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.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

Plagiarism Today

JULY 8, 2021

The most vocal critics were in the open-source programming community , who were upset that GitHub trained their AI on significant amounts of open-source code and can even reproduce that code verbatim in some circumstances, but does not follow the respective open-source licenses. Is it so short that its use is a fair use?

Copyright 212

Copyright Fair Use Copyright Infringement Copying 212

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.

Fair Use 80

Fair Use Design Designs Licensing 80

The IPKat

OCTOBER 12, 2022

An international bestseller, it was the focus of a publishers' bidding war at the 2013 London Book Fair.[2] One should distinguish this from a situation where the book title is wholly descriptive, e.g., a book entitled "Patent Licensing". International license. So, there it is. It was sufficient, until it wasn't.

Law 126

Law Trademark Public Domain Licensing 126

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.

Copyright 97

Copyright Contracts Copying Licensing 97

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

Government 141

Government Related Rights Copyright Law 141

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. How Does Sony Fit into This?

Copyright 111

Copyright Music Licensing Copying 111

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. While Goldsmith had licensed the Prince photograph to be used by Andy Warhol for a piece commissioned by Vanity Fair in 1984, the license ended there. Prince , 714 F.3d

Art 52

Art Copyright Law Fair Use Copyright 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. This is demonstrated by corporations repeatedly using memes and meme culture, albeit to varying degrees of success.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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

Fair Use 52

Fair Use Trademark Copyright Editing 52

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.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

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.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

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.

Fair Use 40

Fair Use Art Marketing Marketing 40

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

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.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Intepat

SEPTEMBER 27, 2024

filed a copyright infringement lawsuit against Rameshwari Photocopy Service and the University of Delhi for allegedly infringing their copyrighted content and distributing the course packs without any license from the publishers. Section 52(1) (i) is a key provision that highlights the importance of fair use in education.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52

Velocity of Content

DECEMBER 4, 2024

Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. 785, 851 (2013) (“By copying a master’s work, the ‘pupil’ might at least get a glimpse of the great author’s mind, which would seem like a normatively desirable process.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

SpicyIP

DECEMBER 20, 2023

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. To get an overall picture, see Prashant’s post “ The Rs. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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. Warhol was never personally a party to the license). 21-869 (2022).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

LexBlog IP

JANUARY 5, 2022

But the Texas courts found no taking, reasoning that nothing was taken from the photographer as he still had the right to use, and license others to use, his photographs. ” When a governmental entity infringes, it is using the inventor’s, or the author’s, creation without license or payment.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

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? Yet the company is aggressive against anyone using that term.

Trademark Law 75

Trademark Law Law Trademark Registration 75

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. ,

Social Media 98

Social Media Copyright Infringement Copyright Law 98

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?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

SpicyIP

JANUARY 27, 2024

Basheer’s December 2013 post , Rahul was a dedicated campaigner, though his physical departure preceded the realization of his efforts into law. In 2013, the Agreement was reached on the Treaty for the Visually Impaired! As noted in Prof. See also Swaraj’s post on this. In 2014, India signed and ratified the treaty.

IP 64

IP Licensing Copyright Blogging 64

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.

Law 122

Law Social Media Government Privacy 122