The CASE Act: One-Year Anniversary
It’s almost the one-year anniversary of the CASE Act being passed into law. On December 27, the “Copyright Alternative in Small Claims Enforcement Act of 2019” will turn one year […]
SCOTUS Hears Oral Arguments in Unicolors v. H&M Case that Could Redefine Copyright Registration Standards
On November 8, the Supreme Court heard oral arguments in Unicolors v. H&M, a case centered around when a copyright owner’s mistake on a registration application is enough to result […]
Easter Unlimited, Inc. v. Rozier: The Scary (Terry) Fair Use Decision
In a couple of days, you might see armies of children and adults alike donning their spookiest Halloween masks – like the iconic mask from the Scream horror film franchise. […]
EFF Dealt Another Blow in Attempt to Strike Down Section 1201 of the Copyright Act
The Electronic Frontier Foundation (EFF) has received another defeat in its long-running lawsuit challenging the constitutionality under the First Amendment of the anti-circumvention and anti-trafficking provisions of section 1201 of […]
Second Circuit Resoundingly Rejects Broad Application of Google v. Oracle
Leading up to the Supreme Court’s Google v. Oracle decision in April, some were hoping for a game-changing outcome that would alter the course of copyright’s fair use doctrine. But […]
Unicolors Case Presents the Supreme Court With an Opportunity to Reinforce the Foundations of the Copyright Registration System
Imagine you’re an author, photographer, or songwriter who creates a website where you begin to post short stories, photos, or songs. You have a general familiarity with copyright law, have […]
Copyright Office’s Busy Summer Includes a Full Slate of Studies and Rulemakings
A steady stream of new study requests from Congress over the last few months, combined with approaching deadlines for ongoing studies and CASE Act implementation activities, means a busy summer […]
Texas Supreme Court Ruling is Further Proof that Congress Must Abrogate Sovereign Immunity
On June 18, the Texas Supreme Court held that a violation of copyright is not an unconstitutional taking of property. The decision stems from a years-long battle by Jim Olive […]
The American Law Institute Proceeds with its Misstatement of Copyright Project
Next week, sections of the American Law Institute’s (ALI) Copyright Restatement will be offered for approval for the first time at the ALI’s annual membership meeting. If approved by the […]
Preempted Copyright Legislation on the Move in Several States
Earlier this year, New York state legislators introduced a bill (S2890, and its companion A5837-B) which would purport to create a compulsory license, requiring book publishers to offer licenses to […]