Valancourt Books has been challenging the requirement to deposit two copies of every copyrighted work with the Library of Congress as an unconstitutional taking of private property for a number of years now. Last July Washington, DC District Court Judge Amy Berman Jackson granted summary judgment against the publisher, and Valancourt is appealing the decision. The AAP has just filed an amicus brief with the court in support of Valancourt. They argue Judge Jackson was fundamentally wrong in concluding, “Publishers are not required to make the deposit in order to print books or to sell them; the obligation is a […]
Court Grants Preliminary Injunction Blocking Maryland Library eBook Law, Which Is An “Obstacle” to the Copyright Act
District Court of Maryland Judge Deborah L. Boardman delivered a quick, clear and commanding opinion on Wednesday providing a directive to the state of Maryland and a warning guideline to other state legislatures looking to impose conditions on how publishers choose to exercise their Federally granted copyrights: She imposed a preliminary injunction blocking implementation of Maryland’s law, and said it is likely pre-empted by Federal law. Judge Boardman reaffirmed the supremacy of Congress and its specific actions as well as any inaction: “It is clear from the text and history of the Copyright Act that the balance of rights and […]
Bonnier Books Reports Record Year
Like some other trade publishers, Bonnier Books reported “a record year” for 2021. Sales rose over 13 percent to SEK 6.919 billion ($806 million), “mainly attributable to the publishing business,” which “achieved its most profitable year ever.” Total EBITA for Bonnier Books division was SEK 573 (392) million ($67 million), up 46 percent, “despite significant continued investments in BookBeat and losses from book stores.” They saw a “strong rise in sales of physical books, a trend driven by the children’s literature segment,” particularly in Germany, where the division “achieved its highest ever sales and profits for the second year in […]
Foundry Mediation Rescheduled
The planned mediation between former Foundry partners Peter McGuigan and Yfat Reiss Gendell was postponed “due to personal issues” of McGuigan’s counsel, and is now scheduled for March 9. As a result, the previously planned court conference date has been cancelled, and a new date will be set “after the mediation has been conducted, and if the mediation fails to resolve this case.”
Judge to Rule “Soon” On AAP’s Motion for A Preliminary Injunction
As the court hearing on the AAP’s motion for a preliminary injunction blocking Maryland’s library ebook lending law proceeded over more than three hours on Monday, there was a consistent theme: Judge Deborah L. Boardman’s considerable questions and comments were the most illuminating part. And it’s important to note that she concluded the lengthy discussions by promising, “It is my intention to issue my decision on this soon. I will not be sitting on this idly, I promise you that.” Overall she had far more questions for Maryland’s attorney. She did press AAP attorney Scott Zebrak on the whether there […]
Judge Questions Maryland and AAP
The AAP and the state of Maryland appeared before Federal Judge Deborah L. Boardman Monday morning for an extensive hearing on the AAP’s motion for a preliminary injunction blocking the state’s law on library licensing of digital text. After about an hour of questions directed at the attorney for Maryland, the court took a break at 12:20 before pressing the AAP about their ability to meet the stringent legal conditions for a preliminary injunction. So this is an interim report that we will update later today on our site. Judge Boardman made it clear that she had significant questions about […]