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.

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Fair Use Derivative Work Blogging Licensing 98

Plagiarism Today

SEPTEMBER 21, 2022

1: Disney Loses Bid to Dismiss ‘Muppet Babies’ Reboot Copyright Suit. First off today, Winston Cho at The Hollywood Reporter Esquire reports that Disney has failed to dismiss an ongoing case against it over the 2018 reboot of the Muppet Babies TV show. Let me know via Twitter @plagiarismtoday.

Licensing 186

Licensing Reporting Fair Use Plagiarism 186

Plagiarism Today

JULY 8, 2021

If @GitHub (Microsoft) truly believes copilot isn't infringing on anyone's work, I want to offer them a chance to prove it: I'll donate $50k to a charity of their choice (or @EFF if we can't agree) if they release a Copilot version trained solely on Windows kernel source. Is it so short that its use is a fair use?

Copyright 212

Copyright Fair Use Copyright Infringement Copying 212

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents.

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Registration Fair Use Copyright Design 132

IP Watchdog

MARCH 5, 2023

Courthouse in Oakland, California on Prutton’s website in 2018, on a page titled “Where We Work.” Oppenheimer admitted that he copied and displayed the photograph without permission, but said his adult daughter actually found the photo and placed it on his site, and also argued fair use and unclean hands in defending his use of the work.

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Copyright Fair Use Copying Law 128

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. HLG ultimately filed suit for copyright infringement.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

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

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IPilogue

APRIL 12, 2022

While useful, they raise concerns of potential copyright infringement. The Chinese National Radio and Television Administration introduced a regulation in 2018 to prevent illegal capture, cut, stitching, and adapting audio-visual programs. These movie recap videos have become extremely popular in China.

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

Copyright Lately

DECEMBER 29, 2021

Last year, it was the Ninth Circuit’s reversal of a pleading-stage dismissal by Central District of California Judge Consuelo Marshall, which (correctly in my view) found that similarities in stock and unprotectable pirate genre elements such as battles at gunpoint and jewel-filled caves couldn’t support a viable copyright infringement claim.

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Copyright Fair Use Social Media Copying 113

TorrentFreak

JULY 23, 2021

In the summer of 2018, Watch Tower filed an application for a DMCA subpoena at a New York court, demanding that YouTube/Google should hand over his personal details based on allegations of copyright infringement. Arguments centered around the fair use provisions of the DMCA but three years later the matter remains unsettled.

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Copyright Copyright Infringement Fair Use Publishing 98

TorrentFreak

APRIL 27, 2022

But other copyright disputes, where infringement isn’t so obvious, can trigger new complexity and polarized legal opinions. Post Removed By Reddit For Copyright Infringement. But would that be illegal under US copyright law? However, since fair use is a defense, conflicts need to be settled in court.

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Cease and Desist Copyright Infringement Fair Use Copyright 96

TorrentFreak

MAY 16, 2022

McFree utilized copyrighted material owned by Watch Tower in his productions, something that gave the religious group a leverage point to shut him down. In 2018, Watch Tower filed an application for a DMCA subpoena to compel YouTube/Google to hand over his details. Copyright battles can be one-sided affairs.

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Fair Use Copyright Litigation Music 134

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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Fair Use Licensing Art Music 105

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

Copyright 89

Copyright Fair Use Settlement Design 89

IP and Legal Filings

JUNE 29, 2024

Ramkumar Jewellers , wherein it was held that an individual should be able to control the circumstances around the use of their identification. [8] This usually applies in cases of news, parody, commentary, non-commercial use etc. So, various courts have over the time drawn a clear line in this regard. Ammini Amma and Ors.,

Personality Rights 97

Personality Rights Fair Use Privacy Intellectual Property Law 97

Kluwer Copyright Blog

FEBRUARY 2, 2023

” (For a comment, see here ) The DABUS team (the Artificial Inventor Project ) starting testing copyright law back in 2018, seeking to register with the US Copyright Office (USCO) A Recent Entrance to Paradise , an image created by DABUS.

