Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use. This time, in 2013, the judgement in favour of Cairou was overturned.

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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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Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. Tattoos, however, is only recently being taken seriously and is being considered to fall under the ambit of copyright protection.

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Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. Tattoos, however, is only recently being taken seriously and is being considered to fall under the ambit of copyright protection.

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SpicyIP

JULY 22, 2023

The report focuses on strengthening the AI system through predictability, trust, fairness and transparency, and does not really make an elaborate mention of IP issues in this regard. Surprisingly, here the report does not mention any protection (or lack thereof) within the IP laws of the country.

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Plagiarism Today

SEPTEMBER 28, 2021

” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. As for the case itself, it was settled in 2011 with neither side surrendering their position. He was ultimately fined and sentenced to two years probation for it.

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TorrentFreak

AUGUST 19, 2021

The Internet Archive (IA) sees things differently, noting that its ‘Controlled Digital Lending’ process operates for purposes including preservation, access and research, therefore meeting ‘fair use’ standards. In parallel, IA believes its liability is limited due to the safe harbor provisions of the DMCA.

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Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

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LexBlog IP

NOVEMBER 30, 2022

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. Harvard and Yale both seem to be testing their luck in using THE in connection with college sports clothing and hats. ” Id.

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The IPKat

APRIL 4, 2025

In the UK, copyright debates came to a head in 2011 with the Hargreaves Report. The presumed assumption was that Googles dominance had benefited from fair use exceptions in US copyright law, which the UK lacked. Spotify licenses whole catalogues). And the licensing market for Beyonc is likely to be much smaller.

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SpicyIP

JANUARY 27, 2024

National Pharmaceutical Policy(ies) and Pricing of Drugs – In 2011, this month, Shan Kohli discussed the Draft National Pharmaceuticals Policy which sought to establish a regulatory framework for drug pricing. E.g. check Namratha’s post on CovEducatio and Fair Use and Divij’s take on the Legality of Digital Libraries in a Lockdown.

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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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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

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