3 Count: Small Claims, Open Doors

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1: Judge in Maryland Strikes Down Library e-Book Law

First off today, Hillel Italie at the Associated Press reports that a judge in Maryland has shot down a law that would have required publishers to make e-books available on “reasonable terms” to libraries in the state.

The Association of American Publishers filed a lawsuit contending that the new law violated copyright law as it saw a state, not the federal government, regulating publishing and access to copyright-protected materials. The state largely gave up on its arguments in April, with attorneys noting that there was no dispute of “material fact” in the case.

The publishers pressed on, seeking a permanent injunction to bar the law from ever taking effect. The court declined that, saying that the injunction wasn’t necessary as the law was “unconstitutional and unenforceable.”

2: ‘Only Fools and Horses’ Heirs Win Copyright Battle Against Knock-Off Dining Show

Next up today, K.J. Yossman at Variety reports that the owners of the British comedy show Only Fools and Horses have emerged victorious in their lawsuit against a “dining experience” version of the show that was created without their permission.

The lawsuit was filed by Shazam Productions, which was founded by the heirs of John Sullivan, who created the show in the 1980s. They claimed that the dinner theater made use of various characters from the show, characters that they held the copyright to and were enforceable under EU copyright law.

The defendants tried to argue that they had run a similar experience based on the show Fawlty Towers without incident, but the judge was not swayed by that argument. Sullivan’s heirs celebrated the ruling, saying that it shows that, “Copyright actually means something.”

3: U.S. Copyright Office’s New Small-Claims Court Opens for Business

Finally today, Blake Brittain at Reuters reports that the U.S. Copyright Office’s Copyright Claims Board has finally opened has created what it hopes will be the first small claims court for copyright infringement cases.

Part of a broad copyright law that passed in 2020, the new bill enables those seeking less than $30,000 in total damages to go through this system rather than the more expensive federal court system. The program is opt-in, which means both sides of the dispute would have to agree to participate for proceedings to begin.

The new board has been lauded by rightsholders, who hope that it will make it easier and cheaper to enforce the rights to their works. Others are concerned that it could be a new tool for “copyright trolls” to target more people.

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