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.

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Copyright Fair Use Cease and Desist Litigation 134

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 ”). One needs to see on what principles libraries can justify CDL.

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Copyright Fair Use Public Domain Copying 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. 2014), a district court judge addressed the issue of copyright infringement in the context of legal briefs. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

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Plagiarism Fair Use Copying Copyright Infringement 124

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.

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Fair Use Licensing Art Music 105

Likelihood of Confusion

MARCH 3, 2025

Originally posted 2014-08-04 15:23:44. Republished by Blog Post PromoterJudges — especially in the Eastern District of New York — are picking up what’s going on in the “elite salons” end of the trademarks-as-distribution-method-enforcement scam. Ever hear of Quality King?

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Blogging Trademark Fair Use 52

43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. But fair use protects precisely this kind of analysis. Separately, Apple’s free dissemination of iOS strongly favors fair use here. Patton, 769 F.3d 3d 1232, 1256 (11th Cir.

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Derivative Work Fair Use Copying Copyright 90

Copyright Lately

DECEMBER 29, 2021

Instead of directly deciding whether the Java API declaring code copied by Google to create its Android smartphone platform was even subject to copyright protection in the first place, the court shoehorned the copyrightability question into a fair use analysis. Wilmott Storage Services.

Copyright 123

Copyright Fair Use Social Media Copying 123

TorrentFreak

MARCH 7, 2023

“I run this account since 2014 without earning any money from it for pure educational purposes. “I was hit by DMCA tens of times since 2014 and I was suspended once for 3 weeks. “I run this account since 2014 without earning any money from it for pure educational purposes. On the other hand he has a business.

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Copyright Copying Business Licensing 145

Copyright Lately

JULY 15, 2024

In 2014, the group won a $1.7 million copyright infringement verdict when Monster Beverage used several Beastie Boys songs in a promotional video. Earlier that year, they settled another lawsuit after GoldieBlox used the song “Girls” in a toy ad.

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Social Media Music Fair Use Copyright Infringement 103

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.

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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.

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Copyright Fair Use Copyright Infringement Ownership 64

The IPKat

JULY 7, 2024

In particular, these paintings question Tintin’s love life and have been exhibited and sold since 2014. This is all the truer given that there is no such thing as fair use under French or EU law. In 2015, Moulinsart and Hergé's widow sued Marabout before the TGI of Rennes for copyright infringement and parasitism.

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Derivative Work Copyright Infringement Copyright Fair Use 128

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. 2014: [link].

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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 123

Copyright Infringement Copyright Fair Use Licensing 123

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.

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Copyright Art Registration Fair Use 145

SpicyIP

JANUARY 31, 2025

The law school was established in 2014, inheriting the splendid novelty, dynamism and excellence in education of Symbiosis International (Deemed) University, Pune. Analysing the impact of Indian copyright law on fair use in academic and critical writing. The challenges of protecting literary works in the digital age.

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Blogging Intellectual Property Journalism Social Media 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.

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Copyright Fair Use Copyright Law Copyright Infringement 96

SpicyIP

JULY 29, 2021

Secondly, imposing a straightjacket 10% limit is patently absurd as DU Photocopy had explicitly upheld the reasonable-nexus approach to determine permissible amount of copying (previously suggested by Prof Basheer ): ‘ utilization of the copyrighted work would be a fair use to the extent justified for purpose of education ’ (para 33, Div.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

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 112

Music Derivative Work Fair Use Cease and Desist 112

Intellectual Property Law Blog

JUNE 20, 2023

Thus, copyright questions implicated by generative AI ( e.g. , fair use), which have received the most significant press attention so far, are not the only pivotal intellectual property issues that require policy level attention. 208 (2014)? CLS Bank International, 573, U.S.

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The IPKat

OCTOBER 12, 2022

The Miniaturist is the 2014 debut novel of English actor and author Jessie Burton. An international bestseller, it was the focus of a publishers' bidding war at the 2013 London Book Fair.[2] Gnawed at by this uncertainty, this Kat did a quick check online for "The Miniaturist".

