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 Country: United States
 Collection: Congressional Research Service Reports
Still Fair Use for Google Books: Second Circuit Ruling in Authors Guild v. Google

Still Fair Use for Google Books: Second Circuit Ruling in Authors Guild v. Google

Date: November 30, 2015
Creator: unknown
Description: This legal sidebar discusses the decision in Authors Guild v. Google case, in which the U.S. Court of Appeals for the Second Circuit affirmed the lower court's ruling and held that Google's copying and distribution of books as part of its Google Books Project qualifies as fair use under the Copyright Act, and thus Google is not liable for infringement of the authors' copyright in these books.
Contributing Partner: UNT Libraries Government Documents Department
Use of Trademarks as Keywords to Trigger Internet Search Engine Advertisements

Use of Trademarks as Keywords to Trigger Internet Search Engine Advertisements

Date: March 22, 2010
Creator: Yeh, Brian T.
Description: This report provides a summary and analysis of judicial opinions that have developed the current state of trademark law governing keyword-triggered advertising. It discusses background of the issue, keyword advertising, and litigation related to keyword advertising.
Contributing Partner: UNT Libraries Government Documents Department
Intellectual Property in Industrial Designs: Issues in Innovation and Competition

Intellectual Property in Industrial Designs: Issues in Innovation and Competition

Date: January 5, 2011
Creator: Thomas, John R.
Description: Report that identifies several current issues relating to intellectual property in industrial designs. It describes the different sorts of intellectual property protection that apply to industrial designs, and identifies current issues at the interface between intellectual property and industrial designs.
Contributing Partner: UNT Libraries Government Documents Department
A Legal Analysis of S. 968, the PROTECT IP Act

A Legal Analysis of S. 968, the PROTECT IP Act

Date: July 7, 2011
Creator: Yeh, Brian T. & Miller, Jonathan
Description: This report discusses the legality of S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act). It is related to the Combating Online Infringement and Counterfeits Act (COICA), which was approved by the Senate Judiciary Committee, but not enacted by the full Senate before the end of the 111th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Gene Patents: A Brief Overview of Intellectual Property Issues

Gene Patents: A Brief Overview of Intellectual Property Issues

Date: October 3, 2006
Creator: Schacht, Wendy H.
Description: This report is a brief discussion of the ethical, legal, and economic issues of gene patenting. The courts have upheld gene patents that meet the criteria of patentability defined by the Patent Act. However, the practice of awarding patents on genes has come under intense scrutiny by some scientists, legal scholars, politicians, and other experts.
Contributing Partner: UNT Libraries Government Documents Department
Copyright Law: Statutory Royalty Rates for Webcasters

Copyright Law: Statutory Royalty Rates for Webcasters

Date: November 18, 2003
Creator: Jeweler, Robin
Description: This report surveys the procedures for and the results of the Copyright Arbitration Royalty Panel’s (CARP’s) February 20, 2002 Report making recommendations for statutory royalty rates for eligible nonsubscription webcasters.
Contributing Partner: UNT Libraries Government Documents Department
The Copyright Doctrine of Fair Use and the Internet: Caselaw

The Copyright Doctrine of Fair Use and the Internet: Caselaw

Date: March 30, 2000
Creator: Weimer, Douglas R.
Description: This report examines the evolving copyright doctrine of fair use within the context of copyrighted works published or placed on the Internet. American courts have been examining the various property rights of copyright owners concurrently with the unauthorized use of these copyrighted materials by Web site operators, Internet consumers, access providers, and other interested parties. This report analyzes the early fair use copyright cases concerning Internet use, as well as the most recent judicial interpretations.
Contributing Partner: UNT Libraries Government Documents Department
Copyright Term Extension: Eldred v. Ashcroft

Copyright Term Extension: Eldred v. Ashcroft

Date: February 14, 2003
Creator: Jeweler, Robin
Description: This report examines the U.S. Supreme Court’s decision in Eldred v. Ashcroft. Plaintiffs/Petitioners challenged the constitutionality under the Copyright Clause of a law adding 20 years to the terms of existing and future copyrights. The law was upheld by both the U.S. district court and the court of appeals considering it. Among the questions before the Supreme Court was whether Congress may retrospectively extend the term of copyright for existing copyrights; and, what role and impact, if any, does the First Amendment have in determining the validity of a congressional extension of copyright terms.
Contributing Partner: UNT Libraries Government Documents Department
Plants, Patents, and Seed Innovation in the Agricultural Industry

Plants, Patents, and Seed Innovation in the Agricultural Industry

Date: September 13, 2002
Creator: Thomas, John R.
Description: This report offers an overview of the availability of intellectual property rights for plants, focusing upon the seed industry. It initially offers an introduction to seed innovation. The report then reviews the three intellectual property regimes applicable to plant innovation: utility patents, plant patents and plant variety protection certificates. It then details a 2001 decision of the U.S. Supreme Court, J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., which held that sexually reproducing plants may be subject to utility patents.
Contributing Partner: UNT Libraries Government Documents Department
The Copyright Registration Requirement and Federal Court Jurisdiction: A Legal Analysis of Reed Elsevier, Inc. v. Muchnick

The Copyright Registration Requirement and Federal Court Jurisdiction: A Legal Analysis of Reed Elsevier, Inc. v. Muchnick

Date: March 18, 2010
Creator: Yeh, Brian T.
Description: In New York Times Co. v. Tasini, six freelance authors who had contributed articles to several publications, including The New York Times, Newsday, and Time, sued when the publishers licensed rights to copy and sell the articles to electronic databases such as Lexis/Nexis. Shortly after the Court decided Tasini, three preexisting class action infringement suits, which had been suspended pending the decision, were activated and consolidated in the U.S. District Court for the Southern District of New York. A fourth, nearly identical action was coordinated with that consolidated action. Together, these claims comprise the litigation discussed in this report.
Contributing Partner: UNT Libraries Government Documents Department
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