Copyright Lately

MARCH 31, 2024

Case in point is the Second Circuit’s 2001 opinion in On Davis v. Fair Use Fair use would typically be the other go-to defense in a case like Atari Interactive v. The Gap, Inc.

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Copyright Fair Use Social Media Artwork 86

43(B)log

DECEMBER 20, 2022

From PR newswire, apparently a still from the 2001 film registered trademark For the 2001 Documentary, Monbo “organize[d] a group of highly skilled dirt-bike riders” to participate in a scripted film “that would highlight the exploits of an ostentatious group of dirt-bike riders in Baltimore called 12 O’Clock Boyz.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

IP and Legal Filings

SEPTEMBER 29, 2021

Napster gained immense popularity due to the fact that it was one of the most accessible services to use. In 2001, several record companies such as Sony Music Entertainment, Atlantic Records, MCA Records, Island Records, Motown Records, Capitol Records and BMG Music collectively filed a lawsuit against Napster.

Fair Use 52

Fair Use Music Copying Copyright 52

SpicyIP

JANUARY 20, 2024

Please let us know if any reader is aware of the same). Verma, another Indian professor from DU who was also the president of ATRIP (2001-2003), mentions this as starting in 1968 (as opposed to 1967) in a separate report on IP teaching in India. As Mrs. Bela Banerjee noted in her 2001 report , “ At that time [i.e., But did it?)

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Government IP Intellectual Property Reporting 112

43(B)log

AUGUST 9, 2024

DSM Directive in EU and US developments were all about enforcement on the elephants. Roots as old as 2001 Directive ordering methods developed, as well as 512(j)(1) allowing site-blocking injunctions in the US which has never really been tested in court. Group one: fair use. TDM/fair use is the way to go.

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Fair Use Moral Rights Law IP 59

JIPEL Copyright Blog

MARCH 21, 2022

Melee is a GameCube game that was released in 2001; unlike most competitive esports, Melee was released without any online features. While Nintendo has waffled on its support for the Smash Bros. The Big House Announces that Nintendo has Shut Down its Tournament via Twitter , November 19 th , 2020. Super Smash Bros.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

SpicyIP

AUGUST 4, 2024

The respondent was using the mark ‘MAMU ROSE’ since 2016 as mentioned in their application, however evidence for the same was not provided. The petitioner proved prior use by placing documents on record since 2001. Suno admits using copyright music to train its AI model but claims it as fair use.

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Social Media Trademark Licensing Music 105

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

IIPRD

AUGUST 11, 2023

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use. Napster, Inc.,

Art 52

Art IP Intellectual Property Copyright 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Court of Appeals for the Second Circuit rejected Jeff Koons’ fair use argument ( section 107 of the Copyright Act 1976 ) based on parody ( Rogers v. 5(3)(k) of Directive 2001/29/EC “ (discussed here ); the essential characteristics of parody are the following: A parody must evoke an existing work. Koons , 960 F.2d

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Derivative Work Copyright Law Copyright Law 111

The IPKat

AUGUST 6, 2023

originality, what is idea and what is expression, what are the elements of and standards for substantial similarity and in the USA, fair use. These foundational issues have kept black robed people busy for centuries and will continue to do so. I am happy with that since it is the most efficient way such issues can be resolved.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

LexBlog IP

AUGUST 31, 2022

ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. Seuss and Suntrust cases.show how subjective a decision regarding parody and fair use privilege can be.” Hey, What’s The Punch Line ? Some Final Thoughts.

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Fair Use Trademark Moral Rights Law 52

LexBlog IP

NOVEMBER 30, 2022

2001), which itself carried on the notion described in Publications International, Limited, v. That 2 nd Circuit decision is now before the Supreme Court to decide on how one should best address questions of fair use and transformative works, which the Court had addressed last year in Google v. Head , 178 F. 2d 758, 764 (S.D.

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IP Intellectual Property Fair Use Trademark 52

BYU Copyright Blog

MARCH 3, 2025

A Roundup of More Completed Cases University,Logo,Settled Out of Court,Bell,Statute of Limitations,Secondary Education,DMCA,Literary Works,Fair Use,Commercial Educational Materials,Faculty March 03, 10:52 AM March 03, 10:52 AM Louisiana Tech University v. As a result, Bell was ordered to pay all legal fees associated with the case.

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The IPKat

DECEMBER 31, 2024

Another point decided by the CJEU, which seems to be more relevant to Pelham II than to Pelham I, was the unsuitability of section 24 of German Copyright Act (UrhG) which provided for a US fair use-like clause with the aims of providing a closed list of exceptions by Directive 2001/29/EC (InfoSoc) [paras 63-64].

Copyright Law 69

Copyright Law Copyright Fair Use Law 69

Kluwer Copyright Blog

MARCH 5, 2025

After all, one of the four (if not the most important) criteria for fair use under S.107 107 of the US Copyright Act 1976 is the need for the use of the work to be transformative. 2001)) or Campbell v Acuff-Rose Music (510 U.S. 2001)) or Campbell v Acuff-Rose Music (510 U.S. 3d 1257 (11th Cir.

Copyright Law 59

Copyright Law Law Copyright Copyright Infringement 59

The IPKat

JANUARY 9, 2025

The recent trend, adopted by the art community, of bringing copyright infringement claims against AI companies due to imitating or mimicking the artistic styles of the training data, and raising fair use (e.g., Andersen v. Stability AI ) or pastiche (e.g.,

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Copyright Law Copyright Public Domain Law 64

Technology & Marketing Law Blog

MARCH 4, 2022

2001) (“Nor does the fact that Saderup’s art appears in large part on a less conventional avenue of communications, T-shirts, result in reduced First Amendment protection.”); Ayres v. California , 403 U.S. 15, 18 (1971) (holding that a jacket bearing the words “F**k the Draft” is protected speech); see also Comedy III Prods.,

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Patently-O

DECEMBER 12, 2021

Missouri’s predominant purpose test, which inquires into whether the predominant purpose of using the famous person’s name or identity is to exploit its commercial value; or whether “the predominant purpose of the product is to make an expressive comment on or about a celebrity.” [15] 26] Which one? 471, 500 (2003)). [16] at 409-10. [19]

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Copyright Lately

SEPTEMBER 2, 2024

An Attack on Ownership and Fair Use In a flurry of legal filings over the long Labor Day weekend, the defendants are pushing back. Trump’s team also asserts that even if the plaintiffs could prove ownership, their case would still fail because the campaign’s use of the song falls under copyright’s fair use defense.

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Copyright Fair Use Music Social Media 104