Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. The second limitation is masks.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

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.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

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.

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

IP and Legal Filings

JANUARY 16, 2024

The libraries use this concept of CDL justify the mass digitalization of copyright works digital versions of their legally obtained items and lending them to patrons in a controlled manner. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.

Copyright 98

Copyright Fair Use Public Domain Copying 98

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.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. . § was released.

Fair Use 111

Fair Use Copying Licensing Copyright 111

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.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

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.

Fair Use 40

Fair Use Copyright Licensing Copying 40

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.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

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.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

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.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

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.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

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).

Fair Use 105

Fair Use Licensing Art Music 105

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?

Cease and Desist 96

Cease and Desist Copyright Infringement Fair Use Copyright 96

Technology & Marketing Law Blog

FEBRUARY 15, 2025

In 2016, the defendant licensed the plaintiff’s Equine Boarding Forms Package, consisting of form releases for adults and minors. The license permitted the defendant to “copy, email and otherwise distribute the” forms but not post them to the web. The plaintiff is an Oregon law firm practicing equine law.

Contracts 52

Contracts Copyright Licensing Copyright Notice 52

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.

Copyright 81

Copyright Copying Publishing Cinema 81

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?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

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.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

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.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

SpicyIP

JANUARY 31, 2025

Since its inception in 2016, CIPRA has been executing various activities in furtherance of its goals, which include encouraging research in every area of the subject, promoting and spreading awareness about IPR among students and public at large with various practical approaches. The challenges of protecting literary works in the digital age.

Blogging 59

Blogging Intellectual Property Journalism Social Media 59

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.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

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.

Copyright 111

Copyright Music Licensing Copying 111

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).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

FEBRUARY 13, 2022

For instance, the category for libraries includes the question of whether the exception allowed unauthorized reproduction to provide copies for other libraries. General Exception, Including Fair use. Personal or Private Uses. Temporary Copies for Technological Processes. Personal Or Private Uses.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

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.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

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.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

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.

IP 145

IP Copyright Copyright Infringement Music 145

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.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

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.

Blogging 98

Blogging Copying Social Media Copyright 98

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.

Music 93

Music Copyright Copying Copyright Law 93

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

Blogging 130

Blogging Trademark Brands Branding 130

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.

Fair Use 52

Fair Use Licensing Copyright Editing 52

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.

Copyright 45

Copyright Copying Music Fair Use 45

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.

Music 98

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.

Fair Use 52

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.

Copyright 52

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.

Copyright Law 97

Copyright Law Copyright Law Copyright Infringement 97