complaint was brought before a panel called the Trademark Trial and Appeal Board (Trademark Board), a… Continue Reading