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.
- Computer Law
- Fair Use
- First Sale Doctrine
- The Copyright Claims Board: A Venue for Pursuing Actual or Statutory Damages Impacting Both Registered and Unregistered Works
- Win for Photographer in Ninth Circuit Reversal of Fair Use Finding
- Entrepreneur Spotlight: How Ray Young is Fighting Content Theft Encouraged by Big Tech Platforms
- Testing the Bounds of Copyright Protection in Choreographic Works: Hanagami v. Epic Games, Inc.
- IP Issues for Retail Businesses Advertising in Augmented Reality
- Jump Rope Company Asks High Court to Weigh in on CAFC Approach to Collateral Estoppel for PTAB Invalidations
- Review Not Warranted: SG Tells SCOTUS to Scrap Amgen’s Case on Enablement Test for Biotech Patents
- Advocating for Ethics-Driven Regulation for Blockchain Technologies
- Other Barks & Bites for Friday, September 23: Thaler Seeks Rehearing of CAFC Decision on DABUS AI, the Solicitor General Urges SCOTUS to Deny Cert in Amgen, and FTC Orders Amazon’s Jassy and Bezos to Testify in Prime Investigation
- Exploring the CAFC’s Ridiculous Written Description Standard for Life Sciences Patents