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Photographs Taken 91 Years Ago Still in Conflict Today

IPilogue

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. De Fontbrune held the position that the estate did not have the power to approve such use.

Fair Use 105
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Takedown Services Under Copyright Law

IP and Legal Filings

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

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The Interplay of Personality Rights and Freedom of Expression- the Jackie Shroff’s Case’

IP and Legal Filings

Using someone else’s identity without their consent violates both their personality rights as well as their right to privacy. Network Solutions Private Limited and Ors Case (2011) , the Hon’ble Delhi High Court noted that an individual’s online reputation or popularity is a reflection of their real life. In Ar un Jaitley v.

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Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Kluwer Copyright Blog

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. copyright law.

Fair Use 136
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Why SNL’s “Muppets” Parody Had Even the Media Fooled

Copyright Lately

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Did SNL go too far?

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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UK Government axes plans to broaden existing text and data mining exception

The IPKat

As it is discussed at greater length elsewhere ( here ), TDM is an example of an area in which legislative intervention has been broadly justified by reference to the need of freeing up certain copyright-covered spaces to facilitate research and increase innovation and competitiveness.