Goldstein on Copyright, 3rd Edition - 2008 Supplement

Intellectual Property and Copyright and Trademark

Article Snapshot

Author(s)

Paul Goldstein

Source

New York: Aspen, 2008

Summary

This book assesses key recent copyright cases for lawyers, courts and policymakers.

Policy Relevance

Recent cases have resolved key issues involving copyright and the Internet.

Main Points

  • In the case of Perfect 10, Inc. v. Google Inc., the Ninth Circuit Court of Appeals ruled that it was an allowable “fair use” for a search engine to store tiny copies of created works and show them to computer users without permission from the copyright owner.

  • In the Grokster case, the Supreme Court ruled that a software maker who did not make illegal copies itself could be liable for others’ copyright infringement because its business model was partly motivated by benefits from others’ piracy.

  • The case of Bill Graham Archives v. Dorling Kindersley Ltd. Illustrates how courts sometimes fail to put reasonable boundaries on fair use.

  • In eBay Inc. v. MercExchange, the Supreme Court ruled that courts have discretion to choose between money damages or an injunction as a response to patent infringement.

  • Someone who has been assigned rights under copyright law has standing to sue on multiple claims for infringement that have accrued over time.

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