IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

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Copyright Law Copyright Law Art 111

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. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. Hindustan Coco-Cola claimed the defence of parody, however, the Court restraining Hindustan Coco cola to use such sentence held that such commercial was a colourable imitation of Pepsi Co.’s

Copyright Law 87

Copyright Law Copyright Law Copyright Infringement 87

Technology & Marketing Law Blog

OCTOBER 17, 2023

“Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” 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.

Copyright Law 96

Copyright Law Copyright Law Copyright Infringement 96

Patently-O

AUGUST 31, 2021

The software at issue here is most aptly described as a programming language that consists of a set of functions & options that the plaintiff calls “input formats” used to produce formatted reports. In addition, SAS argues that the formatting of the reports is also copyrighted. 621 (2019). 571 (2019).

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

OCTOBER 3, 2023

The Common Crawl dataset is owned by a non-profit, which makes the data available to the public for free — but it is intended to be used for research and education and, according to the plaintiffs, it was never intended to be turned into an AI product for commercial use (see here and here ). 2019); Worldwide Church of God vs Phila.

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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.

Copyright 113

Copyright Fair Use Social Media Copying 113

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. Goldsmith , 598 S.

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Fair Use Licensing Music Art 105

LexBlog IP

JUNE 10, 2022

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. Understanding the Fair Use Doctrine.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). ” For example, when speakers have made many posts against multiple targets, and the alleged infringement would expose the author indiscriminately. Nature of the use.

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Fair Use Plagiarism Copyright Marketing 95

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. 1201), and infringes copyrights owned by Nintendo.” A snip at $165.

Copying 122

Copying Copyright Licensing Fair Use 122

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. The exceptions in fair dealing have been stated in general terms and the list is not exhaustive.

Copyright 90

Copyright Licensing Higher Education Copying 90

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. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

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Registration Fair Use Copyright Designs 113

IPilogue

OCTOBER 28, 2021

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. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. DIY Tricks?

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. A copyright is a right against the world.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Kashishipr

JUNE 9, 2021

If the music that is streamed is not licensed out, then does it amount to Copyright Infringement ? The court also determined that since the whole of the Plaintiff’s repertoire was being infringed, the balance of convenience was in Tips’ favor, and the absence of an injunction would cause irreparable injury.

Music 98

Music Licensing Television 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. ” (S.

Fair Use 52

Fair Use Licensing Art Music 52

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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

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. Legal Framework governing take down notice.

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

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. emphasis original).

Fair Use 40

Fair Use Licensing Music Art 40

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. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

Fair Use 116

Fair Use Copyright Reporting Licensing 116

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. Although the court is quite careful, this does seem to be TM/market analysis creeping into copyright.] A&E Television Networks, LLC v. Big Fish Entertainment, LLC, 2023 WL 4053871, No.

Social Media 57

Social Media Copying Fair Use Advertising 57

43(B)log

DECEMBER 18, 2023

MiTek’s 60th product catalog also contains a reference number index, which includes most of the part names listed in the API in Simpson’s 2019-2020 Wood Construction Connectors catalog; the same was true of the most recent product catalog. California UCL: same. But it doesn’t matter. Both in quantity and quality, this was de minimis.

False Advertising 62

False Advertising Advertising Advertising Copyright 62

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 False Advertising Designs Design 52

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Books3 is a dataset of books derived from a copy of the contents of the “ Bibliotik private tracker ”. Vicarious Copyright Infringement (17 U.S.C. §

Derivative Work 131

Derivative Work Copyright Infringement Copying Copyright 131

Copyright Lately

DECEMBER 24, 2023

When Netflix refused to pay up, Cramer sued for copyright infringement. Netflix was decided after the Supreme Court managed to make fair use even more complicated in Andy Warhol Foundation v. Will folks ever get tired of suing Taylor Swift over ridiculous copyright claims ? Even though Cramer v.

Copyright 104

Copyright Copyright Infringement Music Fair Use 104

SpicyIP

JULY 12, 2021

This new Bill, which seeks ‘ t o tackle the menace of film piracy ’, is a revision of the Cinematograph (Amendment) Bill 2019 – an earlier version that suffered from several logical and policy issues of its own, as highlighted by Divij, here. Piracy and Fair Use. Explanation.-

Copyright 105

Copyright Copyright Infringement Copying Fair Use 105

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 136

Copyright Copyright Law Fair Use Law 136

Technology & Marketing Law Blog

MARCH 29, 2023

In 2019, he had a simple website that included a “Where We Work” page. Screengrabs from October 29, 2019 from the Wayback Machine. Prutton admitted to copying and said that his adult daughter had helped him with his website. (A Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

Kluwer Copyright Blog

FEBRUARY 20, 2023

There are currently at least three lawsuits (two in the US (see here and here ) and one in the UK (see here )) alleging that training generative ML models on publicly available works is copyright infringement. The future of copyright? New forms of collective action? This post was first published on the Open Future blog.

Copyright 105

Copyright Fair Use Publishing Law 105

Copyright Lately

MAY 21, 2021

Earlier this week, she filed a lawsuit for copyright infringement against CBS Interactive over a photograph CBS used in a 2015 Entertainment Tonight Online article about her scandal. This isn’t the first copyright infringement claim Dolezal has brought against the media. View Fullscreen.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

Kluwer Copyright Blog

JANUARY 20, 2022

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). 17 DSMD tries to establish such rules.

Reporting 98

Reporting Copyright Art Copyright Infringement 98

LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. 641, 659 (2019), aff’d on other grounds 971 F.3d 1073 (2019). Cooper, 140 S.Ct. ” Flynn, Queen Anne’s Revenge, Indeed!

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

IIPRD

JANUARY 18, 2022

Copyright infringement arises when reproduction right is infringed (i.e. the restriction against reproducing or copying copyright works) or communication right is infringed. the restriction against communicating copyright works to a new public not originally envisaged by the copyright owner).

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40