Kluwer Copyright Blog

APRIL 22, 2024

Furthermore, it is debatable whether the creation of NFTs can be considered “fair use”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.

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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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Technology & Marketing Law Blog

JANUARY 25, 2023

While there, he preset the settings on his phone camera (including shutter speed, white balance, ISO, metering type, and exposure value) and asked friends or bystanders to use his phone to take photos of him with celebrities. In 2012, the FBI arrested Shah for extortion, which sparked news coverage.

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SpicyIP

FEBRUARY 3, 2025

Is training of GenAI models fair use? The Court ruled that since the agreement in question was signed in 1980, the Copyright Amendments made in 2012 did not apply to the case in question. Read Bharathwaj Ramakrishnans first part of his two part post where he analyses the issues framed by the Delhi HC in ANI vs OpenAI.

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Velocity of Content

DECEMBER 4, 2024

20 As of this writing more than two dozen court cases were pending in the United States and elsewhere to determine in particular the scope of exceptions such as fair use in the United States or the 2019 EU Directive. Annemarie Bridy, Coding Creativity: Copyright and the Artificially Intelligent Author , 2012 Stan. 5, 12 (2012).

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IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). Osgoode Hall’s Professor Giuseppina D’Agostino’s comparative analysis of Canadian, UK, and American fair use/dealing: [link].

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The IPKat

FEBRUARY 20, 2024

The Court referred to a 2012 decision of the Spanish Supreme Court in the Google case ( Sentencia no.

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Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2012: [link].

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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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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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Copyright Fair Use Copyright Law Copyright Infringement 96

Likelihood of Confusion

APRIL 17, 2022

More pain, very little gain — besides for lawyers’ college funds — in the roiling world of trademark fair use. Originally posted 2012-09-10 06:00:30. The post Unfair use appeared first on LIKELIHOOD OF CONFUSION™. Republished by Blog Post Promoter.

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Michael Geist

FEBRUARY 21, 2023

The groups claim they have stopped doing so as a result of 2012 copyright reforms that added “education” to the list of fair dealing purposes. From a legal perspective, they mislead by suggesting that the 2012 reforms are the focal point for current copyright practices and that universities have based their policies on those reforms.

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Kashishipr

JUNE 9, 2021

The court agreed that the defense of fair use might be available in a given case to an individual user; however, the “activities of Wynk can never be termed as ‘private’ or ‘personal use’ or research,” and that it is selling/commercially renting the sound recordings. Conclusion.

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IP and Legal Filings

JULY 21, 2022

The most universal limitations to the rights of the owner are the right to copy insubstantial parts and the right of fair dealing or use. Here, the Fair use doctrine does not define any boundary within which anything can be put, the list can be endless. No educational institution applied for any licenses till now.

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Likelihood of Confusion

OCTOBER 24, 2024

Originally posted 2012-02-23 13:50:40. Republished by Blog Post Promoter And that’s why the U.S. District Court issued a restraining order in the Palin vs. Gawker copyright lawsuit. Hat tip to Instapundit. UPDATE: Issues laid out, nice and neat, at the Duets Blog. UPDATE: Lawsuit settled. Not that doing so helped Gawker.

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Copycense

OCTOBER 11, 2012

On October 10, 2012, Judge Harold Baer issued a 23-page decision that held, among other things, that HathiTrust's activities are consistent with the fair use provisions of the Copyright Act of 1976. The remainder of this post summarizes the key holdings from the decision.

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Likelihood of Confusion

OCTOBER 30, 2021

Originally posted 2012-02-13 11:03:00. Did you ever contemplate the grand institution of karaoke and ask, hey, how do they do that? Copyright-wise, that is? Don’t wonder any more. Republished by. The post No jokey! appeared first on LIKELIHOOD OF CONFUSION™.

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Likelihood of Confusion

FEBRUARY 22, 2024

Originally posted 2012-11-28 10:06:07. Real judicial fiber here — cleans the whole system out, right down the line. Via @EricGoldman, by way of TechDirt. UPDATE: More detail. But maybe we got a bit “a head” of ourselves?

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IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

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IIPRD

SEPTEMBER 29, 2022

. • Definition Of use In It Age, the authors hold exclusive rights in their works for a particular term subject to the right to use work for fair use. The definition of ‘fair use varies from jurisdiction to jurisdiction.

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SpicyIP

FEBRUARY 23, 2025

Akshat Agrawal and Sneha Jain argue that the Court has made a flawed originality analysis, misapplied infringement standard, and inadequately considered merger and fair use defences. Interestingly, Judge Bibas has changed his position from his initial 2023 opinion in the same case.

