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Publishers and Authors Win: The Internet Archive Is Guilty of “Wholesale Copying and Unauthorized Lending”

March 24, 2023
By Michael Cader

In a significant victory for authors and publishers, New York Federal Court Judge John Koeltl ruled swiftly, clearly and conclusively, granting summary judgment for the litigating publishers against the Internet Archive on the allegations of mass copyright infringement. The judge wrote: “At bottom, IA’s fair use defense rests on the notion that lawfully acquiring a […]

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Manuscript Thief Bernardini Sentenced to Time Served and Will be Deported

March 23, 2023
By Michael Cader

Judge Colleen McMahon sentenced Filippo Bernardini to time served on Thursday, following his guilty plea to one count of wire fraud related to his years of stealing pre-publication manuscripts. Bernardini had already agreed to pay restitution of $88,000 to Penguin Random House, to be paid in monthly installments given his limited means. His sentence includes […]

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A Skeptical Judge Presses Internet Archive to Cite Cases That Support Their Copying

March 20, 2023
By Michael Cader

Judge John Koeltl held a lengthy hearing Monday afternoon on motions for summary judgment from both sides in the copyright infringement lawsuit brought by four major publishers against the Internet Archive for “willful mass copyright infringement.” With extensive papers already filed with the court since the case was filed in June 2020, it seemed likely […]

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Government Underscores that Copyright Is for Human-Created Works, and AI-Generated Material Is Not Protectable

March 17, 2023
By Michael Cader

After finding last month that AI-generated artwork in a graphic novel did not qualify for copyright protection, the US Copyright Office has now published a more extensive paper, “Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence.” The key point is their reiteration of the view that, “It is well-established that copyright can protect […]

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Coalition Aims to Protect Copyright and IP from State Legislatures

March 15, 2023
By Michael Cader

As a number of state legislatures work on unconstitutional bills to dictate terms of licensing ebooks to libraries—instead of simply funding their popular libraries to keep up with inflation and citizens’ needs—a coalition has formed to Protect the Creative Economy. Coalition members include the ABA, the AAP, the Authors Guild and the IPBA, plus Copyright […]

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Bernardini Sentencing Documents: “I still wanted to believe I was part of the industry.”

March 13, 2023
By Erin Somers

Manuscript thief Filippo Bernardini and his attorney Jennifer Brown both submitted letters in advance of his Federal Court sentencing on April 5, trying to explain Bernardini’s motivation for the thefts. Bernardini writes that stealing manuscripts was an “obsession, a compulsive behavior” related to wanting to work in publishing. His attorney suggests, “His offense can be […]

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