Michael Geist

DECEMBER 3, 2024

Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. This comes directly from scientists at ChatGPT, who published on the issue in 2020.

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IP and Legal Filings

MARCH 19, 2025

Furthermore, A legal notice had been issued to Nayanthara by Dhanush prior to the usage of the clip, stating the consequence of using the BTS would be a ten-crore lawsuit, which Nayanthara openly neglected by incorporating the said footage in the trailer of the documentary. ” This did not amount to infringement as it was inspired work.

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Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

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JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 8, 2015), [link].

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TorrentFreak

OCTOBER 28, 2021

They urged the Copyright Office not to grant the exemption as it would open the door to widespread piracy. The groups fear that jailbreaking will result in widespread copyright infringement, as it allows the public to install piracy tools on these video devices as well.

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TorrentFreak

FEBRUARY 15, 2024

TVkaista Faces Legal Action In advance of TTVK’s letters being sent out, TVkaista’s CEO, technical director, and legal advisor, faced legal action for criminal copyright infringement and aggravated fraud. The platform eventually shut down in 2015, but the bankruptcy estate had no funds available to pay the compensation owed.

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Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). ” For example, when speakers have made many posts against multiple targets, and the alleged infringement would expose the author indiscriminately. Nature of the use.

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TorrentFreak

AUGUST 6, 2021

People who post copyrighted videos to sites like YouTube need to ensure they have the necessary rights to do so. This can include uploads with appropriate licensing or content posted within the guidelines of ‘fair use’, including criticism or parody, for example. ” Why the Videos Are Of Interest to IWUF.

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Patently-O

AUGUST 31, 2021

Although the Supreme Court eventually sided with Google on fair use grounds, it did not disturb the Federal Circuit’s copyrightability decision that strongly supported copyright protection even for functional software. Pamela Samuelson, A Fresh Look at Tests for Nonliteral Copyright Infringement , 107 Nw.

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The IPKat

JULY 7, 2024

In 2015, Moulinsart and Hergé's widow sued Marabout before the TGI of Rennes for copyright infringement and parasitism. First of all, freedom of expression under article 11 of the EU Charter cannot be raised as a defence in its own right in copyright infringement proceedings.

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Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

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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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IP and Legal Filings

JUNE 29, 2024

Ramkumar Jewellers , wherein it was held that an individual should be able to control the circumstances around the use of their identification. [8] This usually applies in cases of news, parody, commentary, non-commercial use etc. So, various courts have over the time drawn a clear line in this regard. Ammini Amma and Ors.,

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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.

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Intepat

FEBRUARY 3, 2025

However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. What is Fair Use (or Fair Dealing) in India?

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Kluwer Copyright Blog

JANUARY 15, 2024

It sought public views on various copyright enforcement challenges, including industry-led enforcement mechanisms, the website blocking scheme that was introduced in Australia in 2015, a statutory safe harbour and notice and take-down scheme, access to courts in copyright disputes, especially small ones, and remedies for copyright infringements.

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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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Copyright Lately

OCTOBER 6, 2024

In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use. But the plaintiffs in the Stereophonic case are suing over what they claim is the copying of real-life events, which makes proving copyright infringement much harder.

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IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

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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.

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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).

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43(B)log

DECEMBER 18, 2023

As for intent, while MiTek did use some names identical to those first used by Simpson, “the Court is not persuaded that MiTek did so with the intent to confuse the relevant audience, but rather because the names described well the connector at issue.” California UCL: same. But it doesn’t matter.

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Copyright Lately

OCTOBER 24, 2022

The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial. But if they appear on film without permission, even fleetingly, they could prompt a copyright infringement lawsuit.

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Plagiarism Today

AUGUST 18, 2021

Apple sued the company, alleging that it violated both their copyright and their rights under the Digital Millennium Copyright Act. However, a judge tossed the case, ruling that Corellium’s use was a fair use. 2: Federal Court Awards $29M in Statutory Damages for Copyright Infringement in Media Case.

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Copyright Lately

MAY 21, 2021

Rachel Dolezal, the woman accused of misrepresenting her racial background, has filed a new infringement lawsuit against CBS Interactive. Is she weaponizing copyright? Dolezal claims that the CBS-owned website ETonline.com infringed the photo by reproducing it without permission in a June 2015 article about the controversy.

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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. 2d 588 (1985) (“Section 106 of the Copyright Act confers a bundle of exclusive rights to the owner of the copyright.”); 1073 (2019).

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LexBlog IP

OCTOBER 25, 2023

Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

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The IPKat

JANUARY 9, 2025

The recent trend, adopted by the art community, of bringing copyright infringement claims against AI companies due to imitating or mimicking the artistic styles of the training data, and raising fair use (e.g., Why the decision in Deckmyn is broader than parody (2015) 52 Common Market Law Review 511). Andersen v.

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SpicyIP

FEBRUARY 10, 2025

In the AI context, scraping publicly available news articles off the internet may involve temporarily reproducing the items in databases used to train the models. According to Indian law, such reproduction without permission is a copyright infringement.

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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.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

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