Masquerade Costumes as Applied Art. The discussion is completely revised regarding protection of masquerade costumes. Canvassing what courts call ''the Nimmer/Poe test,'' the various strands are harmonized to cover the developments in this field. See Nimmer on Copyright § 2.08.

Architectural Infringement. Do the remedies for architectural infringement include destruction of the offending structure? Alternatively, if a court does not order destruction or enjoin sale of the subject home, does future sale of that structure amount to a new act of copyright infringement? Or is such sale immune under copyright's ''first sale'' doctrine. The discussion canvasses a 2007 case from the Fourth Circuit that addresses these issues. See Nimmer on Copyright §§ 2.20, 8.12.

Exemption for Input of Software. The LA County Sheriff's Department ordered 3663 copies of software, but under pressure to open its new jail installed it onto 6007 computers. What consequence follows from the copyright perspective? A recent Ninth Circuit case addresses that scenario. See Nimmer on Copyright § 8.08.

Scope of Section 119 Compulsory License. The case of CBS Broadcasting, Inc. v. EchoStar Communications Corp. has proven a copyright perennial. This release covers the latest appellate ruling from the Eleventh Circuit. See Nimmer on Copyright § 8.18.

Downloading Ringtones. Where does downloading of ''ringtones'' fall within copyright strictures? The discussion of digital phonorecord delivery is expanded with a new subsection to take account of a recent Copyright Office proceeding on the subject. See Nimmer on Copyright § 8.23.

Site-specific Art. Does the Visual Artists Rights Act extend protection to site-specific art? After the Supreme Judicial Court of Massachusetts gave an advisory opinion about the application of state law to that arena, the First Circuit has weighed in as a matter of federal law. See Nimmer on Copyright § 8D.06.

Construction of Copyright Contracts. This release completely overhauls the treatise's discussion of construing copyright contracts. It breaks the inquiry into four separate headings, including how to construe the settlement and release arising out of previous infringement litigation. See Nimmer on Copyright § 10.08.

Licensee Estoppel. Previous consideration has been given to the question of licensee estoppel. This release incorporates the latest wisdom from the Supreme Court on the subject, from its 2007 opinion in MedImmune, Inc. v. Genentech, Inc. See Nimmer on Copyright § 10.15.

Statute of Limitations. In light of the tremendous ferment over how to apply the statute of limitations, this release completely revises the discussion of that crucial issue. It contrasts the discovery rule with the injury rule, and dovetails each with the variant standards that have been applied outside the infringement context to co-ownership claims. See Nimmer on Copyright § 12.05.

Laches. Parallel to the statute of limitations is the doctrine of laches. Some courts have applied it to copyright cases, others have denied its applicability. In 2007, the Sixth Circuit carved out a middle ground. The discussion outlines the variant tests that apply across the circuits. See Nimmer on Copyright § 12.06.

Exemptions from Anti-circumvention Features of DMCA. At the end of 2006, the Copyright Office issued the latest in its triennial rulemakings about which utilizations to exempt from the anti-circumvention features legislated as part of the Digital Millennium Copyright Act. This release traces the development from 2000 to 2003 and into the rules that currently apply. See Nimmer on Copyright § 12A.03.

Requirement of Volition for Online Infringement. How much volition is required to commit copyright infringement, particularly in the online context? Two recent cases against Google for copyright infringement revive Judge Whyte's decade-old ruling in Netcom, which arose prior to enactment of the Digital Millennium Copyright Act. This release traces the progression of the law to conclude what standards should currently govern that contested domain. See Nimmer on Copyright § 12B.06.

Fair Use. Has the fair use doctrine taken a new turn? In two significant rulings, Bill Graham Archives v. Dorling Kindersley Ltd. and Blanch v. Koons, the Second Circuit has upheld its application under circumstances that might seem surprising. The shift is particularly pronounced given that court's prior rulings against fair use when previously urged by the same defendant, enfant terrible of the art world Jeff Koons. See Nimmer on Copyright § 13.05.

Check out Nimmer on Copyright, Release 75 (April 2008) on Lexis.com

Check out Nimmer on Copyright from the LexisNexis Bookstore