Since the ruling from the Eleventh Circuit Court of Appeals in the Georgia State copyright case came out two weeks ago, most commentators have come to the same conclusions.  It is a mostly negative ruling, in which publishers actually lost a lot of what they were fighting for.  Georgia State also lost, in the sense [...]

Continue Reading

Those of us who heard the oral arguments in the Eleventh Circuit Court of Appeals last November, in which the publishers appeal of the District Court ruling favoring fair use in their copyright infringement lawsuit against Georgia State was heard, mostly expected a discouraging result from the Appellate panel. An initial or cursory reading [...]

Continue Reading

The Eleventh Circuit Court of Appeals has issued its ruling in the publisher appeal of a district court decision that found most instances of electronic reserve copying at Georgia State to be fair use.  The appellate court ruling is 129 pages long, and I will have much more to say after I read it carefully. [...]

Continue Reading

Jury instructions are one of those things that few people, not even most lawyers, think about very often.  But if you are involved in a trial, they can be vitally important.  The ways in which juries are instructed on particular points of law can determine the outcome of a case, so litigants and the lawyers [...]

Continue Reading

There has been a spirited discussion on a list to which I subscribe about the plight of this graduate student who is trying to publish an article that critiques a previously published work.  I’ll go into details below, but I want to start by noting that during that discussion, my colleague Laura Quilter from [...]

Continue Reading

On Thursday the European Union’s Court of Justice issued an opinion that allows libraries to digitize books in their holdings and make those digital copies accessible, on site, to patrons.  In a way, this is a remarkable ruling that recognizes the unique place of libraries in the dissemination and democratization of knowledge.  Yet the [...]

Continue Reading

Now that the MOOC on Copyright for Educators and Librarians has finished its first run, it seems like a good time to post some reflections on what I learned from the experience.

The first thing I learned is that offering a MOOC takes a lot of work, and it is easier when that work is [...]

Continue Reading

Earlier this year I wrote about a lawsuit involving the Duke University Press and their dispute with the Social Science History Association over who would control the journal Social Science History. A decision from the trial court in North Carolina has now been issued in the case, so it seems like a good time [...]

Continue Reading

By now, most people know about the macaque monkeys that took pictures of themselves in the Indonesian jungle, and the controversy over who, if anyone, owns a copyright in the resulting pictures.  The events actually took place several years ago, but the popular news media has recently picked up the story because of threats by [...]

Continue Reading

NOTE — Authorship can be a tricky thing, impacted by contractual agreements and even by shifting media.  In this guest post by Jennifer Ahern-Dodson of Duke’s Thompson Writing Program we get an additional perspective on the issues, one that is unusual but might just become more common over time  It illustrates nicely, I think, the [...]

Continue Reading