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.

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Fair Use Art Licensing Copyright Infringement 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents. Before November 19, 2018, the previous takedown notices to Amazon didn’t violate 512(f) because the successor licensee didn’t have the requisite bad intent.

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Registration Fair Use Copyright Design 132

Plagiarism Today

JULY 8, 2021

According to the court, Google’s use was transformative enough to be a fair use. That includes the August 2018 decision, also by the Second Circuit, that TVEyes infringed on Fox News’ copyright by copying all of Fox’s content for the purpose of creating a media clip search and sharing tool.

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Copyright Fair Use Copyright Infringement Copying 246

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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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 120

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

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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Fair Use Copyright Litigation Music 132

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 128

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

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

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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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.

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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

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 Settlement Designs 93

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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Trademark Public Domain Television Fair Use 105

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

Background – Nintendo’s Unreleased ‘Mario Movie’ In 2018, Nintendo announced a collaboration with film and animation studio Illumination (Minions, Despicable Me) to produce a new ‘Mario’ movie. But would that be illegal under US copyright law? We might have one of those today. Reporting Facts?

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Cease and Desist Copyright Infringement Fair Use Copyright 96

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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Art Copyright Registration Fair Use 120

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

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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Blogging Social Media Television Fair Use 111

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

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

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 99

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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Fair Use Intellectual Property Settlement Business 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 Art Fair Use Derivative Work 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

JIPL Online

MARCH 19, 2021

In this scenario, content creators disproportionately bear the costs of avoided litigation and asserting their fair use rights. 512 (2018). [xv] 512(c)(3) (2018). iii] Digital Millennium Copyright Act Notification Guidelines , Twitch, [link] (last visited Feb. 6, 2021). [iv] iv] Music-Related Copyright , supra note i. [v]

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Music Copyright Licensing Fair Use 76

Kluwer Copyright Blog

AUGUST 7, 2023

In the United States, the Copyright Act outlines the concept of fair use – situations where usage does not require authorization. In essence, this test establishes that a work can be used in specific special circumstances (e.g., 2018 (BARBOSA, Pedro M. 37, 2018). [3] O fair use no direito autoral.

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Copyright Derivative Work Fair Use Copyright Law 52

IPilogue

AUGUST 3, 2021

In late 2018, Nintendo discontinued the Nintendo Creator’s Program and implemented the Nintendo Game Content Guidelines for Online Video & Image Sharing Platforms. Let’s Plays & YouTube Gamers and streamers often upload their gaming content onto sites like YouTube hoping to share their experiences with viewers.

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Copyright Music Licensing Copying 111

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.

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Intellectual Property Moral Rights Registration Editing 68

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

Velocity of Content

SEPTEMBER 9, 2021

It may well substitute for a traditional bibliographic record , which is an interesting thing to think about; YouTube is also, since 2018, an ISNI provider, which means it can create a unique identifier for creator/contributors – a very helpful thing to have in the metadata world.).

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Copyright Social Media Licensing Publishing 113

The IPKat

JUNE 26, 2023

This worst case scenario is not the end of the road – it has happened in the past, for instance with the National Gambling Amendment Bill [B27B-2018] , that a lapsed Bill has been revived by the National Assembly (only to be rejected again by the NCOP, but that’s a story for another post).

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Copyright Fair Use Intellectual Property Blogging 101

SpicyIP

JULY 22, 2023

June 2018: National Strategy for Artificial Intelligence (NITI Aayog) Recognising that India has a significant stake in the AI revolution, the then Hon’ble Finance Minister, Shri Arun Jaitley, in his budget speech for 2018-19 directed the NITI Aayog to establish the National Program on AI.

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