Copyright Lately

DECEMBER 29, 2021

Last year, it was the Ninth Circuit’s reversal of a pleading-stage dismissal by Central District of California Judge Consuelo Marshall, which (correctly in my view) found that similarities in stock and unprotectable pirate genre elements such as battles at gunpoint and jewel-filled caves couldn’t support a viable copyright infringement claim.

Copyright 113

Copyright Fair Use Social Media Copying 113

IP Intelligence

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.” (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. Goldsmith , 598 S.

Fair Use 105

Fair Use Licensing Art Music 105

Patently-O

DECEMBER 11, 2023

45, to bring enforcement actions aimed at activities, including those involving the training and use of AI, that might involve copyright infringement—although we would note that the copyright consequences of AI are, as yet, undefined. On that point, time will tell. Under governing law, that is a judicial function.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

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

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

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g. Out of interest, I will start by briefly mentioning (without studying the case) the first copyright infringement case Jeff Koons lost, which was brought before a U.S.

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Derivative Work Copyright Law Copyright Law 105

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. Fan sites prompted by a book or film, for example, may benefit the copyright owner.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

BYU Copyright Blog

FEBRUARY 21, 2024

University of Chicago Flies Too High With Aerial Photograph Joshua Potter February 21, 08:37 AM February 21, 08:37 AM On November 15 th , 2023, John Fielding (Fielding) filed a complaint against The University of Chicago (UChicago) for copyright infringement, alleging the unlicensed use of one of his photographs (the Work).

Fair Use 40

Fair Use Copyright Infringement Advertising Advertising 40

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

The IPKat

DECEMBER 20, 2024

Text and data mining exceptions One mechanism permitting data scraping can be found in the text and data mining (TDM) exceptions to copyright infringement which can be found in both the UK and EU. The EU equivalents are contained in Articles 3 and 4 of Directive 2019/790 on Copyright in the Digital Single Market.

Copyright 62

Copyright Government Copyright Law Art 62

SpicyIP

NOVEMBER 10, 2023

First , the amendment seeks to create an artificial distinction between Piracy and Copyright Act. Lokesh, points out here, that the Act avoids defining ‘Piracy’, which normally means copyright infringement. On occasion, an infringing material might be saved by the fair use exemption under Copyright Act ( here ).

Copying 52

Copying Copyright Copyright Infringement Fair Use 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 Art Music 40

SpicyIP

JUNE 26, 2024

Data published by the World Blind Union in 2014 indicated that less than 10% of published material was available in accessible format for persons with visual impairment, and most such material was only available in English, thereby leading to a ‘book famine’.

Copyright 81

Copyright Copying Publishing Cinema 81

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Although NFTs have been around since 2014, their far-reaching, multi-layered legal implications are just now being recognized.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

DECEMBER 20, 2022

The court found the claims of direct, contributory, and vicarious copyright infringement time-barred because plaintiffs didn’t submit evidence of continuing infringement by the moving defendants within 3 years of the filing of the complaint. The similarities in setting, theme, etc. Trademark etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The Indian courts have further clarified this issue. see also Sourav Ganguly vs Tata Tea ).

Personality Rights 59

Personality Rights IP Licensing Copyright 59

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Although NFTs have been around since 2014, their far-reaching, multi-layered legal implications are just now being recognized.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

AUGUST 1, 2023

As a result, courts have recognized three types of liability for copyright infringement: direct infringement (“to do” any one of the five exclusive rights), contributory infringement (“to authorize” another to directly infringe) and vicarious liability (based on the relationship between the direct infringer and the person sought to be held liable).

Blogging 98

Blogging Copying Social Media Copyright 98

LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. 2862 ; Note, [Copyright Reform and the Takings Clause,] 128 Harv. 34,] 51-61[(2014) ]. Cooper, 140 S.Ct. ”); see also Ruckelshaus, 467 U.S.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

IP and Legal Filings

JANUARY 16, 2024

The concept of CDL revolves around the idea of two major doctrines under Copyright law i.e. Doctrine of fair use and doctrine of exhaustion. Doctrine of fair use The concept of CDL has not been per se recognized under Copyright Act, 1957 (“ Act ”). Internet Archive, 542 F.Supp. 1156 (2023). [2]

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Copyright Fair Use Public Domain Copying 98

Copyright Lately

MARCH 6, 2023

Coakley’s threats prompted Wagging Tails—successor to Virtuoso and affiliated with Harvey Berger—to file its breach of contract and copyright infringement lawsuit against Coakley in federal court in Los Angeles. The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Technology & Marketing Law Blog

JANUARY 27, 2022

The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Courts in the Second Circuit keep indicating that various forms of linking may constitute copyright infringement. Yay, we got our first Supreme Court opinion interpreting the CFAA. Mahanoy School District v.

Social Media 145

Social Media Law Privacy Government 145