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Intepat

SEPTEMBER 27, 2024

Everything was going well until 2012 when University Press, Cambridge University Press (UK), and Taylor & Francis Group (UK), as well as Cambridge University Press India Pvt. On October 17, 2012, the Delhi High Court issued an interim injunction that halted Rameshwari Photocopy Service from producing or selling the crucial course packs.

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SpicyIP

FEBRUARY 23, 2025

Akshat Agrawal and Sneha Jain argue that the Court has made a flawed originality analysis, misapplied infringement standard, and inadequately considered merger and fair use defences. Interestingly, Judge Bibas has changed his position from his initial 2023 opinion in the same case.

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Kluwer Copyright Blog

DECEMBER 12, 2023

The US’ fair use provision seems most permissive (at least until current litigation is resolved), followed by the Japanese provision on TDM under Article 30-4 that allows use of works for non-enjoyment purposes ( see here ). If there were to be a broader E&L, then what should be the design of such a framework?

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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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JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. 511, 523 (2012). Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] vii] Deidrè A. viii] See, e.g., Lee J.

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Kluwer Copyright Blog

OCTOBER 11, 2022

The first Indian judgment to apply the ‘de minimis’ principle in the field of intellectual property was the decision of the Division Bench of the Delhi High Court in the year 2012 in the case of India TV Independent News Service Pvt. Ltd & Ors. Yashraj Films Private Limited. News Nation Network Private Limited.

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IIPRD

APRIL 8, 2024

Accusations of copyright infringement have come up in recent times by creators, however the way generators like stable diffusion function, they transform these images to an extent where they appear to be a new creation, such nature and the application of the fair use doctrine appears to be an alternate legal argument for these apps.

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Kluwer Copyright Blog

JANUARY 20, 2022

In 2012, US NASA’s robotic rover touched down on Mars. It was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art.

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IP and Legal Filings

JANUARY 13, 2023

The Delhi High Court Division Bench was concerned with two combined cases in the 2012 India TV Independent News Service v. In the first instance, the plaintiff claimed that the defendants had appropriated the opening line of the well-known Bollywood song “Kajra Re Kajra Re” for use in a television commercial.

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Copyright Infringement Copyright Copyright Law Journalism 52

SpicyIP

JUNE 26, 2024

Fair Dealing under Copyright Law The Copyright Act was amended in 2012 to include an exception to the copyright of authors with respect to accessibility through section 52 (1)(zb). The Treaty represented a significant step towards making books available to everyone in accessible formats such as Braille, audio or large print.

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The IPKat

OCTOBER 18, 2021

by Desmond Oriakhogba Sometime in 2012, Nigeria began the process of reforming her over three-decade old copyright law. Here is what Desmond says: Nigeria quietly, but surely, embracing balance, openness and flexibility in her copyright regime? The extant Copyright Act was enacted in 1988, with some amendments in the early and late 90s.

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43(B)log

AUGUST 12, 2021

MercExchange In 2012, study found eBay ignored/ineffective in © cases; cited in only 11% of cases; applied in a cursory way; continued to grant injunctions at high rates. Why such different results from Liu’s 2012 study? Jennifer Rothman: the disallowed use is most likely to be fair use.

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SpicyIP

JULY 22, 2023

It suggests that while fair use laws do permit the use of copyrighted material without the owner’s permission, ongoing legal disputes could disrupt this status quo; which brings uncertainty to the future of AI model training. It further notes that India ranks 8 th in AI patents, and 4 th in terms of AI scholarly papers.

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43(B)log

MAY 2, 2022

30,000 Chanel labels, stickers, and authenticity cards bearing unique serial numbers were stolen from its Renato Corti factory in 2012. It can use its system to determine whether the type, color, and characteristics of an alleged product correspond with those of the genuine product Chanel manufactured and sold under that serial number. “But

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SpicyIP

DECEMBER 30, 2023

The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision. Ltd and Indian Performing Rights Society Ltd. Music Broadcast Ltd. Acko General Insurance.

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IP Copyright Trademark Intellectual Property 124

LexBlog IP

SEPTEMBER 29, 2022

In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. Canada— Since the 2012 Federal Court decision in Metro-Goldwyn-Mayer v Attorney General Of Canada ( T-1650-10), sound marks have been registrable in Canada, as noted here ; and. 3137680), the lightsaber sound from Star Wars (as Reg.

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