IP and Legal Filings

MARCH 19, 2025

Furthermore, A legal notice had been issued to Nayanthara by Dhanush prior to the usage of the clip, stating the consequence of using the BTS would be a ten-crore lawsuit, which Nayanthara openly neglected by incorporating the said footage in the trailer of the documentary. 2018 SCC OnLine Del 13480 [7] R.G

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Copyright Lately

DECEMBER 29, 2021

With the 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. Future confusion could have been avoided had the Court simply not sidestepped a direct ruling on copyrightability rather than allowing fair use to do all the lifting.

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Copyright Fair Use Social Media Copying 123

SpicyIP

DECEMBER 6, 2023

2(c), the fair use exemption thereof under Sec. 52(1)(t); and (ii) if yes, whether the proviso of the same or ‘fixation requirement’ excludes it from the scope of fair use. Lastly, I will discuss the argument of moral rights of the author in contending the ‘fair use exemption’ of their work.

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Velocity of Content

JANUARY 7, 2025

The fair use debate in the United States is likely to continue for several years until one or more Supreme Court opinions shed additional light on the issue. While LLMs are a significant and new technology and may be capable of multiple non-infringing uses, not every use of them with copyrighted material is transformative.

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Copyright Licensing Fair Use Journalism 52

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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Patently-O

JANUARY 4, 2024

I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attorneys involved. The court ruled in favor of the defendants, holding that their use of the briefs constituted “fair use” under the Section 107 of the Copyright Act.

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Plagiarism Fair Use Copying Copyright Infringement 124

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.

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TorrentFreak

MAY 16, 2022

In 2018, Watch Tower filed an application for a DMCA subpoena to compel YouTube/Google to hand over his details. McFree filed a motion to quash, arguing that any use of Watch Tower material was protected under the doctrine of fair use. Devine Intervention Levels The Playing Field.

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TorrentFreak

SEPTEMBER 9, 2023

For several years the volume of notices continued to increase , with a peak in 2018, after which the trend slowly went in the other direction. Automattic , the company behind the popular blogging platform WordPress, receives thousands of takedown requests from copyright holders.

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Reporting Fair Use Blogging Copyright 130

IPilogue

APRIL 12, 2022

The Chinese National Radio and Television Administration introduced a regulation in 2018 to prevent illegal capture, cut, stitching, and adapting audio-visual programs. Japanese police arrested three people for posting a 10-minute move recap on June 23, 2021.

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Intellectual Property Law Television Copyright Infringement Fair Use 119

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. This left only the fair use defense remaining for the jury.

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JIPL Online

MARCH 15, 2021

7] Before the court could decide if the subtitled version, a type of derivative work, could still be protected even if the underlying film on its own was available to be used by all, both parties settled. [8]. Based on its fair use win in “Burlesque,” [30] Netflix may try to incorporate more content using the fair use defense.

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Copyright Infringement Copyright Public Domain Derivative Work 98

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. The fair use doctrine has been an exception used widely against the intellectual property law violation.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

Kluwer Copyright Blog

OCTOBER 24, 2023

The posting of the privately-developed standards constitutes fair use—at least when done for non-profit purposes. Court of Appeals for the D.C. Circuit has held.

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Fair Use Copyright Publishing IP 64

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. Registration was refused in August 2019, in line with previous US case law and guidance.

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Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it.

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Copyright Fair Use Designs Design 94

Technology & Marketing Law Blog

JULY 5, 2021

The court holds that the school district qualified for fair use and ordered the plaintiff to pay attorneys’ fees. There is no evidence to suggest that Defendant’s use of the material was anything other than fair. Prior blog post on a Bell lawsuit. Travel 4 All Seasons , CV-19-01719-PHX-DJH (D. Stebbins v.

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IP Social Media Fair Use Branding 85

IPilogue

SEPTEMBER 9, 2022

After the release of “Black Mirror: Bandersnatch” in 2018, Netflix was sued by Chooseco , a children’s book publisher known for their ‘game books’ titled Choose Your Own Adventure. Netflix eventually settled with Chooseco in late 2020 after unsuccessfully arguing on grounds related to trademark law and fair use allowances. .