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Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

OCTOBER 17, 2023

Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. Direct Infringement. Knowledge of Infringement. The appellate court revives the claim.

Copyright Law 115

Copyright Law Copyright Law Copyright Infringement 115

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. Oracle , should have been decided by the trial judge.

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Fair Use Design Designs Licensing 80

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 111

Blogging Social Media Television Fair Use 111

TorrentFreak

MAY 8, 2023

“The decrypted keys facilitate copyright infringement by permitting users to play pirated versions of Nintendo’s copyright-protected game software on systems without Nintendo’s Console TPMs or systems on which Nintendo’s Console TPMs have been disabled,” Nintendo informs GitHub.

Copying 138

Copying Copyright Licensing Fair Use 138

Technology & Marketing Law Blog

MARCH 29, 2023

On June 4, 2018, Oppenheimer found his image on Prutton’s website. The claim says hat infringement is ongoing from 2018-present, even though the photo was removed in 2019. and that the DMCA claim and attorney’s fee claims would be dropped, leaving only the copyright infringement claim.” ComicMix LLC, 983 F.3d

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

IP and Legal Filings

APRIL 19, 2022

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Nakul Bajaj (2018). Christian Louboutin SAS v.

Copyright Law 94

Copyright Law Copyright Law Copyright Infringement 94

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Case Law: Instances Where Fair Use Was Not Upheld Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Copyright Lately

AUGUST 2, 2021

That’s because, according to Instagram, embedding doesn’t constitute an act of direct copyright infringement in the first place. With his decision, Rakoff became the second SDNY judge to reject the server test, joining a view shared by then-judge Katherine Forrest in 2018’s Goldman v. Breitbart News Network.

Copying 98

Copying Copyright Technology Licensing 98

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. More information about this event here.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

JIPL Online

MARCH 19, 2021

ii] These events were sudden and came as a shock to the platform’s creators who were given no opportunity to submit counternotifications or edit their content to remove the allegedly infringing material per the provisions of the Digital Millennium Copyright Act (the “DMCA”) and Twitch’s own DMCA Guidelines.

Music 76

Music Copyright Licensing Fair Use 76

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

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Ownership Copyright Fair Use Intellectual Property 52

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

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. Out of interest, I will start by briefly mentioning (without studying the case) the first copyright infringement case Jeff Koons lost, which was brought before a U.S.

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Derivative Work Copyright Law Copyright Law 105

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. We are naturally drawn to extreme examples, and they are so easy to recall”, says Hans Rosling in his book Factfulness (2018, p.

Reporting 98

Reporting Copyright Art 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

SpicyIP

OCTOBER 14, 2024

Other Posts Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Discussing the US decision in Hachette Book Group v. Internet Archive, Tanishka Goswami explains the implication of the decision on fair use and access to information. 63 of the Copyright Act, 1957.

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Trademark Registering Trademarks IP Copyright 105

Technology & Marketing Law Blog

JUNE 17, 2023

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage.

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Blogging Licensing Privacy Copyright Notice 132

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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Fair Use Licensing Art Music 40

Kluwer Copyright Blog

JUNE 9, 2022

In legal systems relying on open standards such as the US, fair use has been identified by some authors as a powerful bias mitigation device (Levendowski 2018). This would enhance access to relevant data (especially training data) and consequently favor a more open, transparent and verifiable data ecosystem.

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Technology Marketing Marketing Copyright 96

SpicyIP

DECEMBER 30, 2023

Delhi High Court] On August 9, the Delhi High Court devised a judicial mechanism to combat novel ways of copyright infringement and issued the first-ever Dynamic+ injunction in favour of Universal City Studios LLC., Universal City Studios LLC and Ors v. DotMovies.Baby and Ors. Warner Bros. Entertainment Inc., HULM Entertainment v.

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IP Copyright Trademark Intellectual Property 124