Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” However, McFree made transformative uses. This factor weighs slightly against fair use.

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Likelihood of Confusion

FEBRUARY 8, 2025

Originally posted 2015-02-24 13:39:38.

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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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The IP Law Blog

JULY 22, 2021

This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use. So would the inclusion of the Taylor Swift or Sublime song recorded in the police/civilian interaction videos mentioned above constitute fair use? Pursuant to the 2015 case of Lenz v.

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Michael Geist

DECEMBER 3, 2024

Unlike the NY Times, which focused on both the inputs (the materials used to train ChatGPT) and the outputs (allegations ChatGPT occasionally provides copyright infringing results), the Canadian claim only target the inputs with no allegation that ChatGPT results are infringing.

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TorrentFreak

OCTOBER 28, 2021

According to the Office, the current limitations hinder fair use modifications of these devices. “Proponents have satisfied their burden of showing that technological measures applied to video streaming devices and routers or other networking devices are having, or are likely to have, an adverse effect on noninfringing uses. .”

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Velocity of Content

JANUARY 7, 2025

The fair use debate in the United States is likely to continue for several years until one or more Supreme Court opinions shed additional light on the issue. While LLMs are a significant and new technology and may be capable of multiple non-infringing uses, not every use of them with copyrighted material is transformative.

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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 ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

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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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TorrentFreak

AUGUST 6, 2021

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

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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. domain and later through a.com variant.

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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. The fair use doctrine has been an exception used widely against the intellectual property law violation.

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Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it.

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JIPL Online

MARCH 15, 2021

In another public domain case from 2015, Netflix was sued for copyright infringement, because the Plaintiff film distributor asserted that while the Italian film “The Bicycle Thief” was in the public domain, the subtitled version of “The Bicycle Thief” was not in the public domain. [7] 22, 2015), [link]. [8] 22, 2015), [link]. [8]

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IP and Legal Filings

JUNE 26, 2023

Descriptive use of numbers The descriptive use of a numeral on the label of goods or services is the fair use defence that is often invoked in infringement and passing off suits. For instance, use of a numeral to denote the strength of alcohol content on the label of bottle is a fair use.

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The IPKat

SEPTEMBER 25, 2023

In 2015, the Cancellation Applicant filed a request for revocation of Ferrari’s International trade mark ‘Testarossa’, designating (amongst others) the European Union, initially registered by Ferrari in connection with the premier of its sports car series from the 80’s and 90’s.

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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. This is all the truer given that there is no such thing as fair use under French or EU law. In particular, these paintings question Tintin’s love life and have been exhibited and sold since 2014.

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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. 2015: [link].

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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. 702 (2015). Now the other-side has had its chance to respond, including substantial amicus support.

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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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Velocity of Content

DECEMBER 6, 2023

Word embeddings are usually stored in vector databases but a detailed description of all the approaches to storage is beyond the scope of this response since there is a wide variety of vendors, processes, and practices that are in use. law has no specific rules governing the use of copyrighted materials to train AI. TVEyes, Inc.,

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IPilogue

DECEMBER 7, 2021

In 2015, Dorland decided to donate one of her kidneys to a stranger. If transformative, Larson’s appropriation may amount to nothing more than , which is not in itself actionable; if derivative, Larson’s actions may constitute copyright infringement unless she can successfully argue fair use. ” so refreshing.

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Intepat

FEBRUARY 3, 2025

In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. This brings us to an important question: Can fanfiction be considered fair use under Indian copyright law? What is Fair Use (or Fair Dealing) in India?

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LexBlog IP

JULY 22, 2021

This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use. So would the inclusion of the Taylor Swift or Sublime song recorded in the police/civilian interaction videos mentioned above constitute fair use? Pursuant to the 2015 case of Lenz v.

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Music Fair Use Copyright Reporting 52

Greenspoon Marder LLP

JANUARY 9, 2017

It should be noted that there has been a long-standing history of tolerance of fan-produced Star Trek projects by CBS and Paramount (the “Studios”); however, on December 29, 2015, the Studios filed a copyright lawsuit against Axanar Productions, Inc. Axanar”), maker of the fan-produced Axanar projects.

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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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Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

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Artwork Copyright Infringement Copyright Art 91

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. David Adjmi was previously sued over his Three’s Company parody 3C , but in 2015 the court found the play protected by fair use.

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Kluwer Copyright Blog

FEBRUARY 13, 2022

In 2015, the Program on Information Justice and Intellectual Property (PIJIP) set out to conduct empirical research on the impact of copyright exceptions. We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. Personal or Private Uses.

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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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Velocity of Content

AUGUST 10, 2022

In this way the law will go much further than US fair use (which looks closely at lost market harm such as licensing revenue — actual and potential) and the laws of the EU, which allow opt-out. In 2015, the UK music industry successfully sued the UK government to block a private copying exception.

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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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Velocity of Content

DECEMBER 4, 2024

20 As of this writing more than two dozen court cases were pending in the United States and elsewhere to determine in particular the scope of exceptions such as fair use in the United States or the 2019 EU Directive. An amendment to the copyright statute is only one of them. 19 Courts will also play their customary role. Kaluza, 780 F.3d

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IP and Legal Filings

OCTOBER 28, 2023

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “ 2015) What is trademark dilution?

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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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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. Since the 2015 judgment, the freedom of expression defence has been used in many copyright cases. court about 20 years ago by Art Rogers, a professional photographer.

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JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. 8, 2015), [link]. xviii] Caitlin Dewey, How Copyright is Killing Your Favorite Memes , The Washington Post (Sept. Minc Law (Sept. 21, 2021).

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