Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). 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.

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Derivative Work Copyright Law Copyright Law 104

IP and Legal Filings

JUNE 29, 2024

The personality rights in India are generally enforced in the context of Intellectual Property Laws. Using someone else’s identity without their consent violates both their personality rights as well as their right to privacy. Copyright laws also provide plausible remedies for enforcing one’s right to personality.

Personality Rights 82

Personality Rights Fair Use Privacy Intellectual Property Law 82

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. copyright law.

Fair Use 133

Fair Use Copyright Moral Rights Copyright Law 133

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. LAW AND ECONOMICS. iv] First, it must identify which of the competing uses is more socially valuable.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

Fair Use 103

Fair Use Social Media Copyright Copyright Infringement 103

Kluwer Copyright Blog

OCTOBER 3, 2023

In the plaintiffs’ reasoning, the development of the AI by Google began in 2017, when it introduced the “Transformer” neural network, a revolutionary framework underpinning the LLM. 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc.,

Fair Use 132

Fair Use Privacy Copyright Technology 132

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

IPilogue

DECEMBER 13, 2022

In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek. In determining fair use according to the statute, one of the primary points of contention involved the meaning behind the “purpose and character” of the alleged use.

Art 79

Art Fair Use Intellectual Property Licensing 79

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. The first part of this post briefly discussed the concept of bias and examined the role of property rights in data and factual information, with a focus on copyright.

Technology 96

Technology Marketing Marketing Copyright 96

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. Full credits go to the copyright owner. No copyright infringement intended.”

Fair Use 90

Fair Use Copyright Copying Copyright Infringement 90

SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Technology & Marketing Law Blog

AUGUST 1, 2023

The legislative history also expressed an intent to retain existing case law on vicarious liability of a principal for the acts of its agents, including independent contractors. Therefore, Perfect 10 has made a prima facie case that Google’s communication of its stored thumbnail images directly infringes Perfect 10’s display right.

Blogging 96

Blogging Copying Social Media Copyright 96

Indiana Intellectual Property Law

SEPTEMBER 29, 2023

The Plaintiff claims that the Defendant has never been licensed to use the photograph and upon learning of its unauthorized use, the Defendant has not been willing to negotiate a reasonable license for it. Continue reading

Copyright Infringement 97

Copyright Infringement Copyright Intellectual Property Licensing 97

TorrentFreak

FEBRUARY 15, 2024

At the time, similar services were also being offered by several of Finland’s internet service providers but for the members of the Copyright Information and Anti-Piracy Center (CIAPC, also known as TTVK), this was a serious breach of copyright law.

Copyright Infringement 87

Copyright Infringement Copyright Fair Use Licensing 87

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

Fair Use 77

Fair Use Art Copyright Social Media 77

Technology & Marketing Law Blog

MARCH 29, 2023

The picture at issue was taken in 2017, and was registered with the U.S. Copyright Office on July 29, 2017. Oppenheimer’s attorney emailed me suggesting that we agree to present the claim to the copyright claims board in lieu of trial. As part of the law, that is what they are supposed to do. 2020), cert.

Blogging 97

Blogging Fair Use Copyright Copyright Notice 97

Kluwer Copyright Blog

APRIL 25, 2024

This sum is in addition to the $2 billion of public funds already invested since 2017, when Canada became the first country in the world to launch a national AI strategy. It is unclear whether the use of copyrighted works for training an AI system is considered copyright infringement if the…owner’s permission is not obtained.…

Copyright 64

Copyright Government Copyright Law Reporting 64

Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. 2017), raised an interesting example of “copyright estoppel” or, as the Ninth Circuit called it in the “Jersey Boys” lawsuit I recently discussed, the “Asserted Truths Doctrine.”

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Kluwer Copyright Blog

JANUARY 20, 2022

Another – more recent – example involves the video of a 2020 copyright panel at New York University where music was played to explain the application of the US fair use rules. Urban, Joe Karaganis, Brianna Schofield, Notice and Takedown in Everyday Practice ; the underlying data is, however, from 2017).

Reporting 98

Reporting Copyright Art Copyright Infringement 98

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. 1933, 1942 (2017) (citing Chicago Burlington & Q.R.C. Cooper, 140 S.Ct. ” Flynn, Queen Anne’s Revenge, Indeed! See Murr v. 226 (1897).

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Universal City Studios LLC and Ors v. DotMovies.Baby and Ors. Warner Bros. Entertainment Inc., Columbia Pictures Industries, Inc., HULM Entertainment v.

IP 112

IP Copyright Trademark Intellectual Property 112