I was reminded once again of Mark Twain’s comment — “Only one thing is impossible for God: to find any sense in any copyright law on the planet” — as I listened to Professor David Nimmer deliver the annual Frey Lecture in Intellectual Property at the Duke Law School this week.  As the [...]

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Next week Fair Use Week will be observed on a number of university campus.  I want to use this short post to bring some resources to my readers’ attention, make a comment on why we should all celebrate fair use week, and provide a foretaste of my contribution to the festivities, which will appear in [...]

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UPDATE –  Since I wrote this post, Professor Niva Elkin-Koren of Haifa University has kindly informed me that an English translation of the settlement agreement discussed below is now available on the Israeli A2K in Higher Education website. The direct link to the translated settlement is here.

Ever since the Georgia State copyright [...]

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The best word to describe yesterday’s oral argument at the Eleventh Circuit Court of Appeals in regard to the appeal of the Georgia State University e-reserves decision is probably bizarre.  But that has to be qualified; they were bizarre in a very discouraging direction for GSU and fair use in the academy.

When I read [...]

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I first saw the news about Thursday’s decision affirming fair use in the Authors Guild v. Google Books case when I turned my phone back on after an eleven hour flight from Istanbul.  The Turkish Air plane was still taxiing at JFK at the time, so when I cheered out loud I got a [...]

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What’s up?

On October 29, 2013 By

Is it just greed?  Is that what is behind the lawsuit over e-reserves and copyright infringement that publishers continue to pursue against Georgia State University?

Yesterday Publishers Weekly published a short item reporting that the Copyright Clearance Center, which is helping to bankroll the GSU lawsuit, paid out a record amount of royalty monies [...]

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Public art and fair use

On September 9, 2013 By

A couple of week’s ago I was asked a question that set me thinking and required a bit of research.  That is hardly post-worthy, but when a case came down that addressed the same issue I had been thinking about, it suddenly seemed worth discussing.  It provides an opportunity to dissect an issue, remind ourselves [...]

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I don’t mean this to sound vindictive or smug, but the publisher John Wiley keeps filing, and losing, lawsuits intended to enforce ever-stronger copyright claims, that, in the outcome, can only be encouraging to those of us who seek a more balanced law that both protects copyright holders and supports reuse rights.

Wiley was the [...]

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The two lawsuits currently going on that involve the scanning of books for the Google Books project, one against Google directly and the other against the HathiTrust, raise very similar issues.  In both cases, the two major issues are fair use and the posture of the plaintiffs who are bringing the cases in the first [...]

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It is very common to hear people say, in a discussion of copyright, that fair use is “an affirmative defense.”  One of the amicus briefs filed in the Authors Guild’s appeal of the favorable fair use decision in their lawsuit against the HathiTrust, however, puts that common assertion into question and raises an argument worth [...]

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