The U.S. Copyright Office is proposing a rule change to deposit requirements for certain types of literary works and musical compositions. Under the proposed rule, copyright owners will be able to satisfy the deposit requirements by submitting one copy of literary monographs or musical compositions that are published in the U.S. in print formats. Full text of the proposed rule is available at www.gpo.gov/fdsys/pkg/FR-2017-08-16/pdf/2017-17194.pdf.
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Today, the Ninth Circuit ruled that yoga poses are not copyrightable under Section 102(b) of the Copyright Act because the Bikram sequence of 26 poses is an idea, process or system designed to improve health and copyright protects only the expression of this idea and not the idea of the sequence itself. The dispute arose after former Bikram Choudhury's students opened their own yoga studio and led clients through 26 poses just like the Bikram sequence. Choudhury sued for copyright violation under Section 102(b) for his 1979 book. In ruling against Choudhury, the Ninth Circuit reasoned that Section 102(b) expressly excludes protection of any idea, procedure, process, system, method of operation, concept, principle or discovery regardless of the form in which it is described, explained, illustrated or embodied; and because the sequence is an unprotected idea, it was also ineligible for protection as a 'compilation' or 'choreographic work.'
On October 16, 2015, the Second Circuit found that Google's copying of published books for its Library Project and Google Books Project is fair use under 17 USC 107 and not infringing. Authors Guild v. Google, Inc., No. 13-4829 (2d Cir. Oct. 16, 2015). Particularly, the Second Circuit found that Google's copying is transformative use and therefore, communicates something new and different from the original, and serving copyright's overall objective of contributing to the public knowledge. According to the Court, making digital copies of published books to enable a search on a term of interest involved a high transformative purpose.
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Disclaimer: The content in this blog is solely for informational purposes and does not constitute legal advice.
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