Fair Use

Google Seeks Dismissal of Google Books Lawsuit 0

Google Seeks Dismissal of Google Books Lawsuit

Posted by on Jul 31, 2012 in Computer Law, Copyright, Fair Use

On July 27, Google Inc. asked U.S. Circuit Judge Denny Chin to dismiss a lawsuit from the Authors Guild over the company’s plan to digitize books and provide excerpts through their search engine service. Google filed a motion seeking dismissal and arguing their actions fall under fair use and also provide a benefit to the public and the authors themselves. The Authors Guild also filed for summary judgment. Both parties’ motions are set for oral argument on Oct. 9. The case has been ongoing since The Authors Guild, along with The American Society of Media Photographers and other parties, sued Google in 2005 claiming the company’s plan to create an online literary database was carried out without permission from copyright holders. Google estimated it has already scanned more than 20 million books and posted excerpts from over 4 million. The process began when Google entered agreements with public and university libraries to digitize and upload information for their Google Books service. So far, Google says works have been scanned from Harvard University, Oxford University, Stanford University, the University of California, the University of Michigan, and the New York Public Library. Judge Denny Chin began hearing the case as a trial judge and has retained jurisdiction after being elevated to...

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Foreign Manufactured Goods and the First Sale Doctrine

Posted by on Jul 16, 2012 in Copyright, Fair Use, First Sale Doctrine

On July 9, 2012, The Association of Art Museum Directors along with nearly 30 American museums including MoMA, LACMA, the Guggenheim, the Getty, the Whitney, SFMOMA,the Art Institute of Chicago, and the Dallas Museum of Art submitted an amicus brief  to the Supreme Court. The brief comes as a response to a recent decision by the Second Circuit to limit the protections under Section 109 of the Copyright Act to works created within the United States in John Wiley & Sons v. Kirtsaeng. As a result, many museums feel that the way they operate may be in jeopardy, much like libraries and many gray market businesses. The Kirtsaeng case follows the Supreme Court’s December 2010 decision in Costco Wholesale Corp. v. Omega, which centered on the first-sale doctrine, which usually entitles the owner of a lawfully produced copyrighted work to resell it without permission from the copyright holder. The Supreme Court split 4-4, with Justice Elena Kagan not taking part. The court did not issue a written opinion, but held that the first-sale doctrine did not apply to foreign goods. The Second Circuit’s Kirtsaeng decision relied on the Supreme Court’s Costco ruling. In the present case on appeal, Supap Kirtsaeng, a graduate student at the University of Southern California,...

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Fair Use in Copyright: Time Shifting and Dish Network AutoHop

Posted by on Jul 12, 2012 in Copyright, Fair Use

In Dish Network LLC v. American Broadcasting Cos et al, a U.S. District Judge in Manhattan, Laura Taylor Swain, granted a motion by Fox to dismiss copyright and contract claims by Dish. The claims result from Dish’s new AutoHop feature, which allows viewers to skip commercials. In order to achieve a more favorable ruling, Dish filed preemptively in New York, only hours before claims by CBS, Fox, and NBC were filed in California. Dish’s New York dispute involves ABC, CBS, Fox, and NBC. After the judge’s ruling, the issue will be tried in both New York and California on several different issues. Dish’s claims against Fox, and copyright claims against CBS and NBC were all dismissed to be heard in California. Dish’s contract claims against CBS and NBC, however, will proceed in New York since the companies failed to assert those claims in California. All claims by Dish against ABC also remain in New York. Dish filed the suit in New York District Court primarily to preempt suits by CBS, Fox, and NBC in California. In fact, the networks filed suits against Dish in Los Angeles only hours after the New York case was filed. The networks are concerned that Dish’s ad-skipping feature will result in a severe decline...

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