IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. Goldsmith , 598 S.

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The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

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SpicyIP

MARCH 1, 2025

In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fair use doctrine, and the future of ebooks in this guest post.

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TorrentFreak

FEBRUARY 15, 2024

Claims that recording amounted to fair use were brushed aside, not least since the service actually recorded everything behind the scenes, contrary to customers’ belief that any recordings played back via the service were unique to them. .

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IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. Vipul Amrutlal Shah (2009) and MRF Limited v. The Supreme Court’s decisions in the case of Shree Ventakesh Films (SVF) v.

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Patently-O

DECEMBER 11, 2023

Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fair use.

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The IPKat

FEBRUARY 3, 2023

This said, different contractual conditions and policies were found leading to uncertainty and, as a result, giving rise to transaction costs. In other legal systems, specific E&L relating to content to which lawful access has been secured have been adopted instead.

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Intepat

APRIL 23, 2021

Brief Background: Android which is owned by Google LLC used Java’s Application Programming Interfaces (APIs) for building their Android Operating System for Mobile devices from 2005. Java owned by Sun Microsystems was later acquired by Oracle in 2009. And held that Android was using APIs and was using them commercially.

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Likelihood of Confusion

SEPTEMBER 28, 2024

Originally posted 2009-01-22 13:31:48. We use a filtered Internet service […] The post Adverference? Republished by Blog Post Promoter Working from home today after a bruising few weeks at work (see yesterday’s post!), I finally figured out what was going on with banner ads on my Internet browsing.

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Greenspoon Marder LLP

MAY 12, 2013

According to Copeland, a rhythm and blues singer known professionally as De Rico, he and songwriter Overton wrote the song back in 2009. He alleges that Usher was presented the song by music scouts, and Usher’s mother who was serving as his manager, asked if Copeland would re-record the song and then tour with Usher.

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LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

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43(B)log

AUGUST 9, 2024

Peter Yu (co-author Matthew Sag), The Globalization of Fair Use Standards for AI Copyright Office is interested in whether there will be globalization on training and copyrightability. Group one: fair use. US, Israel (ministry of justice opinion embracing training); Liberia, Malaysia, South Korea, Sri Lanka, Taiwan.

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Kluwer Copyright Blog

MARCH 6, 2023

Examining Gender in Literature A study on the Transformation of Gender examined a collection of over 100,000 novels in the HathiTrust Digital Library collection from 1703 to 2009. HathiTrust, 755 F.3d 3d 87 (2d Cir.

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LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

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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.,

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IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. emphasis original).

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IP and Legal Filings

MARCH 5, 2024

Case study: Apple vs. “Apple iPhone” A Chinese business violated Apple’s trademarks in 2009 by branding their smartphone the “Apple iPhone” This case highlights how difficult it may be to enforce trademark protection internationally on social media, where regional limitations might make it more difficult.

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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.

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43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. The OTW’s nonprofit, volunteer-operated website hosting transformative noncommercial works, the Archive of Our Own, was launched in late 2009.

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SpicyIP

FEBRUARY 27, 2024

On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. Speaking of the virtual world and connected stuff in today’s time, one shouldn’t miss the blockchain.

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LexBlog IP

AUGUST 31, 2022

’ [Simon Carty, Review Of The Defamation Act 2009 ]. Conversely, in Ireland, the Defamation Act 2009 did not expressly provide a “defence in the act of artistic expression, certainly no defence for comedic output or satiric commentary,” according to Simon Carty. Hey, What’s The Punch Line ? Some Final Thoughts.

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43(B)log

AUGUST 8, 2024

Mark Bartholomew, Publicity Rights After Warhol Risk that courts will apply Warhol to ROP cases, but transformativeness is the only element in the ROP defense as defined by the California SCt rather than a multifactor fair use test. Congress endorsed an incompletely theorized agreement w/o contents of fair use being defined.

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SpicyIP

JANUARY 27, 2024

E.g. check Namratha’s post on CovEducatio and Fair Use and Divij’s take on the Legality of Digital Libraries in a Lockdown. Maybe it’s my fear of The Income Tax Act, which, borrowing from Prashant’s 2009 post , “sends shivers down my spine for more than one reason.” At least, not for me.

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Technology & Marketing Law Blog

JANUARY 14, 2025

Capitol Records (the successor to EMI) sent its first cease-and-desist letter to Vimeo in 2008 and sued Vimeo for copyright infringement in 2009. Plaintiffs argument goes too far; it would require Vimeo employees to assume that uses of copyrighted material are never fair use.” Yes, this is a 15-year-old lawsuit.[FN]

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The IPKat

DECEMBER 9, 2022

Truth be told, the answer is simple – use of a copyright work requires its rightholder’s permission, unless an exception is applicable. Politicians keep using the “fair use” defence, arguing that the political use of the works serves a noncommercial purpose or falls within the parody exception.

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Technology & Marketing Law Blog

JANUARY 27, 2022

The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Previous year-in-review lists from 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. Yay, we got our first Supreme Court opinion interpreting the CFAA.

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Technology & Marketing Law Blog

JANUARY 24, 2023

Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. 1203 (2022) How Santa Clara Law’s “Tech Edge JD” Program Improves the School’s Admissions Yield, Diversity, & Employment Outcomes (in process), __ Marq.

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