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Category Archives: Copyright

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

U.S. Copyright Office launches updated website

“Today, the U.S. Copyright Office launched its updated website, www.copyright.gov. The website has been redesigned to be more organized, more responsive, and easier to digest. It now features a new header with global navigation and search, and expanded width in all sections to maximize screen usage. Several individual pages have been consolidated for improved navigation.… Continue Reading

Publishers Still Fighting to Bury Universities, Libraries in Fees for Making Fair Use of Academic Excerpts

EFF – “On behalf of three national library associations, EFF today urged a federal appeals court for the second time to protect librarians’ and students’ rights to make fair use of excerpts from academic books and research. Nearly a decade ago, three of the largest academic publishers in the world— backed by the Association of… Continue Reading

Jury Decides Oculus Owes $500M in Copyright Case

FindLaw – “The reality may be virtual, but the jury’s verdict is very real. Oculus VR, makers of the Rift virtual reality headset, along with founders Palmer Luckey and Brendan Iribe, were found to have violated a nondisclosure agreement as well as copyright infringement and false designation in a legal rift with ZeniMax Media. And… Continue Reading

Free for All: NYPL Enhances Public Domain Collections For Sharing and Reuse

New York Public Library – “Today we are proud to announce that out-of-copyright materials in NYPL Digital Collections are now available as high-resolution downloads. No permission required, no hoops to jump through: just go forth and reuse!  The release of more than 180,000 digitized items represents both a simplification and an enhancement of digital access to a… Continue Reading