Velocity of Content

JANUARY 7, 2025

The fair use debate in the United States is likely to continue for several years until one or more Supreme Court opinions shed additional light on the issue. While LLMs are a significant and new technology and may be capable of multiple non-infringing uses, not every use of them with copyrighted material is transformative.

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Copyright Licensing Fair Use Journalism 52

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

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Fair Use Design Designs Licensing 88

Patently-O

AUGUST 31, 2021

The software at issue here is most aptly described as a programming language that consists of a set of functions & options that the plaintiff calls “input formats” used to produce formatted reports. 1821 (2013). In addition, SAS argues that the formatting of the reports is also copyrighted. Landes & Richard A.

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

IP and Legal Filings

FEBRUARY 9, 2023

Marrakesh Treaty Marrakesh Treaty was adopted on June 27, 2013, to facilitate access to published works for people who are Blind Persons, Visually Impaired Persons, or Print Disabled (hereinafter beneficiary) who refrains from indulging in any printed form of copyrighted work. [iii] Lacuna: Copyright Act. In Authro Guild v.

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Copyright Contracts Copying Licensing 98

Velocity of Content

DECEMBER 4, 2024

14 It can be argued that the massive copying of protected works to train and fine-tune LLMs constitutes a significant market for licensing, a matter to which the article returns below. LSB10922, Generative Artificial Intelligence and Copy. ↩︎ It is not necessary to show that the defendant intended to copy a specific work.

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Derivative Work Copyright Moral Rights Copyright Law 52

SpicyIP

OCTOBER 11, 2021

As such intermediary liability for copyright continues to exist a strange twilight zone of ambiguity despite a recent revamp of rules for social media and other online intermediaries.

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Copyright Social Media Copyright Infringement Copyright Notice 105

SpicyIP

JUNE 26, 2024

On a broad reading, there seems to be an obvious conflict of two areas of law, where the RPwD Act mandates fundamental access to all content but the Copyright Act grants the author the right to control how their works are copied. It is necessary to note that the original work that is converted into an accessible copy must be acquired legally.

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Copyright Copying Publishing Cinema 81

IPilogue

AUGUST 3, 2021

Copies of the game along with a gamer’s guide packaged in special extra-large cardboard boxes sat unsold on shelves for months. Due to low sales ( under 150,000 copies sold in North America), the game remained a hidden gem for years until Earthbound ’s main character Ness appeared in the popular 1999 fighting game Super Smash Bros.

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Copyright Music Licensing Copying 111

The IPKat

FEBRUARY 3, 2023

Especially in the aftermath of a 2013 stakeholder-led dialogue, Licences for Europe, scientific, technical, and medical publishers included TDM for non-commercial purposes in their subscription licences for academic institutions and developed common infrastructures to facilitate access to the content to be mined.

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Government Related Rights Copyright Law 141

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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Blogging Copyright Contracts Cease and Desist 98

IP and Legal Filings

APRIL 19, 2022

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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Copyright Law Copyright Law Copyright Infringement 97

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. i] Kelsey Skager, What are Memes & Can You Use Them in Marketing? 29, 2013), [link]. [ii] 1, 2013), [link]. 511, 523 (2012).

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Copyright Infringement Copyright Intellectual Property Blogging 98

Intepat

SEPTEMBER 27, 2024

In March 2013, over 309 renowned authors and academics from around the world wrote to the publishers, urging them to withdraw the lawsuit. Argument by the parties Plaintiff The plaintiff contended that by printing scanned copies of their published books, Rameshwari Photocopy Service had infringed upon their copyright.

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Intellectual Property Publishing Copyright Law Copyright 52

Patently-O

SEPTEMBER 17, 2023

2013) (“[The accused infringer] has in fact scrupulously avoided such confusion by choosing a starkly different logo that it prominently displays on its [products] and on all its sales and marketing literature.”). What that means is that design patents are often used to protect brand identifiers as commercial source signifiers.

