LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. Goldsmith counterclaimed for copyright infringement.

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Fair Use Derivative Work Art Licensing 97

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. This has important implications for the doctrine of fair use.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

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 111

LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

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. The Klein’s emerged victorious from a lawsuit in 2017 after mounting a successful fair use defense.

Fair Use 120

Fair Use Copyright Copying Copyright Infringement 120

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. which used WebText , a data set that traces back to 2019.

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Settlement Copyright Licensing Copyright Infringement 113

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.

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Fair Use Social Media Copyright Copyright Infringement 109

Olartemoure Blog

JANUARY 18, 2023

The legal battle started in 2017 between the estate of Andy Warhol and photographer Lynn Goldsmith , over the use of Goldsmith’s images of the late musician Prince. In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

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.,

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Fair Use Privacy Copyright Technology 137

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.

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Fair Use Art Copyright Derivative Work 85

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.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. Goldsmith counterclaimed for copyright infringement.

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Fair Use Copyright Art Copyright Law 40

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

As a result, UMG apparently makes the blanket assumption that it owns every element of a sound recording in its catalog, leading to overenforcements like this one where it apparently is enforcing its status as a non-exclusive licensee of the beat (which copyright law doesn’t permit). Federici * Biosafe-One v.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

TorrentFreak

AUGUST 16, 2024

The realm of content protection may yet have an AI savior waiting in the wings, but until a model can accurately determine fair use and conduct complex, error-free investigations, humans retain the upper hand. In most cases, settlements require domains used in connection with pirate services to be signed over to the MPA.

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Settlement Social Media Public Domain Fair Use 120

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 123

Copyright Infringement Copyright Fair Use Licensing 123

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 78

Art Fair Use Intellectual Property Licensing 78

Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.

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Copyright Copyright Law Technology Fair Use 98

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Federici * Biosafe-One v.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

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. The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

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 115

Intellectual Property Designs Design Copyright 115

LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense.

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Fair Use Artwork Art Blogging 52

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. This uncertainty can limit the data that is used by AI innovators to train the AI system. billion package of measures “to secure Canada’s world-leading AI advantage.”

Copyright 75

Copyright Government Copyright Law Reporting 75

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

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. 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. 29, 2013), [link]. [ii] 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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

Kluwer Copyright Blog

MAY 1, 2023

In doing so, it amended Law 2121/1993 , the Greek Copyright Law, as well as Law 4481/2017 , the law that regulates the collective management of copyright and related rights. A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.

Licensing 98

Licensing Publishing Related Rights Law 98

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 20, 2017), [link]. [3] 2017), [link]. [23] 2017), [link] (). [25]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

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

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. Bottom line is that the masks were equally freaky, but not substantially similar as a matter of copyright law.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

Technology & Marketing Law Blog

AUGUST 1, 2023

The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. Jackson , 2017 WL 5629514, *11 (N.D. Ultimately, the problem is that copyright law compensates photographers and other copyright owners through a model of artificial scarcity.

Blogging 98

Blogging Copying Social Media Copyright 98

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. Union of India clarified that writ petitions challenging an IPAB order should be filed before a Single Judge Bench of the High Court. Acko General Insurance.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JANUARY 5, 2022

In this case, the Supreme Court of Texas held that a government entity may reproduce, display, and utilize a copyrighted work for its own benefit without paying any compensation to the copyright owner. 1933, 1942 (2017) (citing Chicago Burlington & Q.R.C. See Murr v. Wisconsin, 137 S. Chicago, 166 U.S. 226 (1897).

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Plagiarism Today

DECEMBER 8, 2022

Every word and script choice was chosen with the intention of really sticking to the letter of the law and making sure that we are a parody. While parody isn’t protected in the Constitution, fair use was codified into U.S. law with the Copyright Act of 1978, his point remains. Porn Parodies and Fair Use.

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Cease and Desist Fair Use Artwork Intellectual Property 246

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

LexBlog IP

NOVEMBER 30, 2022

1002 (2017), a case about cheerleading uniforms for most, but an invitation to me to examine the intellectual feast of issues about food porn. In fact, that case also found that the pictures of such food, in that case, did not merit copyright protection either. at 1203 (quoting 4 Nimmer on Copyright § 13.05[A][1][b]).

IP 52

IP Intellectual Property Fair Use Trademark 52

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 Design Designs False Advertising 52

Intepat

JANUARY 17, 2025

Copyright laws protect the interests of publishers and authors, but Sci-Hub bypasses these regulations, leading to “scientific piracy.” The court imposed a preliminary injunction to block these websites for violating copyright laws. In Russian civil law, a similar institution is established in Art.

Copyright 52

Copyright Copyright Infringement Copyright Law Publishing 52