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Revived Class Action Against McGraw Hill: the Importance of Publishing Contracts

At the heart of the Flynn v. McGraw Hill case is a breach of contract claim. The plaintiffs argue that McGraw Hill’s royalty deductions for maintaining its online system violated the terms of the agreement. Central to the argument is the publisher’s promise to ‘publish at its own expense.’ This case serves as a prime example of how important it is to scrutinize the details of a publishing agreement, where the devil often lies.

Copyright Management Information, 1202(b), and AI

In the recent spate of copyright infringement lawsuits against AI developers, many plaintiffs allege violations of 17 U.S.C. § 1202(b) in their use of copyrighted works for training and development of AI systems.  

Artist Left with Heavy Fees by Copyright Troll Law Firm

The final outcome of the case: the plaintiff was ordered to cover $102,404 in fees and $165.72 in costs for the defendant. This should serve as a cautionary tale for would-be plaintiffs: copyright lawsuits, like any other type of litigation, are primarily meant to address the damages plaintiffs actually suffered, and the final settlement should make plaintiffs whole again—that is, as if no infringement has ever occurred. Copyright lawsuits (or the threat to sue) should not be undertaken as a way to create brand new income streams. 

What is “Derivative Work” in the Digital Age?

Ideas and concepts, including “derivative works,” are only important to the extent they elucidate our understanding of the world. When the use of “derivative works” leads to more confusion than clarity, we should be cautious in adopting the new meaning being superimposed on “derivative works.”

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