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Design Patent Patent Infringement Designs Design 72

43(B)log

DECEMBER 18, 2023

As for intent, while MiTek did use some names identical to those first used by Simpson, “the Court is not persuaded that MiTek did so with the intent to confuse the relevant audience, but rather because the names described well the connector at issue.” California UCL: same. But it doesn’t matter.

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False Advertising Advertising Advertising Copyright 64

IP and Legal Filings

JANUARY 13, 2023

Wilmot Storage Services [2] , the court laid down the scope and extent of de minimis while stating that it can be used in matter of copying of the copyrighted content instead of just a mere display of such work. The defence only applies to the extent of a plaintiff’s copyrighted work’s usage, not how the defendant uses it.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

SpicyIP

DECEMBER 20, 2023

Around a decade ago, Google was caught in some similar controversy over its Google Books Library Project where its use was held permissible under fair use. Feels like history is repeating itself. For those aware, under the Google Books Library project, Google scanned over twenty million books, including copyrighted works.

Personality Rights 58

Personality Rights IP Licensing Copyright 58

Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

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Fair Use Licensing Copying Artwork 98

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Could we do something similar in ornamentality?

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Trademark Law Law Trademark Registration 75

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] 9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v.

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Fair Use Derivative Work Art Licensing 97

Copyright Lately

SEPTEMBER 20, 2024

But don’t call it copyright infringement—at least not in the case of Miley Cyrus’s 2023 smash hit “Flowers,” which is a thinly-veiled rejoinder to the 2013 Bruno Mars song “When I Was Your Man.” In the meantime, here’s a copy of the complaint to read while you’re busy holding your own hand.

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Copyright Music Fair Use Art 117

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. Nathan, F.Supp.3d 3d -, 2022 WL 4591905, No. 18-CV-5930 (MKB) (E.D.N.Y.

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43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

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Copyright Fair Use Privacy Derivative Work 59

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

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Copyright Cinema Copying Copyright Infringement 145

LexBlog IP

AUGUST 31, 2022

” That city’s status has changed, at least a bit, because of the [UK] Defamation Act 2013 , which requires, under Section 1(1) that the allegedly defamatory words go beyond being capable of injuring the subject—they must, have caused or be likely to cause “serious harm” to the reputation of the claimant.

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Fair Use Trademark Moral Rights Law 52

LexBlog IP

JUNE 27, 2023

” She continued: “ today’s decision—all the majority’s protestations notwithstanding—leaves our first-factor [for fair use] inquiry in shambles.the majority plants itself firmly in the ‘I could paint that’s school of art criticism.’” ’” Take that. Prince , 714 F.3d

Litigation 52

Litigation Intellectual Property Art Fair Use 52

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. by Dennis Crouch. Goldsmith , Docket No. 21-869 (2022). 3d 694 (2d Cir.

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Fair Use Copyright Derivative Work Art 134

LexBlog IP

JANUARY 5, 2022

339, 347 (1908) (recognizing that copyright “is an exclusive right to the multiplication of the copies, for the benefit of the author or his assigns, disconnected from the plate, or any other physical existence. ”), but see Bobbs-Merrill Co. Straus , 210 U.S. 1073 (2019). John’s River Water Mgmt. District , 133 S.Ct.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why.

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Copyright Social Media Plagiarism Fair Use 52

Intepat

APRIL 11, 2025

Rule 75 of the Copyright Rules, 2013 outlines the essentials of a takedown notice. Preparation of a Takedown Notice: The takedown notice, as per Rule 75 of the Copyright Rules, 2013, typically includes: Detailed description of the copyrighted work or trademark. Specific URLs of the infringing content.

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IP Social Media Due Diligence Intellectual Property 52

Copyright Lately

APRIL 6, 2025

But Vances lawyer ignored the court’s order and filed a summary judgment motion on issues the court had expressly ruled off limitsownership, access, and copying. Miley Cyrus is facing a copyright lawsuit that claims her 2023 hit Flowers copies elements from Bruno Marss 2013 song When I Was Your Man. Ross Intelligence.

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Editing Copyright Cease and Desist Music 62