Law 127

Law Trademark Public Domain Licensing 127

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Court of Appeals for the Second Circuit rejected Jeff Koons’ fair use argument ( section 107 of the Copyright Act 1976 ) based on parody ( Rogers v. The Centre Pompidou Museum presented ‘Naked’ in 2014 in the framework of a retrospective exhibition of the work of Jeff Koons in Paris. Koons , 960 F.2d 2d 301, 2d Cir.

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Derivative Work Copyright Law Copyright Law 111

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. McNeil case.

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Greenspoon Marder LLP

JANUARY 9, 2017

On July 26, 2014, a fan-made Star Trek associated short film entitled “Prelude to Axanar” made its public debut at the San Diego Comic-Con convention. One major area of dispute between the parties is whether Axanar’s works fall under copyright law’s “fair use doctrine.” By: Sharon Urias, Esq.

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Fair Use Derivative Work Settlement Copyright 52

Likelihood of Confusion

SEPTEMBER 23, 2024

Originally posted 2014-05-23 12:53:57. Republished by Blog Post PromoterThe District of Arizona ruled today in a case we defended through trial and have reported on here extensively.

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Designs Design Law Blogging 52

43(B)log

AUGUST 9, 2024

2014: ECJ said that the court didn’t need to designate technical measures—could order an outcome prohibition; transmission entities have to effectively achieve site-blocking. Group one: fair use. US, Israel (ministry of justice opinion embracing training); Liberia, Malaysia, South Korea, Sri Lanka, Taiwan.

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Fair Use Moral Rights Law IP 59

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

BYU Copyright Blog

FEBRUARY 21, 2024

Fielding regularly licenses his photographs for commercial use, and the Work was created in 2014 and registered for copyright in January 2021. Fielding discovered the unlicensed use in March of 2021, and waited until March 2023 to contact UChicago for a resolution.

Fair Use 40

Fair Use Copyright Infringement Advertising Advertising 40

Kluwer Copyright Blog

MARCH 6, 2023

The study was made possible through the reproductions of books by the Google Books project and provided to the HathiTrust, whose making available of the resource for text and data mining research was held to be a fair use in Authors Guild v. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 126

Copyright Social Media Publishing Licensing 126

IP and Legal Filings

FEBRUARY 9, 2023

Hathi Trust [viii] the US Court held that digitalization for full text search and acess for print disable readers is covered under Fair use and laid down the procedure for the accessibility of copyrighted work to people with disability. Lacuna: Copyright Act. In Authro Guild v. 3d 87 (2d Cir. first appeared on IPLF.

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Copyright Contracts Copying Licensing 98

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

IP and Legal Filings

FEBRUARY 9, 2022

Turning to FCA’s nominative and fair use defence, the court applied the New Kids on the Block test to evaluate likelihood of confusion. And third, the court determined that FCA could “tack on” Chrysler’s prior use of the trademarks before it merged with Fiat Group in 2014.

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Trademark Licensing Registration Fair Use 52

SpicyIP

NOVEMBER 10, 2023

On occasion, an infringing material might be saved by the fair use exemption under Copyright Act ( here ). Earlier, in 2014, Calcutta HC entrusted Computer Emergency Response Team, India (CERT-IN) with the responsibility of blocking websites and URLs which were infringing copyright ( here ). 239 of this ).

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Copying Copyright Copyright Infringement Fair Use 52

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

Although NFTs have been around since 2014, their far-reaching, multi-layered legal implications are just now being recognized. As evidenced by the METABIRKINS imbroglio, businesses and brand owners should be on high alert for use of their intellectual property, now that digital currency, blockchain, and NFTs are becoming more mainstream.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

JUNE 20, 2023

Thus, copyright questions implicated by generative AI ( e.g. , fair use), which have received the most significant press attention so far, are not the only pivotal intellectual property issues that require policy level attention. 208 (2014)? CLS Bank International, 573, U.S.

Patent 52

Patent Invention Art Intellectual Property 52

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

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