- ALI Copyright Restatement Project
- Chairman Goodlatte Announces Retirement
- Copyright and NAFTA Renegotiations
- Copyright Small Claims
- DMCA Hearings and Legislative Reform
- Economic and Professional Initiatives to Assist Creators During the Coronavirus
- Educational Content Addressing Race and Racism
- Fair Use Week
- H.R. 1695
- Internet Archive Continues to Harm Authors
- Karyn Temple, 13th Register of Copyrights
- KinderGuides Case
- Music Licensing Reform
- Open Letters to President Donald Trump
- Reform of the U.S. Copyright Office News
- Register of Copyrights Legislation
- Register of Copyrights News
- Resources from Creative Community to Ease Coronavirus Impact
- S 1010
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- World IP Day 2020
On September 7, Judge Rakoff of the United States District Court for the Southern District of New York released his opinion in the KinderGuides case, filed by Penguin Random House and others. The defendants, Fredrik Coltin and Melissa Medina, published unauthorized children’s versions of well-known literary works, including Breakfast at Tiffany’s and On the Road. The so-called KinderGuides were abridged, illustrated and contained a few pages of analysis and questions for the young readers. While the defendants argued that the works did not copy any protectable elements – only “fictional facts” – and that the use was protected by fair use, the court held that the children’s books were derivative works and the fact that the copyright holders had refused to produce such derivative works before did not mean others could do so under the fair use doctrine. Consequently, the court granted the plaintiffs’ motion for summary judgment on all nine counts.
Following Judge Rakoff’s opinion in the case, several organizations released statements:
KinderGuides & Copyright: A Tale of Wishful Thinking | September 14, 2017
Transformative or Derivative? KinderGuides Case Draws a Clear Line | September 14, 2017
US Copyright Ruling Opinion: The Moppet Books’ KinderGuides Case | September 13, 2017
Copyright Alliance CEO Issues Statement on KinderGuides Case Opinion | September 13, 2017
AAP Welcomes Judge Rakoff’s Opinion in “KinderGuides Case” | September 12, 2017
Simon & Schuster and Penguin Random House Statement on KinderGuides Opinion | September 12, 2017
KinderGuides Case Opinion and Order