Does [X] ‘count’ as published?

To a copyright lawyer, this question sounds like it’s probably about one of two things: was some work ‘published’ for the purposes of fair use analysis, or was the work ‘published’ for the purposes of public domain status determination. (It is often more likely to be fair use to copy from published material, and there […]

Supreme Court Denies Cert in Authors Guild v. Google

Scanning books in order to make them searchable is fair use. (The Author’s Guild asked the Supreme Court to review the previous court’s opinions that Google Books’ scanning project is fair use, the Supreme Court decided not to hear the appeal (‘denied cert (certiorari)’), and that means the Second Circuit’s opinion on the case stands.) […]

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