Amicus Briefs Filed in Internet Archive Copyright Case; Publishers Weekly, March 25, 2024

Andrew Albanese , Publishers Weekly; Amicus Briefs Filed in Internet Archive Copyright Case

"Internet Archive lawyers filed their principal appeal brief on December 15, and 11 amicus briefs were filed in support of the Internet Archive a week later, in December, representing librarians and library associations, authors, public advocacy groups, law professors, and IP scholars, although some of the IA amicus briefs are presented as neutral.

The briefs are the latest development in the long-running copyright infringement case and come a year after a ruling by judge John G. Koeltl on March 24, 2023 that emphatically rejected the IA’s fair use defense, finding the scanning and lending of print library books under a protocol known as “controlled digital lending” to be copyright infringement.

The Internet Archive’s reply brief is now due on April 19, and oral arguments are expected to be set for this fall."

Jack Kirby's Heirs Get Huge Support in Quest to Bring Marvel Fight to Supreme Court (Exclusive); Hollywood Reporter, 6/19/14

Eriq Gardner, Hollywood Reporter; Jack Kirby's Heirs Get Huge Support in Quest to Bring Marvel Fight to Supreme Court (Exclusive) :

"The case is Lisa Kirby v. Marvel Characters, concerning whether the estate of comic book legend Jack Kirby can terminate a copyright grant on such creations as Spider-Man, X-Men, The Incredible Hulk and The Mighty Thor. In August 2013, the 2nd Circuit Court of Appeals affirmed a lower court's ruling that determined Kirby's heirs couldn't wrest back his share of rights to these characters because the former Marvel freelancer had contributed his materials as a "work made for hire." As such, Marvel was considered the statutory author, and Kirby (and his heirs) never had any termination rights under the 1976 Copyright Act to begin with.

In the past couple of months, there have been growing signs that the case might indeed be picked up at the Supreme Court for review."