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] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

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

Plagiarism Today

FEBRUARY 3, 2022

According to a video he uploaded, his videos will remain available in countries with a broad fair use exemption, like the United States, but not in countries like Toei’s native Japan that have narrow exemptions. It is unclear what, if any, long-term impacts this will have on YouTube policy moving forward.

Music 245

Music Reporting Copyright Notice Fair Use 245

Plagiarism Today

APRIL 19, 2022

First off today, Joe Tidy at the BBC reports that the City of London Police have arrested three people and shuttered the website of a group that was running an unauthorized clone of Club Penguin, the Disney social media site/game that shuttered in 2017. The court, in this case, rejected the test as well as Newsweek’s fair use arguments.

Social Media 246

Social Media Settlement Fair Use Reporting 246

Plagiarism Today

MARCH 17, 2022

However, that is extremely cold comfort to the creators, many of whom have used and paid for Vimeo for years, that are facing the difficult choice of paying a much higher subscription fee or leaving the platform altogether. The scariest part of all, we’ve seen this exact behavior before, and it did not go well in 2017 either.

Fair Use 246

Fair Use Plagiarism Publishing Business 246

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. In March 2017 , Kat Von D inked a tattoo of Sedlik’s Davis photograph on the arm of lighting technician Blake Farmer (“Farmer”) for free. To freehand ink the tattoo, Kat Von D created a stencil by using a light box to trace the Davis photograph.

Copyright Infringement 129

Copyright Infringement Fair Use Art Copyright 129

LexBlog IP

MAY 25, 2023

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. In a closely watched copyright case, the U.S.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

LexBlog IP

MAY 3, 2022

The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. In December 2017, Chisholm Trail High School’s softball team and color guar posted the WIN Passage to their Twitter accounts. He offers merchandise, including t-shirts and posters, that display the WIN Passage.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

The IPKat

SEPTEMBER 25, 2023

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

Fair Use 119

Fair Use Registration Design Designs 119

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

TorrentFreak

OCTOBER 1, 2023

.” And then there’s the increasing number of channels posting ‘copyright disclaimers’ citing Section 107 of the Copyright Act 1976, stating that since everything on the channel is ‘fair use’, channel owners are exempt and can never be sued. Created by Ethan and Hila Klein, the channel has over 2.93

Fair Use 120

Fair Use Copyright Copying Copyright Infringement 120

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. Benjamin. * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

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 109

Fair Use Social Media Copyright Copyright Infringement 109

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.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

43(B)log

FEBRUARY 18, 2022

A: History differs a lot—US foundation for ROP was set much earlier. Justin Hughes The Sub Rosa Rules of Copyright Fair Use Two competing descriptions of fair use: (1) Vague, unpredictable, ad hoc. (2) You can cluster fair use cases. Those are where fair use is stable, predictable, and coherent.

Fair Use 45

Fair Use Contracts Litigation Copying 45

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

Technology & Marketing Law Blog

MARCH 11, 2022

In 2017, LiveJournal changed its policies. In response, Newman, the community moderator, copied all of the community’s posts and uploaded them to Dreamwidth–an action we used to call “mirroring” in the old days. Nevertheless, the registration is worthless because Newman qualifies for fair use. ” Nature of Use.

Fair Use 130

Fair Use Copying Copyright Publishing 130

LexBlog IP

MARCH 15, 2024

Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

IPilogue

APRIL 12, 2022

In 2017, AmoGood was involved in the first Chinese legal action against movie recap producers. G Movie began producing movie recaps in 2017 and has 1.84 AmoGood, one of China’s most famous and influential movie recap bloggers, is well-known for his video series “Watching a Movie within X Minutes.” million subscribers and 1400 videos.

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

Technology & Marketing Law Blog

MARCH 15, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

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 85

Fair Use Art Copyright Derivative Work 85

Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

IP and Legal Filings

JUNE 29, 2024

The status of the right to privacy as a fundamental right was established with the Puttaswamy judgment in the year 2017 [2] , due to which the development of the right to publicity as an aspect of the right to privacy in India is at the nascent stage. This usually applies in cases of news, parody, commentary, non-commercial use etc.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

In recent years, she has played a key role in litigation surrounding the “Fearless Girl” statue, which was famously unveiled in New York City in 2017, as well as trademark litigation on behalf of travel metasearch engine Kayak. .

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

TorrentFreak

OCTOBER 7, 2023

In 2017, the site removed ‘just’ 4,352 pieces of content in response to copyright holders’ complaints. Snarking and Fair Use In addition, there were also thousands of invalid takedown requests for which Reddit took no action. A few years ago copyright holders paid little attention to these discussions.

Copyright 128

Copyright Copyright Infringement Fair Use Reporting 128

Technology & Marketing Law Blog

AUGUST 18, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Fair Use 122

Fair Use Cease and Desist Copyright Blogging 122

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. The district court granted summary judgment in the Foundation’s favor, holding that Warhol’s work constituted fair use.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

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 137

Fair Use Privacy Copyright Technology 137

SpicyIP

AUGUST 22, 2022

Though the text of the Act does not use the terms dilution, tarnishment, blurring or free-riding, the text of section 29(4), along with caselaw makes it abundantly clear that such acts are actionable in Indian courts. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici * Biosafe-One v.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Weiner. * Fair Use – It’s the Law (for what it’s worth)–Lenz v.

Registration 132

Registration Fair Use Copyright Design 132

Technology & Marketing Law Blog

OCTOBER 4, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Cease and Desist 96

Cease and Desist Fair Use Copyright Blogging 96

Technology & Marketing Law Blog

APRIL 29, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici * Biosafe-One v.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

JIPL Online

MARCH 15, 2021

In 2018, the Satanic Temple sued Netflix for fifty million dollars when Netflix used a sculpture of a goat-headed deity on “The Chilling Adventures of Sabrina.” [9] 13] In 2017, a photographer and copyright owner of images of VHS cassettes asserted that “Stranger Things” used these photos for its Collector’s Edition boxed set. [14]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Technology & Marketing Law Blog

DECEMBER 5, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

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