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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

IPilogue

AUGUST 4, 2021

This is because Copilot would copy small snippets of commonly used code which are unlikely to amount to substantial reproduction or meet the threshold of originality necessary to be protected under copyright. which is established in the USA, such that [any other country’s] law is irrelevant.”.

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Copyright Infringement Copyright Licensing Intellectual Property Law 111

The IP Law Blog

SEPTEMBER 14, 2023

Next, Allen argues that “the fair use doctrine ‘would allow for registration of the work’ because it ‘allows for transformative uses of copyrighted material.” The Board, however, points out that the “fair use” doctrine does not relate to whether a work can be copyrighted but merely whether someone has the right to use the work.

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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 fictional nature of Viacom’s works and defendants’ substantial use also weigh against a finding of fair use.

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Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2018: [link].

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

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. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for. A typical thing that happens in our world).

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Blogging Fair Use Copyright Copyright Notice 105

Velocity of Content

DECEMBER 6, 2023

Word embeddings are usually stored in vector databases but a detailed description of all the approaches to storage is beyond the scope of this response since there is a wide variety of vendors, processes, and practices that are in use. law has no specific rules governing the use of copyrighted materials to train AI. Goldsmith, 598 U.S.

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Copyright Fair Use Licensing Copying 98

SpicyIP

OCTOBER 14, 2024

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. The Plaintiff claimed prior use of the mark since 2018. Mrs Arti Gupta & Anr. vs Puran Rana & Anr.

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Trademark Registering Trademarks IP Copyright 105

TorrentFreak

MAY 8, 2023

At this point, it’s worth highlighting that Lockpick was first uploaded to GitHub on December 8, 2018, with Lockpick_RCN uploaded on March 4, 2019. . §1201), and infringes copyrights owned by Nintendo.” ” After Several Years, Why Did Nintendo Act Now?

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Copying Copyright Licensing Fair Use 138

SpicyIP

JANUARY 13, 2025

Do robust defences such as freedom of speech, right to livelihood, public interest, and fair use offer absolute protection against infringements? In August, 2018, petitioner was drawn to the trade mark registration in the name of the respondent no.1. Other Posts Navigating Personality Rights Does Fame Have a Trade-Off?

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Personality Rights Trademark Registration Artwork 52

Copyright Lately

AUGUST 2, 2021

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. The most obvious potential legal defenses, other than fair use, include reliance on an express or implied license. Breitbart News Network.

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Copying Copyright Technology Licensing 100

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.

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Kluwer Copyright Blog

FEBRUARY 13, 2022

Legal scholars from our network completed the survey, which we used to construct the User Rights Database. Sean Flynn and I first introduced the database in white papers in 2017 and 2018 , which focused on the openness of the various copyright exceptions. General Exception, Including Fair use. Personal or Private Uses.

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Copyright Copyright Law Technology Fair Use 98

43(B)log

OCTOBER 16, 2024

The Philadelphia Building Code states that the 2018 International Building Code “is incorporated as if fully set forth herein, subject to [] local amendments.” Reading the fair use factors in light of copyright’s purposes, UpCodes’ copying was likely to be fair use. Trademark: This was nominative fair use.

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Law Fair Use Copying Publishing 59

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

43(B)log

AUGUST 9, 2024

2018: UK House of Lords, TM site-blocking case disagreed. Peter Yu (co-author Matthew Sag), The Globalization of Fair Use Standards for AI Copyright Office is interested in whether there will be globalization on training and copyrightability. Group one: fair use. Interestingly, Singapore also has fair use.

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Fair Use Moral Rights Law IP 59

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.

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Fair Use Licensing Art Music 52

Technology & Marketing Law Blog

OCTOBER 17, 2023

The court says these allegations are sufficient for direct copyright infringement: Mr. Greer alleged he discovered the book “had been illegally put onto Kiwi Farms” in January 2018. The court says the defendants waived any fair use defense by briefing it inadequately. Greer] money.” The complaint also alleged “Mr.

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Copyright Law Copyright Law Copyright Infringement 115

IIPRD

MARCH 5, 2025

The gaming sector faced such an outbreak in recent years as AI tools, which were trained on fan-created content, sparked the consent and fair use debate. Author: Sakkcham Singh Parmaar, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at IIPRD. References U.S. Slater, 888 F.3d

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