Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes.

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IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States.

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Fair Use Copyright Law Copyright Intellectual Property 110

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. Prince appealed to the Second Circuit Court of Appeals, which largely reversed that decision in April 2013. 3: The Andy Warhol Ruling. Bottom Line.

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Plagiarism Today

MAY 19, 2022

The case dates back to 2013 when Basil filed a notice of copyright termination on the album and her song. First off today, Pamela Chelin at Variety reports that the 9th Circuit Court of Appeals has granted a significant victory so singer Toni Basil, granting her sole copyright in her 1981 debut album, which included the hit song Mickey.

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Music Licensing Television Fair Use 246

Traverse Legal Blog

OCTOBER 24, 2024

California’s statutory Right of Publicity “requires a plaintiff to prove all the elements of the common law action plus a knowing use by defendant as well as a direct connection between the alleged use and the commercial purpose.” 4th 677, 685 (2013). 3d 1268, 1273 n. 4 (9th Cir. Sony Music Entm’t, Inc. ,

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Social Media Copyright Infringement Copyright Law 98

Patently-O

JANUARY 4, 2024

I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attorneys involved. The court ruled in favor of the defendants, holding that their use of the briefs constituted “fair use” under the Section 107 of the Copyright Act.

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Plagiarism Fair Use Copying Copyright Infringement 124

Plagiarism Today

JULY 8, 2021

In August 2013, the Second Circuit Court of Appeals found that Google could legally scan and enter books into a database for the purpose of creating a search engine. According to the court, Google’s use was transformative enough to be a fair use. Is it so short that its use is a fair use?

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Copyright Fair Use Copyright Infringement Copying 246

Plagiarism Today

AUGUST 17, 2021

This sends the case back to the district court where other defenses, most notably fair use, will have to be weighed next. 3: Microsoft is Looking to Use the Ethereum Blockchain to Prevent Piracy. 2: Eurovision Singer James Newman Wins Copyright Case over Rudimental Hit.

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Reporting Fair Use Plagiarism Licensing 130

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

Likelihood of Confusion

OCTOBER 25, 2024

Originally posted 2013-01-08 13:57:37. Republished by Blog Post PromoterPresident Obama is suffering from the right-of-publicity blues again. And now maybe we understand why he wants an intellectual property anti-counterfeiting lawyer on the Supreme Court — this could rise to the level of an international incident already, Jack!

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Intellectual Property Blogging Fair Use Branding 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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SpicyIP

FEBRUARY 3, 2025

Is training of GenAI models fair use? Prabha Sridevan, Judge, MHC (2000-2010) and Chairperson, IPAB (2011-2013) was recently interviewed by SpicyIP Doctoral Fellow Malobika Sen as part of her doctoral research. Taking Stock of ANI vs OpenAI Copyright Litigation- Part II How exactly does a LLM learn from training data?

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Copyright Litigation Trademark Copyright Infringement 95

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. 2013: [link].

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Patently-O

AUGUST 31, 2021

Although the Supreme Court eventually sided with Google on fair use grounds, it did not disturb the Federal Circuit’s copyrightability decision that strongly supported copyright protection even for functional software. 1821 (2013). Now the other-side has had its chance to respond, including substantial amicus support.

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

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JIPEL Copyright Blog

APRIL 11, 2022

Outside of consent from the original work’s author, the best legal defense for appropriation art is the doctrine of fair use. Ultimately the Second Circuit concluded that a proper transformation under fair use occurs when the secondary work displays more than the user’s artistic style imposed on the original author’s work.

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Art Copyright Law Fair Use Copyright 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

The IPKat

OCTOBER 12, 2022

An international bestseller, it was the focus of a publishers' bidding war at the 2013 London Book Fair.[2] The Wikipedia entry begin as follows— For the 2003 novel, see The Miniaturist (Kunal Basu novel)." The Miniaturist is the 2014 debut novel of English actor and author Jessie Burton. So, there it is.

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Law Trademark Public Domain Licensing 127

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. Lacuna: Copyright Act. In Authro Guild v.

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Copyright Contracts Copying Licensing 98

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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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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Likelihood of Confusion

OCTOBER 28, 2024

Originally posted 2013-02-06 13:58:13. Republished by Blog Post PromoterWho but the ultimate trademark pig the NFL would make unwilling third parties endorse their sponsors? Makes me want to throw a SUPER BOWL PARTY! The post The ugly side of branding appeared first on LIKELIHOOD OF CONFUSION™.

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Likelihood of Confusion

JUNE 18, 2024

Originally posted 2013-11-06 15:06:53.

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Likelihood of Confusion

MARCH 4, 2022

Originally posted 2013-01-13 22:41:32. I’ve already written about what they’re writing about it, and now, so has Victoria Pynchon. Republished by Blog Post Promoter. The post More on virtual infringement appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Fair Use IP 52

IPilogue

AUGUST 3, 2021

Thankfully, after endless lobbying from thousands of dedicated fans, Nintendo eventually re-released Earthbound for the Nintendo WiiU Virtual Console in 2013 and for the Nintendo 3DS in 2016—a move that finally allowed fans legal and affordable access to the game.

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Copyright Music Licensing Copying 111

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

43(B)log

SEPTEMBER 2, 2021

It allegedly used its Punchbowl mark since April 2006, and it has a 2013 registration for “Punchbowl” in connection with online communications services. Use of a mark, even a well-known mark, isn’t explicitly misleading if it only implicitly suggests endorsement or sponsorship.

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The Art Law Blog

MARCH 27, 2021

That's how I ended my post on the Second Circuit's Prince-Cariou decision, back in 2013. One was that " this Judge saw this particular use as transformative. On this reading, there's still no way to have any confidence about how any given fair use case will be decided." More commentary as it comes in.

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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. An amendment to the copyright statute is only one of them. 19 Courts will also play their customary role. & Tech.

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Derivative Work Copyright Moral Rights Copyright Law 52

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]. art I, § 8, cl.

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Copyright Infringement Copyright Intellectual Property Blogging 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

BYU Copyright Blog

MARCH 18, 2024

The main issues the court needed to decide on were Hoilands arguments that Wilder did not have a valid copyright to claim infringement, and, if Wilder did have a valid copyright, that Hoilands use was a fair use. As for the affirmative defense of fair use by Hoiland, the court analyzed the four factors.

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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

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Litigation Intellectual Property Art Fair Use 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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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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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. “The Conjuring” (2013). New Line successfully moved for a preliminary injunction to block the video’s release.

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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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