IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

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TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

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Copyright Derivative Work Fair Use Reporting 141

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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LexBlog IP

MAY 24, 2023

Goldsmith , Opinion located here , the estate of deceased pop artist Andy Warhol argued its use of the photo at issue was fair use under the first of the four Fair Use test factors (the “purpose and character of the use”), because Warhol’s contributions were transformative, adding new expression, meaning, or message.

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IPilogue

SEPTEMBER 29, 2021

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. The trial judge John G.

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LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince.

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LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince.

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LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

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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. 1258, (2023).

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TorrentFreak

APRIL 27, 2022

The poster noted that while it appeared the information had multiple sources, several people might have copied existing information. Copies of the copyright notices sent to Reddit users don’t help much either, since these do not relay who made the copyright complaint or on what grounds. Reporting Facts?

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Cease and Desist Copyright Infringement Fair Use Copyright 96

SpicyIP

JUNE 26, 2024

Emphasizing the lack of a robust mechanism to ensure access to literary work by persons with disability, the authors highlight how the existing copyright framework comes in conflict with the rights enshrined under the Rights of Persons with Disabilities Act, 2016. Views expressed here are those of the authors’ alone.

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Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. How should we balance free speech, parody, and fair use concerns?

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Privacy Trademark Law Fair Use Trademark 98

SpicyIP

JULY 5, 2021

The appellant sought a copy of a PhD Thesis titled “Studies on some nitrogen fixing genes of Azotobacter vinelandi” from Jamia Millia Islamia, a central university and public authority for the purposes of RTI Act. Degrees), Regulations, 2016 and the UGC Act, 1956 which have mandatory application on the Universities. Background.

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Patent Application Invention Confidentiality Copyright Law 131

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. It creates ‘Secure Distribution’ of content which generally use encryption and digital watermarks (Pandey).

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LexBlog IP

MAY 19, 2023

However, Andy Warhol would go on to create 15 additional works using the Goldsmith photograph, now known as the artist’s “Prince Series.” 1] The Southern District of New York granted summary judgment to AWF on its claim of fair use, but the Second Circuit Court of Appeals reversed.

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IPilogue

AUGUST 3, 2021

Copies of the game along with a gamer’s guide packaged in special extra-large cardboard boxes sat unsold on shelves for months. Due to low sales ( under 150,000 copies sold in North America), the game remained a hidden gem for years until Earthbound ’s main character Ness appeared in the popular 1999 fighting game Super Smash Bros.

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LexBlog IP

JUNE 5, 2023

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only.

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Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

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Copyright Cinema Copying Copyright Infringement 144

TorrentFreak

JUNE 23, 2022

On June 10, 2022, Google handed over “significant information” on the accounts used to send the fraudulent notices, among them JeremyWilandCSC@gmail.com (Wiland account) and damianreynoldscsc@gmail.com (Reynolds account). For example, Minor’s use of the same email addresses across multiple sites started long ago.

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LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. This marks the Supreme Court’s second foray into copyright fair use in two years after decades of silence on the matter. Understanding the Fair Use Doctrine.

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Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

2016), aff’d , 674 F. 2016)) traded on the goodwill of Louis Vuitton; it is what made them attractive products. trades in on the goodwill of Dr. Thus, we learn nothing from the Second Circuit about how the new trademark use test should be applied going forward. Haute Diggity Dog, LLC, 507 F.3d 3d 252 (4th Cir. 3d 425 (S.D.N.Y

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LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). In response, AWF sued Goldsmith, seeking a declaratory judgment of non-infringement, or alternatively, fair use.

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Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

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Music Copyright Copying Copyright Law 85

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

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Kashishipr

JUNE 9, 2021

The court agreed that the defense of fair use might be available in a given case to an individual user; however, the “activities of Wynk can never be termed as ‘private’ or ‘personal use’ or research,” and that it is selling/commercially renting the sound recordings.

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Music Licensing Television Copyright Infringement 98

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.

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Fair Use Licensing Art Music 52

Kluwer Copyright Blog

AUGUST 7, 2023

In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine. An example would be an artist copying a previous painting and merely altering the colors to pass it off as a new creation. O fair use no direito autoral. 4 [4] ASCENSÂO, José de Oliveira.

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Copyright Derivative Work Fair Use Copyright Law 52

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957. SCIL) (2016) Myspace Inc.

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Velocity of Content

AUGUST 13, 2024

In a 2016 report, Marci Goldberg of K-12 Market Advisors reported that “teachers spend an average of five hours per week creating materials and seven hours per week searching for materials.” Many educators mistakenly believe that all educational use of copyrighted materials fall under the fair use exception.

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Biswajit Sarkar Copyright Blog

JULY 21, 2023

The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Understanding Copyright How would you define copyright? However, when a similar case was filed in 2020, an Illinois judge felt inclined to side with the tattoo artists instead. In Alexander v.

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Copyright Artistic Work Copyright Infringement Ownership 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. 1258, (2023).

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Velocity of Content

DECEMBER 4, 2024

14 It can be argued that the massive copying of protected works to train and fine-tune LLMs constitutes a significant market for licensing, a matter to which the article returns below. LSB10922, Generative Artificial Intelligence and Copy. ↩︎ It is not necessary to show that the defendant intended to copy a specific work.

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Intepat

SEPTEMBER 27, 2024

Argument by the parties Plaintiff The plaintiff contended that by printing scanned copies of their published books, Rameshwari Photocopy Service had infringed upon their copyright. They argued that Rameshwari was unlawfully profiting from these infringing copies, thereby undermining the rights of authors and publishers.

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Biswajit Sarkar Copyright Blog

JULY 21, 2023

The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Understanding Copyright How would you define copyright? However, when a similar case was filed in 2020, an Illinois judge felt inclined to side with the tattoo artists instead. In Alexander v.

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Artistic Work Ownership Copyright Infringement Copyright 52

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. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? 139 (2016). [ix] Memetic Marketing in the Digital Age , 7 Geo. Int’l Com.

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