The Patry Copyright Blog

The distinction between subject matter jurisdiction and proving a prima facie element of the cause of action is not always easy to discern...

Tonight in Manhattan, I am participating in a program that raises thorny issues of the scope of copyright in photographs of public domain wo...

The blogosphere was awash last week in stories about a suit filed on April 15th by Oxford University Press against Georgia State University ...

Here are two unrelated items involving the record industry. The first is about the origins of IFPI , the International Federation of the Pho...

On March 31st, Chief Judge of the Middle District of Pennsylvania Yvette Kane issued an opinion on the copying of public utility hearing tra...

Given the three year statute of limitations bar, there are only two relevant omnibus Copyright Acts relevant in litigation arising under 17 ...

The State of Oregon appears to be taking a novel position: that it has copyright in its statutes. The story comes from Ars Technica, here . ...

U.S. audiences may not be familiar with the "Dr Who" series, which first appeared from 1963 to 1989, and was relaunched in 2005. D...

Congress’s efforts to hold states and their instrumentalities liable for copyright infringement are well documented and completely unsuccess...

Candidates for a unified theory justifying copyright in all its manifestations include the value of the copyright owner’s efforts in creatin...

When it comes to awarding attorneys fees to the prevailing party under an authorizing statute (like 17 USC 505), courts apply a variety of f...

The Wall Street Journal had a front page story by Gary McWilliams yesterday entitled " Candid Camera: Troves of Videos Vexes Wal -Mart...

Given that Section 301 of the Copyright Act preempts equivalent state law causes of actions and remedies, state courts can not hear claims b...

Senior Judge Bruce Selya of the First Circuit Court of Appeals is famous for his colorful language in his opinions . See this article in B...

To call Judge Richard Posner prolific is an obvious and trite truism. I have a whole shelf devoted to his books (I have 15 of his 24 books)...

Last December I did a post on a successful claim by Matthew Fisher of the band Procol Harum that he was a co-author of their song "A W...

There have been three opinions in six weeks on the suits brought by RIAA in which the issue of the alleged making available right as well as...