Legal

In a significant victory for authors and publishers, on Friday 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 copyrighted print book entitles the recipient to make an unauthorized copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book. But no case or legal principle supports that notion. Every authority points […]

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 3 years of supervised release, though he is also ordered to be deported to the UK or Italy. The charge carried a maximum possible sentence of 20 years in prison. Assistant US Attorney Daniel G. Nessim had written that, “A sentence of at least one […]

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 that the hearing held by telephone will be all the judge requires in order to reach a final ruling on the case. The plaintiffs’ case is pretty straight-forward and aligns with how the copyright laws are written and have been interpreted across many cases, in […]

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 only material that is the product of human creativity.” Therefore, anyone applying for a copyright has “a duty to disclose the inclusion of AI-generated content in a work submitted for registration and to provide a brief explanation of the human author’s contributions to the work.” […]

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 Alliance, News Media Alliance and NMPA.

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 seen as a form of ‘extreme collecting'”…. He had served as an intern at Andrew Nurnberg Associates in London, but was unable to immediately find a job in the industry afterward. Bernardini faces a maximum of 20 years in prison, plus fines for wire fraud […]