BNA Books' New 2010 Supplement to Copyright Law Deskbook Covers The Most Current Copyright Cases and Pivotal Decisions

Arlington, Va., October 2010 – BNA Books, a division of specialized news and information publisher BNA, announced today the publication of the 2010 SUPPLEMENT to COPYRIGHT LAW DESKBOOK, which expertly addresses the law and practice of copyright. This single-volume text aims to be useful, rather than monumental, focusing on particular disputes and rendering details specific to legal questions decided by the courts, allowing practitioners to determine which cases are likely to provide the answers they need.

With copyright law having undergone dramatic changes since the development of the World Wide Web as a commercial, artistic, and intellectual hub, the Deskbook is also valuable for its exploration of cases in which existing copyright content is being aggregated, adapted, and distributed in ways unforeseen by Congress when it passed the Copyright Act in 1976. Practitioners will find the most up-to-date and significant aspects of the law in this resource, including fair use, work for hire, copyrightability, digital rights and the DMCA, international considerations, damages, formalities, preemption, and litigation issues.

• New topics in the 2010 SUPPLEMENT to COPYRIGHT LAW DESKBOOK include:
• Open-source licenses and the Jacobson v. Katzer decision by the Federal Circuit, holding that use of software beyond the scope of an open-source license is actionable as copyright infringement
• The controversy over "making available" as a violation of the distribution right in the context of peer-to-peer file sharing

The 2010 SUPPLEMENT also covers new cases, such as:

• The Supreme Court's Reed Elsevier v. Muchnick decision, holding that 411(a), which requires copyright owners to register their works prior to commencing litigation, is not jurisdictional, but merely a claim processing rule
• Schrock v. Learning Curve, in which the Seventh Circuit held that derivative works, specifically photographs, are not subject to a higher standard of originality and need not receive permission to register from the owners of copyright in the underlying works on which they are based
• The Second Circuit's holding in Salinger v. Colting that a court may not presume irreparable harm, for purposes of awarding injunctive relief, even where infringement has been established
• The Second Circuit's rejection of the "separate economic value" approach to determining the number of statutory damage awards, in Bryant v. Media Right Productions
• A successful constitutional challenge to a large jury award of statutory damages in Sony BMG Music v. Tenenbaum, in the District of Massachusetts, on the grounds that the award was a violation of the Due Process clause
• An unsuccessful First Amendment challenge to the restoration of foreign works under section 104A, in the Tenth Circuit's Golan v. Holder decision

COPYRIGHT LAW DESKBOOK also comes with an Annotated Case Digest on CD that covers every significant copyright law decision from 1993 through 2009. This Case Digest consists of Mr. Clarida's annual case law summaries, published each year in the Journal of the Copyright Society of the U.S.A. Now, for the first time, these summaries are integrated and electronically searchable by case name, docket number, jurisdiction, issue, and type of media. The treatise and Annotated Case Digest will be updated in annual supplements.