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Supreme Court: Registration requirement of 411(a) not jurisdictional for copyright claims

Today the Supreme Court decided Reed Elsevier, Inc. v. Muchnick, a case regarding whether the registration requirement of 17 U.S.C. § 411(a) is jurisdictional or a claim processing rule. The Court held the requirement to be nonjurisdictional. The case involves a class action for copyright infringement by freelance journalists based on republication of works in […]

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UNIX Copyrights Owned by SCO, not Novell

In the late 1960's, AT&T developed a computer operating system known as UNIX. This operating system is now widely used in both servers and workstations, and is generally characterized by a less polished (and in many ways more powerful) user interface than typical consumer products (such as Microsoft's Windows or Apple's Mac OS). The product […]

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Fourth Circuit: Plagiarism detection service is fair use of students’ copyrighted papers

In a recent decision by the Court of Appeals for the Fourth Circuit, the court decided that the anti-plagiarism service provided by iParadigms at turnitin.com, did not constitute copyright infringement of high school students' papers submitted via the service. Instead, the court held the service was a fair use of the copyrighted works and therefore […]

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Seventh Circuit: Notice requirement to Copyright Office when registration refused not jurisdictional

In a recent decision, the Seventh Circuit affirmed a district court's grant of summary judgment that a plaintiff could not prevail in her copyright claim. The court first addressed whether the plaintiff complied with the necessary procedural requirements to have her claim heard. The plaintiff had filed for a copyright registration and had been rejected […]

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Digital Britain: The UK Government’s vision for a 21st century digital economy

Last month, the UK Department for Culture, Media, and Sport released Digital Britain, a report regarding the future of communications infrastructure in the UK, how to deal with challenges of a digital economy (such as copyright infringement), and containing policy recommendations regarding how to move forward. Click below for our thoughts on the report and […]

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Pirate Bay operators guilty of criminal infringement in Sweden; no webcast of US file sharing case

In the past day, there has been two interesting bits of news in the world of cases alleging copyright infringement by way of peer-to-peer file sharing. The first is that the individuals who operate and maintain the servers that host The Pirate Bay, the world's largest bittorrent tracker, were held to have committed criminal copyright […]

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Tenth Circuit: Insufficient proof of access dooms copyright infringement claim

In a recent decision, the Tenth Circuit affirmed a district court's finding of no copyright infringement after a bench trial and the findings for the defendants on related claims. The district court held there was insufficient evidence of copying, specifically that there was no evidence the defendants had access to the copyrighted work. The copyright […]

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United States did not waive immunity for copyright infringement claim brought by prisoner

In a recent decision, the Federal Circuit held the Court of Federal Claims correctly dismissed a copyright infringement suit against the United States for lack of subject matter jurisdiction. The plaintiff is a federal prisoner who created various coyprightable works while in federal prison. He brought suit alleging copyright infringement after his works were distributed […]

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Eleventh Circuit: Similarity of architectural plans depends largely on arrangement of features

In a recent decision, the Eleventh Circuit affirmed a district court's grant of summary judgment of non-infringement in an architectural copyright case. The appellant had argued that the district court had effectively heightened the standard for infringement by performing an element-by-element comparison focusing on the differences between two floor plans. The Eleventh Circuit held the […]

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Ninth Circuit: Pre-1923 published foreign works may still be copyrighted, depending on notice

In a decision last week, the Ninth Circuit affirmed a district court's grant of summary judgment in favor of the plaintiff in a copyright case. The works at issue, sculptures by the famed artist Renior and coauthored by one of his assistants, Richard Guino, were created between 1913 and 1917, and first published in France […]

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