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The Supreme Court issued its decision today in Kirtsaeng vs. Wiley which reverses the Second Circuit and which will significantly change the publishing and legal landscape. The Second Circuit had ruled that the term “lawfully made” limited first sale “specifically and exclusively” to works that are made in territories in which the U.S. Copyright Act is law, and “not to foreign-manufactured works." The Supreme Court noted that that library associations, used-book dealers, technology companies,consumer-goods retailers, and museums pointed to various ways in which a geographical interpretation would fail to further basic constitutional copyright objectives, in particular “promot[ing] theProgress of Science and useful Arts,” Art. I, §8, cl. 8.
A split among federal Circuits now exists regarding a trademark licensee's rights to use a mark when the license is rejected in bankruptcy.
Timely copyright registration of a work provides the copyright holder with a number of legal advantages. The copyright itself is not created by the registation — indeed, the copyright exists as soon as you write an article or snap a photograph — but registration provides a number of benefits.
A denial of access to records under New York’s FOIL can be challenged in court — and the individual seeking records may be awarded attorney’s fees from the government if they prevail.
A federal court in Nevada has tossed out one of Righthaven’s many copyright infringement lawsuits ruling that the company lacked standing to even bring the suit. The court stated that the company was not a legal or beneficial owner of the relevant rights despite an agreement between parties which purported to make Righthaven a legal owner.
Righthaven has made a controversial business of pursuing copyright claims, but questions are arising about whether they have the rights to do so. Read the article on CBS Money Watch
The federal Transportation Security Administration withdrew a subpoena intended to force a journalist to reveal his confidential source for an internal security directive, two days after an agent showed up at the journalist’s home demanding the information.
The effective date of a U.S. copyright registration is the date the U.S. Copyright Office receives all the required elements in acceptable form regardless of how long it then takes to process the application and mail the certificate of registration.
The Authors Guild anounced today the settlement of Authors Guild v. Google.
Copyrights can now be registered electronically with the U.S. Copyright Office using the Office’s “eCO” system. ECo has a lower filing fee ($35 for a basic claim verus $45) and permits claims tracking. ECO allows registrants to upload deposits in an array of text, video, image and audio file types. The Copright Office also promises faster processing of eCO.