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. 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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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] One should distinguish this from a situation where the book title is wholly descriptive, e.g., a book entitled "Patent Licensing".

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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

Kluwer Copyright Blog

FEBRUARY 2, 2023

And, in December, Tor , a “ Publisher of Science Fiction, Fantasy, Horror, Mystery, Thriller and Suspense, and Other Speculative Fiction “, apologised for using an AI-generated image for a cover design saying “we licensed an image from a reputable stock house. The focus in these cases was on parody.

Copyright 145

Copyright Art Fair Use Registration 145

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. 1962, 1976 (2014). Petrella v.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

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.

Patent 130

Patent Invention Art Patent Application 130

IP and Legal Filings

FEBRUARY 9, 2023

Another section laying out for compulsory licensing for facilitating benefit to disabled is section 31B, where such person or individual acting in pursuit of facilitating benefit to people with disability on a profit basis or business can request the court for compulsory license to publish copyrighted works. Lacuna: Copyright Act.

Copyright 97

Copyright Contracts Copying Licensing 97

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 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

MARCH 6, 2023

In the same vein, studies by Piotr Przybyła et al and Alison O’Mara-Eves et al show the usefulness of AI and data mining for prioritizing and identification in Systematic Reviews. Many of the projects described below use this basic function of TDM in various specific applications. million abstracts. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 118

Copyright Social Media Publishing Licensing 118

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.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S.

Fair Use 52

Fair Use Licensing Art Music 52

BYU Copyright Blog

FEBRUARY 21, 2024

Fielding alleges that UChicago unlawfully used the image as commercial material to advertise and promote its programs. Fielding regularly licenses his photographs for commercial use, and the Work was created in 2014 and registered for copyright in January 2021.

Fair Use 40

Fair Use Copyright Infringement Advertising Advertising 40

The IPKat

DECEMBER 20, 2024

The UK has a limited exception for non-commercial TDM, found in section 29A of the Copyright, Designs and Patents Act 1988, introduced in 2014. 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.

Copyright 62

Copyright Government Copyright Law Art 62

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. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

Fair Use 40

Fair Use Licensing Art Music 40

IP and Legal Filings

FEBRUARY 9, 2022

Bluetooth”) owns various trademark registrations which it licenses to other companies to use in promoting a product’s Bluetooth-compatibility. Turning to FCA’s nominative and fair use defence, the court applied the New Kids on the Block test to evaluate likelihood of confusion. Bluetooth SIG, Inc.

Trademark 52

Trademark Licensing Registration Fair Use 52

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

Blogging 98

Blogging Copying Social Media Copyright 98

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. see also Sourav Ganguly vs Tata Tea ).

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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 ).

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

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.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

JIPEL Copyright Blog

APRIL 13, 2022

The YouTube channel WatchMojo uploaded a three-part series criticizing the Content ID system and estimating that over $2 billion was unlawfully claimed via the system between 2014 and 2019 (while a 2018 report from Google found that Content ID was responsible for over $3 billion in ad revenue being redirected to copyright holders in total).

Copyright 40

Copyright Public Domain Fair Use Ownership 40

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 49

False Advertising Social Media Advertising Advertising 49

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. 34,] 51-61[(2014) ]. The government is not using the patent, but the patented technology. See Jim Olive Photography, d/b/a Photolive, Inc.,

Intellectual Property 52

Intellectual Property Government Invention Copyright 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. Marketa Trimble: Under Nevada law, have to comply with other countries’ laws to be licensed for online gambling in Nevada. Group one: fair use.

Fair Use 59

Fair Use Moral Rights Law IP 59

SpicyIP

JANUARY 27, 2024

In 2014, India signed and ratified the treaty. In 2014, the NPPA capped the prices of drugs, causing a stir in the pharmaceutical industry. E.g. check Namratha’s post on CovEducatio and Fair Use and Divij’s take on the Legality of Digital Libraries in a Lockdown. See also Swaraj’s post on this. See also here ).

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.

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Law Social Media Government Privacy 122