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spicyip.com /1 month ago

(Part II) Right Without Duty: Academic Copyright, the Publisher’s Juridical Fiction, and the Case for an Ex Ante Reading...

Continuing the discussion on the Scihub litigation, in Part II of their post, Rishabh Upadhyay and Pragati Upadhyay turn to the August 2025 order as a vantage point to examine what...

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jdsupra.com /2 weeks ago

Transformative documentary use, work made for hire doctrine defeat copyright claims

Elaborating on the application of the fair use doctrine in the documentary context, the US Court of Appeals for the Tenth Circuit affirmed summary judgment after determining that s...

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spicyip.com /1 month ago

(Part I) Right Without Duty: Academic Copyright, the Publisher’s Juridical Fiction, and the Case for an Ex Ante Reading...

The Sci-Hub litigation has dragged on for years without confronting the core question it presents: what is the purpose of copyright in academic works? As the Court circles procedur...

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jdsupra.com /1 month ago

Debunking Myths Every Copyright Defendant Has Told Themselves - Be wary of hiding behind shield of fair use

Organizations that still believe well-worn myths concerning copyrighted materials do so to their own peril. Di’Vennci K. Lucas and Michael D. Hobbs Jr. of Troutman Pepper Locke bre...

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jdsupra.com /2 weeks ago

One frame is enough: Second Circuit narrows de minimis use, limits fair use at pleading stage

The US Court of Appeals for the Second Circuit affirmed in part and reversed in part a judgment on the pleadings, clarifying that the de minimis doctrine does not apply where the c...

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reason.com /1 month ago

Follow-Up to "Reproducing Controversial Tweet in News Story = Fair Use" Post

"Market Erasure," "Three Plinths," "The March 2nd Transformation," "Karen" "branding," and "The Commercially Savvy Lawyer."

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jdsupra.com /3 weeks ago

Can I Borrow Your E-Book?: A Brief Discussion of Controlled Digital Lending

Perhaps lost in all of the commentary and handwringing over AI and what to do with the works it creates is how we care for copies of human-authored works....By: Dorsey & Whitne...

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businesslawtoday.org /1 week ago

The ‘Officious Bystander’ and the Implied Covenant of Good Faith and Fair Dealing

This article is Part XI of the Musings on Contracts series by Glenn D. West, which explores the unique contract law issues the author has been contemplating, some focused on the sp...

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law360.com /3 weeks ago

Building Codes Ruling May Inform AI Copyright Arguments

The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help...

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plagiarismtoday.com /1 month ago

3 Count: Oh Deere

John Deere agrees to settle right-to-repair lawsuit, OpenAI expert witness accused of having "hazy John Deere settles right-to-repair lawsuit, OpenAI expert witness accused of havi...

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jdsupra.com /3 weeks ago

Richardson v. Townsquare Media, Inc.

In lawsuit over online news publication’s use of videos of Michael Jordan and rapper Grandmaster Melle Mel, Second Circuit vacates dismissal of claims pertaining to Michael Jordan...

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