Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use.

Copyright 58

Copyright Fair Use Copyright Infringement Ownership 58

Copyright Lately

DECEMBER 29, 2021

Relying on the server test , Sinclair unsuccessfully argued that it and its affiliates didn’t infringe the copyright in Nicklen’s video because they only embedded it on their websites from Instagram or Facebook, as opposed to maintaining a copy of the video on a Sinclair-controlled server. Wilmott Storage Services.

Copyright 113

Copyright Fair Use Social Media Copying 113

Technology & Marketing Law Blog

MARCH 15, 2022

Plus, the court says Fuxi had a legitimate motivation to send takedown notices because “Copyright holders have an obligation to police the field where their marks may be used and to give notice to potential infringers in order to preserve their rights.” New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

Technology & Marketing Law Blog

JUNE 8, 2024

In 2014, the defendant launched a website called “The Texas Tamales Warehouse” but was driven off of that. Still, there should be many circumstances where descriptive fair use permits the defendant to use the term “Texas tamale” in the ad copy. ” That prompted this litigation.

Trademark 100

Trademark Advertising Advertising False Advertising 100

SpicyIP

NOVEMBER 10, 2023

Therefore, takedown orders cannot be directed against infringing copy of content hosted on OTT platforms. Institutional Mechanism of Nodal Officers: Learning from the Past The ‘Statement of Object and Reasons’ 2023 Act mentions the attempt to ‘curb the menace of film piracy by transmission of unauthorised copies on the internet.’

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. Becker has held 10% copying to be fair use in most cases, on top of the flexible ‘ Amount & substantiality ’ factor test in its fair use doctrine.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

IP and Legal Filings

FEBRUARY 9, 2023

[iii] This treaty also directs for permission of use, without authorization of the copyright holder over such accessible formats of copyrighted copies, which should be non-commercial lending & may comprise of electronic communication. Lacuna: Copyright Act. In Authro Guild v. 3d 87 (2d Cir. first appeared on IPLF.

Copyright 82

Copyright Contracts Copying Licensing 82

The IPKat

FEBRUARY 3, 2023

Further to the UK departure from the EU and the obvious fact that the UK did not transpose the DSM Directive into its own law, a debate emerged as to whether the scope of the 2014 E&L should be broadened. The introduction of a specific E&L for TDM has also featured in Hong Kong copyright reform discourse [see IPKat here ].

Government 141

Government Related Rights Copyright Law 141

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

Fair Use 52

Fair Use Licensing Art Music 52

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. emphasis original).

Fair Use 40

Fair Use Licensing Music Art 40

Kluwer Copyright Blog

FEBRUARY 2, 2023

Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI. Parody, pastiche and caricature The EU’s harmonised copyright exceptions for parody, pastiche and caricature ( introduced into UK law in 2014) was tested in the UK , France and Italy.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act. Petrella v.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

SpicyIP

DECEMBER 20, 2023

In 2014, the Bombay High Court restrained the singer Mika Singh and the recording label OCP Music from publishing an advertisement that impinged Sonu’s personality rights. 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.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

43(B)log

MAY 22, 2023

From 2014-2018, the posts at issue used revealing photos of the plaintiffs against ad copy linked thematically to the visual, e.g., a picture of one plaintiff “in an apparent school uniform that included a short plaid skirt, captioned: ‘Friday Oct 17th SEXY SCHOOL GIRL PARTY!

False Advertising 48

False Advertising Social Media Advertising Advertising 48

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. Financial issues would soon complicate the case, however.

Copyright Infringement 93

Copyright Infringement Copyright Fair Use Licensing 93

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. So too with unjust enrichment, which was based on defendants’ copying.

Fair Use 52

Fair Use Trademark Copyright Editing 52

The IPKat

AUGUST 6, 2023

originality, what is idea and what is expression, what are the elements of and standards for substantial similarity and in the USA, fair use. Order your copy now. These foundational issues have kept black robed people busy for centuries and will continue to do so. Similar modesty would serve both the CJEU well along.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

LexBlog IP

JANUARY 5, 2022

34,] 51-61[(2014) ]. 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. .”); see also Ruckelshaus, 467 U.S. at 1011, 104 S.Ct. ” Andrus v. Straus , 210 U.S.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

AUGUST 31, 2022

Sullivan: No Joking Matter-50 Years Of Protecting Humor, Satire And Jokers ,” 12 First Amendment Law Review 497 (2014) (quoting Gerald C. ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. ” [Gutterman, “ New York Times Co.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

Copyright Lately

MARCH 6, 2023

.” Coakley DM to Harvey Berger (from court files) After Coakley’s monetary demands were refused, Berger received an email from an unknown individual claiming to be a “friend” of Coakley’s, who threatened that a copy of Runt would be “leaked online” if Coakley’s pilot project wasn’t funded.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80