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 [...]

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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 [...]

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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. [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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In this final installment of the copyright roundup I have been doing this week, I want to note some remarkable developments in the copyright law of the United Kingdom, where a hugely significant revision of the statute received final approval this month and will be given royal assent, the last stage of becoming law, in [...]

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Recently the Copyright Office has held a series of roundtable discussions and comment periods on the subject of orphan works.  As seasoned readers will know, this has become a kind of movable feast, happening at regular but unpredictable intervals.  My suspicion is that the CO is under a lot of pressure from big rights [...]

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