Publishers scored a win yesterday in the U.S. District Court for the District of Maryland when the court granted their request for a preliminary injunction enjoining enforcement of the Maryland Act, which essentially calls for compulsory licensing of electronic literary works to libraries on “reasonable terms”. The law went into effect on January 1, 2022. The lawsuit was brought by the Association of American Publishers (AAP) against the state of Maryland and charged that the Maryland Act was preempted by the U.S. Copyright Act. The Maryland Act requires publishers to 1) offer to license copyrighted electronic literary products, such as eBooks and digital audiobooks, to public libraries, and (2) to ensure the terms of such licenses are fair. The goal was to avoid up-charging and stringent licensing restrictions on libraries.
Copyright
- Computer Law
- Fair Use
- First Sale Doctrine
- California Court Holds Pinterest’s Display of User-Uploaded Works Near Ads are Protected by DMCA Safe Harbor
- The Emperors’ New Codes: Understanding IP Community Ambivalence Toward Digital Assets
- USTR Suspends Review of Ukraine, Remains Concerned with China in Latest Special 301 Report
- CJEU Upholds 2019 EU Copyright Directive
- Robots and IP: Protecting Faces, Expressions and Vocalizations
Recent Posts
- CAFC Gives Google Second Shot at PTAB in Challenge of Communications Patents
- Policy Shift Against SEP Rights Poses Risks for U.S. Innovation and Undermines Mandate of the ITC
- Mossoff-Barnett Comment on EU Commission’s Call for SEP Evidence Spotlights Misconceptions About FRAND Obligations
- LG’s Recent Infringement Fight Against TCL Could Take Some Tips from DivX’s Approach
- A Tale of Two Googles: Patent System Champion or Crux of the Problem?